Common use of Waiver Clause in Contracts

Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 220 contracts

Samples: Restricted Stock Award (IZEA Worldwide, Inc.), Restricted Stock Unit Award (IZEA Worldwide, Inc.), Stock Option Agreement (Lucid Diagnostics Inc.)

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Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 171 contracts

Samples: Consulting Agreement (Ecoark Holdings, Inc.), Consulting Agreement (Blue Bird Corp), Consulting Agreement (Blue Star Foods Corp.)

Waiver. The waiver Waiver by any party hereto of any breach or default by the other party of any of the terms of this Agreement shall not operate as a waiver of any other breach or default, whether similar to or different from the breach or default waived. No waiver of any provision of this Agreement shall not operate be implied from any course of dealing between the parties hereto or be construed as a waiver from any failure by either party hereto to assert its or his rights hereunder on any occasion or series of any other or subsequent breachoccasions.

Appears in 167 contracts

Samples: Incentive Award Agreement (New Jersey Resources Corp), Employment Agreement (European Wax Center, Inc.), Employment Continuation Agreement (New Jersey Resources Corp)

Waiver. The waiver Waiver by any one party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breachcontinuing waiver.

Appears in 128 contracts

Samples: Crew Agreement, Cfo Agreement (Ealixir, Inc.), Cfo Consulting Agreement (GlucoTrack, Inc.)

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to or waiver of any other or subsequent breachbreach hereof.

Appears in 111 contracts

Samples: Form of Employment Agreement (Big Tree Cloud Holdings LTD), Employment Agreement (XCHG LTD), Form of Employment Agreement (ZEEKR Intelligent Technology Holding LTD)

Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by any party.

Appears in 89 contracts

Samples: Interlocal Agreement for Law Enforcement Services, Code Enforcement Lien Settlement Agreement, On Call Electrical Services Contract

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 86 contracts

Samples: Cumberland Pharmaceuticals Inc, Cumberland Pharmaceuticals Inc, Cumberland Pharmaceuticals Inc

Waiver. The waiver by of any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 75 contracts

Samples: Release and Severance Agreement (Old National Bancorp /In/), Release and Severance Agreement (Old National Bancorp /In/), Employment Agreement

Waiver. The waiver by any either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same provision by any party or of the breach of any other term or subsequent breachprovision of this Agreement.

Appears in 75 contracts

Samples: Employment Agreement (Compass Minerals International Inc), Employment Agreement (Compass Minerals International Inc), Employment Agreement (Compass Minerals International Inc)

Waiver. The Any waiver (express or implied) by any party hereto of a breach either Party of any provision breach of this Agreement shall not operate or be construed as constitute a waiver of any other or subsequent breach.

Appears in 70 contracts

Samples: License Agreement (Actuate Therapeutics, Inc.), License Agreement (Actuate Therapeutics, Inc.), Materials License Agreement (First Light Acquisition Group, Inc.)

Waiver. The waiver by any a party hereto of a any breach by the other party hereto of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by a party hereto.

Appears in 69 contracts

Samples: Executive Severance Agreement (Escalade Inc), Executive Severance Agreement (Escalade Inc), Employment Agreement (Adma Biologics, Inc.)

Waiver. The A waiver by any party hereto of a breach under this Agreement shall not be a waiver of any provision subsequent breach or default hereunder. Failure of either party to enforce compliance with any term or condition of this Agreement shall not operate or be construed as constitute a waiver of any other such term or subsequent breachcondition.

Appears in 68 contracts

Samples: Asset Representations Review Agreement (Ally Auto Receivables Trust 2024-1), Asset Representations Review Agreement (Ally Auto Receivables Trust 2024-1), Asset Representations Review Agreement (Ally Auto Receivables Trust 2023-1)

Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other or subsequent breachprovision hereof.

Appears in 58 contracts

Samples: Retroactive Employment Agreement (Alkame Holdings, Inc.), Retroactive Employment Agreement (Alkame Holdings, Inc.), Employment Agreement (Virtual Sourcing, Inc.)

Waiver. The No waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any preceding or succeeding breach of the same or any other or subsequent breachprovision hereof.

Appears in 58 contracts

Samples: Des Services Agreement (Virginia Electric & Power Co), Des Services Agreement (Virginia Electric & Power Co), Des Services Agreement (Dominion Energy South Carolina, Inc.)

