Amendment and Modification Waiver Contract Clauses (185)

Amendment and Modification Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power... or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. View More

Amendment and Modification Waiver. Except as otherwise provided herein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by the Company or the Holder of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or ...different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Warrant shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 18. Severability. If any term or provision of this Warrant is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Warrant or invalidate or render unenforceable such term or provision in any other jurisdiction. View More

Amendment and Modification Waiver. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by the parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any sin...gle or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. Very truly yours, By: /s/ Frederick W. Cooper Name: Frederick W. Cooper, individually and as Sellers Agent ARIIX, LLC By: NewAge, Inc. Sole Member By: /s/ Brent Willis Name: Brent Willis Accepted and agreed: NEWAGE, INC. By: /s/ Brent Willis Name: Brent Willis Its: Chief Executive Officer Signature Page to Letter Agreement EX-10.1 2 ex10-1.htm Exhibit 10.1 August 18, 2021 NewAge, Inc. 2420 17th Street, Suite 220 Denver, Colorado 80202 Re: Amended and Restated Agreement and Plan of Merger dated September 30, 2020 Ladies and Gentlemen: This letter agreement (this "Agreement") is made by the undersigned under the Amended and Restated Agreement and Plan of Merger dated September 30, 2020 (as amended by the letter agreement dated November 16, 2020, the "Merger Agreement"), by and among NewAge, Inc., ("Parent"), Ariel Merger Sub, LLC, Ariel Merger Sub 2, LLC, Ariix, LLC, the "Sellers" identified therein, and Frederick W. Cooper solely in his capacity as Sellers Agent thereunder ("Sellers Agent"). Capitalized terms used but not defined in this Agreement have the respective meanings set forth in the Merger Agreement. View More