5.5 NO WAIVER. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
06/22/2016 (Protagonist Therapeutics, Inc)
Section11.12 No Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement or condition.
04/06/2021 (POWERSCHOOL HOLDINGS, INC.)
(g)No Waiver. The Executive’s or the Company’s failure to insist upon strict compliance with any provision of this Agreement or the failure to assert any right the Executive or the Company may have hereunder, including, without limitation, the right of the Executive to terminate employment for Good Reason pursuant to Section3(d) of this Agreement, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.
03/20/2018 (Presidio Property Trust, Inc.)
16. No Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement.
03/20/2018 (Presidio Property Trust, Inc.)
19. No Waiver. No waiver of any term, provision, or condition of this NDA Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be or be construed as a further or continuing waiver of any such term, provision, or condition or as a waiver of any other term, provision, or condition of this NDA Agreement.
03/20/2018 (Presidio Property Trust, Inc.)
No Waiver. Other than as expressly set forth herein, this Amendment does not waive or modify any portion of the License Agreement, which otherwise remain in full force and effect. No waiver of any provision of the License Agreement or this Amendment may be made except in a writing signed by the Institutions and Licensee.
03/01/2017 (ADURO BIOTECH, INC.)
(d) Amendments; No Waiver. This Agreement may be amended only by an instrument in writing signed by the parties hereto, and any provision hereof may be waived only by an instrument in writing signed by the party or parties against whom or which enforcement of such waiver is sought. The failure of any party hereto at any time to require the performance by any other party hereto of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by any party hereto of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or a waiver of the provision itself or a waiver of any other provision of this Agreement.
06/18/2018 (Select Interior Concepts, Inc.)
Section3. No Waiver. Except as expressly set forth in this Amendment, nothing contained in this Amendment, or any other communication between or among Lender and any Obligor, shall be construed as a waiver by the Lender of any covenant or provision of the Amended Loan Agreement, the Loan Documents, this Amendment or any other contract or instrument between or among any Obligor and Lender, or of any similar future transaction, and the failure of Lender at any time or times hereafter to require strict performance by any Obligor of any provision thereof shall not waive, affect or diminish any right of the Lender to thereafter demand strict compliance therewith. Nothing contained in this Amendment shall directly or indirectly in any way whatsoever either: (i)except as expressly provided herein, impair, prejudice or otherwise adversely affect the Lenders right at any time to exercise any right, privilege or remedy in connection with the Amended Loan Agreement or any Loan Documents, each as amended hereby, (ii)except as expressly provided herein, amend or alter any provision of the Existing Loan Agreement or any Loan Documents or any other contract or instrument, or (iii)constitute any course of dealings or other basis for altering any obligation of any Obligor under the Amended Loan Agreement or any Loan Documents or any right, privilege or remedy of Lender under the Amended Loan Agreement, any Loan Documents or any other contract or instrument. The Lender hereby reserves all rights granted under the Existing Loan Agreement, the Loan Documents, this Amendment and any other contract or instrument between or among any Obligor and Lender, each as amended hereby.
06/18/2018 (Select Interior Concepts, Inc.)
6.No Waiver. Except as expressly set forth in this Amendment, nothing contained in this Amendment, or any other communication between or among Agent and any Obligor, shall be construed as a waiver by the Agent of any covenant or provision of the Financing Agreement, the Loan Documents, this Amendment or any other contract or instrument between or among any Obligor and Agent, or of any similar future transaction, and the failure of Agent at any time or times hereafter to require strict performance by any Obligor of any provision thereof shall not waive, affect or diminish any right of the Agent to thereafter demand strict compliance therewith. Nothing contained in this Amendment shall directly or indirectly in any way whatsoever either: (i)except as expressly provided herein, impair, prejudice or otherwise adversely affect the Agents right at any time to exercise any right, privilege or remedy in connection with the Financing Agreement or any Loan Documents, each as amended hereby, (ii)except as expressly provided herein, amend or alter any provision of the Financing Agreement or any Loan Documents or any other contract or instrument, or (iii)constitute any course of dealings or other basis for altering any obligation of any Obligor under the Financing Agreement or any Loan Documents or any right, privilege or remedy of Agent under the Financing Agreement, any Loan Documents or any other contract or instrument. The Agent hereby reserves all rights granted under the Financing Agreement, the Loan Documents, this Amendment and any other contract or instrument between or among any Obligor and Agent, each as amended hereby.
06/18/2018 (Select Interior Concepts, Inc.)
9. No Waiver. No waiver of any provision of this Agreement will be valid unless in writing and signed by the person against whom such waiver is sought to be enforced, nor will failure to enforce any right hereunder constitute a continuing waiver of the same or a waiver of any other right hereunder.
01/20/2021 (Bioventus Inc.)
5.No Waiver. Nothing herein constitutes a waiver of any default or Event of Default under the Loan Agreement or any other Loan Documents, whether or not known to Lender, except as set forth in Section 1 above.
05/16/2016 (XTERA COMMUNICATIONS, INC.)
5.No Waiver. Nothing herein constitutes a waiver of any default or Event of Default under the Loan Agreement or any other Loan Documents, whether or not known to Lender.
05/16/2016 (XTERA COMMUNICATIONS, INC.)
12. No Waiver. No failure or delay on the part of any party hereto in the exercise of any right hereunder will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant or agreement herein, nor will any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar), or shall constitute a continuing waiver unless otherwise expressly provided. No waiver of any right or remedy hereunder shall be valid unless the same shall be in writing and signed by the party against whom such waiver is intended to be effective.
06/07/2017 (Safety, Income & Growth, Inc.)
2.3 No Waiver. Other than as expressly set forth herein, this Amendment does not waive or modify any portion of the Agreement, which otherwise remain in full force and effect. No waiver of any provision of the Agreement or this Amendment is effective unless made in a writing signed by a duly authorized representative of each party.
08/17/2018 (Entasis Therapeutics Ltd)
No Waiver.No delay on the part of a Party in exercising any power or right hereunder or any other document shall operate as a waiver of any such power or right, nor act as a consent to any departure by such Party from any of the terms or conditions hereof or thereof, preclude other or further exercise thereof, or the exercise of any other power or right. No waiver whatsoever shall be valid unless in writing signed by both Borrower and the Lender and then only to the extent set forth therein.
02/25/2019 (Charmt, Inc.)
c) No Waiver. No waiver of any breach or condition of any of the Restricted Stock Documentation will effect a waiver of any subsequent or other breach or condition, whether similar or dissimilar. No failure to exercise or delay in exercising any right or remedy under any of the Restricted Stock Documentation will effect a waiver of that right or remedy. No single or partial exercise of any right or remedy under any of the Restricted Stock Documentation will preclude any other or further exercise of that right or remedy or any other right or remedy. Except as otherwise expressly provided, the rights and remedies under the Restricted Stock Documentation are cumulative and not exclusive or exhaustive.
08/02/2016 (UMB FINANCIAL CORP)
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