Waiver. The waiver by either party of any party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach of construction and validity.

Appears in 56 contracts

Samples: Employment Agreement (Teamstaff Inc), Employment Agreement (Teamstaff Inc), Employment Agreement (Teamstaff Inc)

Waiver. The waiver by any Any party hereto of a may specifically waive any breach of any provision of this Agreement by any other party, but no such waiver shall not operate or be construed as deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designating the breach waived, nor shall any such waiver constitute a continuing waiver of any similar or other or subsequent breachbreaches.

Appears in 55 contracts

Samples: Escrow Agreement (Akumin Inc.), Escrow Agreement, Escrow Agreement

Waiver. The waiver by any a party hereto of a any breach by the other party hereto of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by a party hereto.

Appears in 51 contracts

Samples: Transition Agreement (Parkway Properties Inc), Consulting Agreement (Parkway Properties Inc), Consulting Agreement (Parkway Properties Inc)

Waiver. The No waiver by any either party hereto of a breach of any provision breach by the other party of any of the provisions of this Agreement shall not operate or will be construed as deemed a waiver of any other preceding or subsequent breachsucceeding breach of this Agreement. No such waiver will be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing.

Appears in 49 contracts

Samples: Master Service Agreement, Master Service Agreement, Elevate Master Services Agreement

Waiver. The waiver by any either party hereto of a the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 49 contracts

Samples: Agreement, Confidentiality Agreement, Contract for Services Haul Trucks and Operators

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement Agreement, or failure to insist upon strict compliance with the terms of this Agreement, shall not operate or be construed as deemed a waiver of any other subsequent breach or subsequent breachrelinquishment of any right or power under this Agreement.

Appears in 47 contracts

Samples: Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/)

Waiver. The waiver by any either party hereto of a breach of any provision right hereunder or of any breach of this Agreement shall not operate as or be construed as to be an amendment of this Agreement or a waiver of any other future right or subsequent breach.

Appears in 43 contracts

Samples: Employment and Noncompetition Agreement (Service Corp International), Employment and Noncompetition Agreement (Service Corp International), Employment and Noncompetition Agreement (Service Corp International)

Waiver. The waiver by any either party hereto of a the breach of any covenant or provision of in this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party.

Appears in 42 contracts

Samples: General Services Agreement, Employment Agreement (Orthologic Corp), Consulting Agreement (Orthologic Corp)

Waiver. The It is agreed that a waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed construed, as a waiver of any other or subsequent breachbreach by that same party.

Appears in 39 contracts

Samples: Common Stock Purchase Agreement (Soligenix, Inc.), Securities Exchange and Note Purchase Agreement (Biohitech Global, Inc.), Membership Interest Purchase Agreement (Biohitech Global, Inc.)

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same or any other or subsequent breachprovision of this Agreement by the breaching party.

Appears in 38 contracts

Samples: Employment Agreement (Southern States Bancshares, Inc.), Stock Purchase Agreement (Consolidated Water Co LTD), Employment Agreement (FGBC Bancshares, Inc.)

Waiver. The A party’s waiver by any party hereto of a breach of any provision breach or violation of this any Agreement provisions shall not operate as, or be construed as to be, a waiver of any later breach of the same or other or subsequent breachAgreement provision.

Appears in 38 contracts

Samples: Employment Agreement (Bit Digital, Inc), Employment Agreement (Bit Digital, Inc), Executive Employment Agreement (AYRO, Inc.)

Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breachbreach of such or any provision.

Appears in 36 contracts

Samples: Employment Agreement (Everside Health Group, Inc.), Employment Agreement, Employment Agreement

Waiver. The waiver by any party hereto to this Agreement of a breach of any provision term of this the Agreement shall will not operate or be construed as a waiver of any other or subsequent breach.

Appears in 35 contracts

Samples: Option Award Agreement (Loar Holdings, LLC), Performance Rsu Award Agreement (HBT Financial, Inc.), Option Award Agreement (Oak Street Health, Inc.)

Waiver. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any other or subsequent breach.

Appears in 35 contracts

Samples: Resident Agreement, Agreement, Allied Health Professions

Waiver. The waiver by any either party hereto of a breach of any provision term of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same provision by either party or of the breach of any other term or subsequent breachprovision of this Agreement.

Appears in 34 contracts

Samples: Employment Agreement (Granite Ridge Resources, Inc.), Employment Agreement (Granite Ridge Resources, Inc.), Employment Agreement (ProFrac Holding Corp.)

Waiver. The waiver by either party of any party hereto of a breach or violation of any provision of this Agreement agreement shall not operate or of be construed as a waiver of any other subsequent breach or subsequent breachviolation of it.

Appears in 34 contracts

Samples: Consultant Agreement (Viropro Inc), Consultant Agreement (Viropro Inc), Consultant Agreement (Viropro Inc)

Waiver. The waiver by any either party hereto of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of or any other or subsequent breachbreach by either party hereto.

Appears in 32 contracts

Samples: Employment Agreement (Guardion Health Sciences, Inc.), Employment Agreement (ATI Nationwide Holding Corp.), Employment Agreement (ATI Nationwide Holding Corp.)

Waiver. The Any waiver by either party of any party hereto of a breach of any provision of term or condition in this Agreement shall not operate or be construed as a waiver of any other breach of such term or subsequent breachcondition or of any other term or condition, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof or constitute or be deemed a waiver or release of any other rights, in law or in equity.

Appears in 28 contracts

Samples: Solicitation, and Confidentiality Agreement, Employment Agreement (Commercial National Financial Corp /Pa), Combination Agreement (Covalent Group Inc)

Waiver. The waiver by any one party hereto of a breach of any provision of the provisions of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 28 contracts

Samples: Executive Employment Agreement (GEE Group Inc.), Executive Employment Agreement (GEE Group Inc.), Executive Employment Agreement (GEE Group Inc.)

Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent simultaneous breach.

Appears in 27 contracts

Samples: Services Agreement (Forge Global Holdings, Inc.), Confidential Separation Agreement and General Release (Forge Global Holdings, Inc.), Executive Employment Agreement (Hispanica International Delights of America, Inc.)

Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of this the Agreement shall will not operate or be construed as a waiver of any other or subsequent breach.

Appears in 27 contracts

Samples: Performance Stock Unit Award Agreement (Neogenomics Inc), Stock Option Agreement (Neogenomics Inc), Restricted Stock Agreement (Neogenomics Inc)

Waiver. The waiver by any party hereto of a the breach or nonperformance of any provision of this Agreement shall by any other party will not operate or be construed as a waiver of any future breach or nonperformance under any provision of this Agreement or any similar agreement with any other or subsequent breachemployee.

Appears in 27 contracts

Samples: Employment Agreement (Winland Electronics Inc), Employment Agreement (Makemusic, Inc.), Employment Agreement (Makemusic, Inc.)

Waiver. The No waiver by any party hereto of a the breach of any provision term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of this Agreement shall not operate any such breach, or be construed as a waiver of any other term or subsequent breachcovenant contained in this Agreement.

Appears in 26 contracts

Samples: Employment Agreement (F&G Annuities & Life, Inc.), Employment Agreement (F&G Annuities & Life, Inc.), Services Agreement for Lisa Kowan (Astra Energy, Inc.)

Waiver. The waiver by any of either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to or waiver of any other or subsequent breachbreach hereof.

Appears in 25 contracts

Samples: Employment Agreement (Marsh & McLennan Companies, Inc.), Employment Agreement (Marsh & McLennan Companies, Inc.), Employment Agreement (Marsh & McLennan Companies, Inc.)

Waiver. The waiver by any either party hereto of a breach of any provision of this the Agreement shall will not operate or be construed interpreted as a waiver of any other or subsequent breach.

Appears in 24 contracts

Samples: Master Subscription Agreement, Main Subscription Agreement Terms and Conditions, Main Subscription Agreement Terms and Conditions

Waiver. The No waiver by any party hereto of a any breach of any provision of term or covenant in this Agreement Agreement, whether by conduct or otherwise, in any one or more instances, shall not operate be deemed to be or be construed as a further or continuing waiver of any such breach, or a waiver of any other term or subsequent breachcovenant contained in this Agreement.

Appears in 23 contracts

Samples: Employment Agreement (ORBCOMM Inc.), Employment Agreement (ORBCOMM Inc.), Employment Agreement (ORBCOMM Inc.)

Waiver. The waiver by any either party hereto of a any breach or violation of any provision of this Agreement by the other party shall not operate as or be construed as to be a waiver of any other or subsequent breachbreach by such waiving party.

Appears in 23 contracts

Samples: Employment Agreement (Fiserv Inc), Employment Agreement (Rocky Brands, Inc.), Employment Agreement (Cross Medical Products Inc /De)

Waiver. The waiver by the Employer or Employee of any breach of any term or condition of this Agreement shall not be deemed to constitute the waiver of any other breach of the same or any other term or condition hereof. Failure by any party hereto of a to claim any breach or violation of any provision of this Agreement shall not operate constitute a precedent or be construed as a waiver of any other or subsequent breachbreaches hereof.

Appears in 23 contracts

Samples: Non Compete Agreement, Non Compete Agreement, Non Compete Agreement

Waiver. The waiver by either party of any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breachbreach of the same or a different provision.

Appears in 22 contracts

Samples: Evaluation Board License Agreement, License Agreement, Evaluation Board License Agreement

Waiver. The waiver by any party hereto of a breach one Party of any provision or breach of this the Agreement shall not operate or be construed as deemed a waiver of any other provision or subsequent breachbreach of the Agreement.

Appears in 22 contracts

Samples: National Settlement Agreement, Class Action Settlement Agreement, Settlement Agreement

Waiver. The waiver by any party hereto of a breach of any provision term of this Agreement by any of the parties hereto shall not operate or be construed as a waiver by such party of the breach of any other term of this Agreement or as a waiver of a subsequent breachbreach of the same term of this Agreement.

Appears in 22 contracts

Samples: Services Agreement (Eleison Pharmaceuticals Inc), Management Services Agreement (Unique Fabricating, Inc.), Employment Agreement (Allied Systems Holdings Inc)

Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other or subsequent breachprovision of this Agreement.

Appears in 20 contracts

Samples: Resignation and Release Agreement, Employment Agreement (IsoRay, Inc.), Employment Agreement (IsoRay, Inc.)

Waiver. The waiver by any party hereto either Party of a breach of any provision of or right under this Agreement shall will not operate or be construed as constitute a waiver of any other or subsequent breachbreach or right.

Appears in 20 contracts

Samples: Cloud Subscription Agreement, Cloud Subscription Agreement, Cloud Subscription Agreement

Waiver. The A Party’s waiver by of any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any later breach of the same or other or subsequent breachprovision by such Party.

Appears in 20 contracts

Samples: Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/)

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 19 contracts

Samples: Employment Agreement (Praco Corp), Employment Agreement, Employment Agreement

Waiver. The waiver by any either party hereto of a breach or violation of any term or provision of this Agreement shall not operate or nor be construed as a waiver of any other subsequent breach or subsequent breachviolation.

Appears in 19 contracts

Samples: Consulting Agreement (Mednax, Inc.), Employment Agreement (Urecoats Industries Inc), Employment Agreement (Urecoats Industries Inc)

Waiver. The waiver Waiver by either of the parties of any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other prior or subsequent breachbreach of the same or any other provision hereof.

Appears in 19 contracts

Samples: Consulting Agreement (Bridgford Foods Corp), Executive Employment Agreement (Shift4 Payments, Inc.), Separation Agreement (Troika Media Group, Inc.)

Waiver. The waiver by either party of any party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breachbreach of the same or a different provision.

Appears in 19 contracts

Samples: Software License Agreement, Evaluation Product License Agreement, Open Hardware License Agreement

Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 19 contracts

Samples: Employment Agreement (TMX Finance LLC), Key Position Agreement (Global Payments Inc), Employment Agreement (Indus International Inc)

Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall by any other party will not operate or be construed as a waiver of any other or subsequent breachbreach by such other party.

Appears in 18 contracts

Samples: Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc)

Waiver. The Any waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other breach or subsequent breachdefault hereof.

Appears in 18 contracts

Samples: Employment Agreement (Tii Industries Inc), Employment Agreement (Tii Industries Inc), Employment Agreement (Tii Industries Inc)

Waiver. The waiver by any either party hereto of a breach by the other party of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 17 contracts

Samples: Employment Agreement (Humbl, Inc.), Employment Agreement (Humbl, Inc.), Share Settlement Agreement (Akerna Corp.)

Waiver. The Any waiver by any either party hereto of a breach of any provision breach of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other or subsequent breach.

Appears in 17 contracts

Samples: Interim Content Distributor Agreement, Most Device Interim License Agreement, Iprm Hn Adopter License Agreement

Waiver. The waiver by any either party hereto of a breach or a violation of any provision of this Agreement shall not operate as or be construed as to be a waiver of any other or subsequent breachbreach thereof.

Appears in 17 contracts

Samples: Location Agreement, Premises Use Agreement, Mental Health Wellness Agreement

Waiver. The waiver by either party of any breach by the other party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. No person acting other than pursuant to a resolution of the Company shall have authority on behalf of the Company to agree to amend, modify, repeal, waive or subsequent breachextend any provision of this Agreement.

Appears in 17 contracts

Samples: Employment Agreement (Nava Health Md, LLC), Employment Agreement (Nava Health Md, LLC), Employment Agreement (iBio, Inc.)

Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent breachsimultaneous breach of the same or different provisions.

Appears in 17 contracts

Samples: Transition and Retirement Agreement, Employment Agreement (Under Armour, Inc.), Independent Contractor (Connecture Inc)

Waiver. The waiver Waiver by any party hereto hereunder of a any breach of or failure to comply with any provision of this Agreement by the other party shall not operate or be construed as as, or constitute a continuing waiver of, or a waiver of any other breach of, or subsequent breachfailure to comply with, any other provision of this Agreement.

Appears in 16 contracts

Samples: Share Purchase Agreement (Crucial Innovations, Corp.), Stock Transfer Agreement (Alterola Biotech Inc.), Equity Purchase Agreement (Crucial Innovations, Corp.)

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Waiver. The provisions of this Agreement may be waived only by an instrument in writing executed by the waiving party. The waiver by any party hereto of a breach of any provision breach of this Agreement shall not operate be deemed to be or be construed as a waiver of any other breach, whether prior, subsequent, or subsequent breachcontemporaneous, of this Agreement.

Appears in 16 contracts

Samples: Agreement, Agreement, Settlement Agreement and Release

Waiver. The No waiver by either Party of any party hereto of a breach of any provision of this Agreement and/or any Services Agreement by the other shall not operate or be construed considered as a waiver of any subsequent breach of the same or any other or subsequent breachprovision.

Appears in 16 contracts

Samples: Limited Master Services Agreement, Master Services Agreement, LTD Master Services Agreement

Waiver. The waiver Waiver by any either party hereto of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 16 contracts

Samples: Employment Agreement (Alldigital Holdings, Inc.), Employment Agreement (Alldigital Holdings, Inc.), Employment Agreement (Alldigital Holdings, Inc.)

Waiver. The waiver by either party of any party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent breach or subsequent breachviolation hereof.

Appears in 16 contracts

Samples: Confidentiality and Nondisclosure Agreement, Confidentiality and Nondisclosure Agreement, Confidentiality and Nondisclosure Agreement

Waiver. The waiver by any either party hereto of a breach of any provision term of this Agreement shall not operate as, or be construed as as, a waiver of any other or subsequent breach.

Appears in 16 contracts

Samples: Agreement of Share Exchange and Plan of Reorganization, Agreement of Share Exchange and Plan of Reorganization (Upd Holding Corp.), Agreement of Share Exchange and Plan of Reorganization

Waiver. The waiver by any party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of (a) a subsequent breach of the same provision by any party or (b) the breach of any other term or subsequent breachprovision of this Agreement.

Appears in 16 contracts

Samples: Escrow Agreement (Cottonwood Communities, Inc.), Escrow Agreement (Appliqate Inc), Form of Escrow Agreement (Cottonwood Communities, Inc.)

Waiver. The No waiver by either party of any party hereto breach of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach, whether of the same or a different provision of this Agreement.

Appears in 15 contracts

Samples: Asset Purchase Agreement (Lux Digital Pictures, Inc.), Asset Purchase Agreement (Lux Digital Pictures, Inc.), Asset Purchase Agreement (Lux Digital Pictures, Inc.)

Waiver. The Any waiver by a party of any party hereto of a breach of any provision of this Agreement by the other party shall not be binding unless in writing, and shall not operate or be construed as a waiver of any other or subsequent breachbreach by the Executive.

Appears in 15 contracts

Samples: Employment Agreement (SMART Technologies Inc.), Employment Agreement (SMART Technologies Inc.), Employment Agreement (SMART Technologies Inc.)

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 15 contracts

Samples: Development Block Grant Agreement, Agreement for Federal Land Appraisals, Agreement for Federal Land Appraisals

Waiver. The waiver by any party hereto of a any breach of any provision term or condition of this Agreement shall not operate or be construed as deemed a waiver of as to any other subsequent or subsequent similar breach.

Appears in 15 contracts

Samples: Amended And, License Agreement, License Agreement

Waiver. The A waiver by any either party hereto of a breach of any term or provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 15 contracts

Samples: Employment Agreement (NewLake Capital Partners, Inc.), Mohit Marria (Chimera Investment Corp), Employment Agreement Alex Monteith (Biospecifics Technologies Corp)

Waiver. The waiver by any either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same provisions by either party or of the breach of any other term or subsequent breachprovision of this Agreement.

Appears in 15 contracts

Samples: Executive Retention Agreement (Atwood Oceanics Inc), Executive Retention Agreement (Atwood Oceanics Inc), Executive Retention Agreement (Horizon Health Corp /De/)

Waiver. The waiver by any party hereto the Company or the Employee of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 14 contracts

Samples: Employment Agreement (Miix Group Inc), Employment Agreement (Miix Group Inc), Employment Agreement (Miix Group Inc)

Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of this Agreement the provisions contained herein shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 14 contracts

Samples: Employment Agreement (Renal Care Group Inc), Employment Agreement (Renal Care Group Inc), Employment Agreement (Medirisk Inc)

Waiver. The Any waiver by any either party hereto of a any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other or subsequent breach.

Appears in 14 contracts

Samples: Digital Certificate Authorization Agreement, Digital Certificate Authorization Agreement, Digital Certificate Authorization Agreement

Waiver. The waiver Waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other or subsequent breachbreach hereto.

Appears in 13 contracts

Samples: Employment Agreement, Employment Agreement, Chief of Police Employment Agreement

Waiver. The waiver by any of either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach thereof.

Appears in 13 contracts

Samples: Employment Agreement (Summit Design Inc), Employment Agreement (Summit Design Inc), Employment Agreement (Summit Design Inc)

Waiver. The waiver by any party hereto of a breach of any provision breach of this Agreement by either party shall not operate or be construed as deemed a waiver of any other breach or a waiver of any subsequent breachbreach of the same nature.

Appears in 13 contracts

Samples: Group Health Insurance, Group Health Insurance Agreement, Health Insurance Agreement

Waiver. The waiver by either party of any party hereto of a breach of any provision term or condition of this Agreement shall not operate or be construed as deemed a waiver of as to any other subsequent or subsequent similar breach.

Appears in 12 contracts

Samples: License Agreement, License Agreement (Gilead Sciences Inc), License Agreement (Immune Therapeutics, Inc.)

Waiver. The waiver of any breach of any provision under this Agreement by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as deemed to be a waiver of any other preceding or subsequent breachbreach under this Agreement.

Appears in 12 contracts

Samples: Purchase and Assumption Agreement (First Financial Northwest, Inc.), Purchase and Assumption Agreement (FFBW, Inc. /MD/), Purchase and Assumption Agreement (West End Indiana Bancshares, Inc.)

Waiver. The Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof or of any other or subsequent breachprovision of this Agreement.

Appears in 12 contracts

Samples: Employment Agreement (Ness Energy International Inc /Nv/), Agreement (Ness Energy International Inc /Nv/), Agreement (Xto Energy Inc)

Waiver. The A waiver by any either party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as to be a waiver of any other or subsequent breach.

Appears in 12 contracts

Samples: Separation Agreement and Release (Oglebay Norton Co /Ohio/), Separation Agreement and Release (Oglebay Norton Co /Ohio/), Separation and Retirement Agreement and Release (Oglebay Norton Co /Ohio/)

Waiver. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate as or be construed as to be a waiver of any other or subsequent breachbreach hereof.

Appears in 12 contracts

Samples: Candidate Training and Placement Agreement, Consulting Agreement (Trecora Resources), Consulting Agreement (Trecora Resources)

Waiver. The waiver by any party hereto of a breach of any provision breach by another party of any term or condition of this Agreement shall not operate or be construed as constitute a waiver of any other subsequent breach or subsequent breachnullify the effectiveness of that term or condition.

Appears in 12 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

Waiver. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate as or be construed as to be a waiver of any subsequent breach of the same or other or subsequent breachprovision hereof.

Appears in 12 contracts

Samples: Continuing Services Agreement, Speaking Agreement, Speaking Agreement

Waiver. The waiver by any party hereto of a breach of any provision of the provisions of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breachbreach hereof by such party.

Appears in 12 contracts

Samples: Security Guard Service Agreement, Employment Agreement (Jmar Technologies Inc), Employment Agreement (Jmar Technologies Inc)

Waiver. The A waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed construed, as a waiver of any other or subsequent breachbreach by the same party.

Appears in 12 contracts

Samples: Subscription Agreement (China VTV LTD), Securities Purchase Agreement (ANGSTRON HOLDINGS Corp), Securities Purchase Agreement (Hk Graphene Technology Corp)

Waiver. The waiver by any party hereto to this Agreement of a breach by the other party of any provision of the provisions of this Agreement shall not operate as or be construed as a waiver of any other different or subsequent breach.

Appears in 11 contracts

Samples: Employment Agreement (Summit Financial Services Group Inc), Employment Agreement (Summit Financial Services Group Inc), Employment Agreement (Summit Financial Services Group Inc)

Waiver. The waiver by any of either party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a continuing waiver or as a consent to or waiver of any other or such subsequent breach.

Appears in 11 contracts

Samples: Consulting Agreement (Air Methods Corp), Consulting Agreement (EnteroMedics Inc), Consulting Agreement (EnteroMedics Inc)

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed construed, as a waiver of any other or subsequent breach.

Appears in 11 contracts

Samples: Independent Contractor Agreement, boonecountybar.org, Agreement

Waiver. The waiver by any either party hereto of a any breach of any provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party hereto.

Appears in 11 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Calypso Wireless Inc), Executive Employment Agreement (Calypso Wireless Inc)

Waiver. The waiver by any party hereto Party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent similar breach.

Appears in 11 contracts

Samples: Asset Purchase Agreement (Harvard Bioscience Inc), Asset Purchase Agreement (Tandem Health Care, Inc.), Asset Purchase Agreement (Harvard Bioscience Inc)

Waiver. The waiver by any party hereto of a breach Party of any provision breach of this Agreement by another Party shall not operate or be construed as deemed a waiver of any other prior or subsequent breachbreach of this Agreement.

Appears in 11 contracts

Samples: Settlement Agreement (Trustmark Corp), Settlement Agreement, Settlement Agreement

Waiver. The Any waiver by either party of any party hereto of a breach of any provision of term or condition in this Agreement shall will not operate or be construed as a waiver of any other breach of such term or subsequent breachcondition or of any other term or condition, nor will any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof or constitute or be deemed a waiver or release of any other rights, in law or in equity.

Appears in 10 contracts

Samples: Executive Employment Agreement (Valera Pharmaceuticals Inc), Employment Agreement (Oao Technology Solutions Inc), Separation and Consulting Agreement (Neose Technologies Inc)

Waiver. The waiver Waiver by either of the Parties of any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other prior or subsequent breachbreach of the same or any other provision hereof.

Appears in 10 contracts

Samples: Confidential Separation and Waiver and Release Agreement (Troika Media Group, Inc.), Separation Agreement (Troika Media Group, Inc.), Separation Agreement (Troika Media Group, Inc.)

Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 10 contracts

Samples: Compete Agreement, Employment Agreement (Sprint Corp), Non Compete Agreement (Embarq CORP)

Waiver. The No waiver by any party hereto of a breach either Party of any provision term or breach of this Agreement shall not operate or be construed as a waiver of any other term or subsequent breachbreach hereof or of the same or a similar term or breach on any other occasion.

Appears in 10 contracts

Samples: Transition Services Agreement (NOW Inc.), Transition Services Agreement (NOW Inc.), Transition Services Agreement (CST Brands, Inc.)

Waiver. The A waiver by any party hereto of a to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party.

Appears in 10 contracts

Samples: Non Residential Development Agreement, Apex Estates Development Agreement, Non Residential Development Agreement

Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by either Party shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 10 contracts

Samples: Reciprocal Confidentiality Agreement, Independent Contractor Non Compete, Independent Contractor Non Compete

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