Common use of Waiver Clause in Contracts

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 1625 contracts

Samples: Employment Agreement (Bluebird Bio, Inc.), Termination of Employment (Veradigm Inc.), Employment Agreement (Korro Bio, Inc.)

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Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 545 contracts

Samples: Employment Agreement (Qt Imaging Holdings, Inc.), Form of Executive Retention Agreement (Supernus Pharmaceuticals, Inc.), Employment Agreement (STRATA Skin Sciences, Inc.)

Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in writing and a written document signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementParty charged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachfuture breach or failure to perform or of any other right arising under this Agreement.

Appears in 75 contracts

Samples: Termination and Assignment Agreement, Licence and Supply Agreement, License Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 60 contracts

Samples: Employment Agreement (Roth CH Acquisition v Co.), Employment Agreement (Roth CH Acquisition v Co.), Employment Agreement (Janover Inc.)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 58 contracts

Samples: Separation Agreement (Cure Pharmaceutical Holding Corp.), Separation Agreement (Dicerna Pharmaceuticals Inc), Transition Agreement (Dicerna Pharmaceuticals Inc)

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Appears in 51 contracts

Samples: Voting Agreement (Insightful Corp), Nova Voting Agreement (Scansoft Inc), Voting Agreement (Insightful Corp)

Waiver. No waiver of any provision hereof of this Agreement or of the rights and obligations of the parties shall be effective unless made in writing and signed by the party waiving partycompliance. The failure of any party to require Any such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Appears in 43 contracts

Samples: Spirent Professional Services Agreement, Spirent Professional Services Agreement, Spirent Professional Services Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any a party to require the performance of any term or obligation of this Agreement, or the waiver by any a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 35 contracts

Samples: Employment Agreement (Assembly Biosciences, Inc.), Retirement Agreement (Macerich Co), Personal and Confidential (Monte Rosa Therapeutics, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 28 contracts

Samples: Non Competition Agreement (Mac-Gray Corp), Employment Agreement (Old Dominion Electric Cooperative), Employment and Noncompetition Agreement (Asi Solutions Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any right or obligation under or breach of this Agreement, shall not prevent any subsequent enforcement of such term term, right or obligation or be deemed a waiver of any prior or subsequent breachbreach of the same obligation.

Appears in 26 contracts

Samples: Employment Agreement (First Foundation Inc.), Employment Agreement (First Foundation Inc.), Change in Control Severance Compensation Agreement (First Foundation Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 25 contracts

Samples: Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.), Change in Control Agreement (Eastern Bankshares, Inc.)

Waiver. No waiver of any such provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 21 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement (Paycom Software, Inc.), Executive Employment Agreement (Paycom Software, Inc.)

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.

Appears in 17 contracts

Samples: Appgate Master Agreement, Appgate Master Agreement, Appgate Master Agreement

Waiver. No waiver of any provision hereof shall will be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 16 contracts

Samples: Executive Agreement (Guidewire Software, Inc.), Employment Agreement (Butterfly Network, Inc.), Employment Agreement (Butterfly Network, Inc.)

Waiver. No waiver of any provision hereof shall may be effective deemed to have been made unless made expressly in writing and signed by the waiving partyParty. The failure waiver by either Party of a breach or violation of any party to require the performance of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach of the same or other provision hereof. No failure by either Party to insist upon the strict performance of any provision of this Agreement may be construed as depriving that Party of the right to insist on strict performance of that provision or of any other provision in the future.

Appears in 15 contracts

Samples: Practice Agreement, Practice Agreement, Practice Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term terms or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term terms or obligation or be deemed a waiver of any subsequent breach.

Appears in 15 contracts

Samples: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)

Waiver. No waiver of any provision hereof shall of Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreementherein, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 14 contracts

Samples: Research and Innovation, Research Infrastructure Commons Routine Services Agreement, Routine Services Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparry. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 14 contracts

Samples: Employment Agreement (AuraSound, Inc.), Employment Agreement (Universal Guardian Holdings Inc), Employment Agreement (Awesome Living, Inc.)

Waiver. No Neither modification of this Agreement nor any waiver of any provision term or condition hereof shall be effective unless made it is in writing and signed by the waiving partyparties hereto. The failure of any If either party fails to require meet the performance requirements of any term or obligation of this Agreement, Agreement or the waiver by any party of waives any breach of this Agreementhereunder, shall not that failure or waiver will neither prevent any a subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.

Appears in 14 contracts

Samples: Modification Agreement, Patent License Agreement (Kelvin Medical, Inc.), Agreement (Endeavor Power Corp)

Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 13 contracts

Samples: Employment Agreement (Point Therapeutics Inc), Employment Agreement (Point Therapeutics Inc), Executive Employment Agreement (Hob Entertainment Inc /De/)

Waiver. No Except as otherwise expressly provided in this Agreement, no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 13 contracts

Samples: Director Agreement (Smart Energy Solutions, Inc.), Director Agreement (Smart Energy Solutions, Inc.), Director Agreement (Smart Energy Solutions, Inc.)

Waiver. No waiver of any provision hereof shall right will be effective unless made given in writing and signed by the party waiving partyits rights. The failure of any party Failure to require the performance of enforce any term or obligation provision of this Agreement, exercise any option, or the require any performance, shall in no way be construed to be a waiver by any party of any breach such provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 12 contracts

Samples: Td Online Accounting Agreement, Autobooks Terms of Use and End User License Agreement, Autobooks Terms of Use and End User License Agreement

Waiver. No waiver or release of any obligation under or provision hereof of this Agreement shall be valid or effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require insist on the performance of any term obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, any provision hereof shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.

Appears in 11 contracts

Samples: Research Collaboration and License Agreement (Avidity Biosciences, Inc.), Option and License Agreement (Inhibrx, Inc.), Option and License Agreement (Inhibrx, Inc.)

Waiver. No waiver of any provision hereof shall be of this Agreement is effective unless made in writing and signed by the waiving party, and, in the case of the Company only after the waiver has been specifically approved by the Board. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 11 contracts

Samples: Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp)

Waiver. No waiver of any provision hereof of this Agreement or of any rights or obligations of either party hereunder shall be effective unless made in writing and signed by the party waiving party. The failure of compliance, and any party to require such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Appears in 10 contracts

Samples: Product and Services Agreement (Enova Systems Inc), Product and Services Agreement (Enova Systems Inc), Product and Services Agreement (Enova Systems Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 18.

Appears in 10 contracts

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

Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either party hereunder shall be effective unless made in writing and pursuant to a written instrument signed by the waiving party. The failure of any party to require or parties making such a waiver, and such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachspecific purpose stated therein.

Appears in 8 contracts

Samples: Non Solicitation Agreement, Employment Agreement (Ev3 Inc.), Ev3 Inc.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party to require the performance of any term or obligation of this Agreement, or the A waiver by any party a Party of any a breach of or failure to perform this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachbreach or failure.

Appears in 8 contracts

Samples: Participating Provider Agreement, Participating Provider Agreement, Participating Provider Agreement

Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either Party hereunder shall be effective, except pursuant to a written instrument signed by the Party waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Appears in 8 contracts

Samples: Email Marketing Agreement, Marketing Agreement, Marketing Agreement

Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Appears in 8 contracts

Samples: Development, Publishing and Distribution Agreement (Radview Software LTD), License and Distribution Agreement (Radview Software LTD), License, Distribution and Option Agreement (Ixia)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparty or parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 7 contracts

Samples: Employment Agreement (Value America Inc /Va), Employment Agreement (Value America Inc /Va), Employment Agreement (Value America Inc /Va)

Waiver. No waiver of any provision provisions hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Samples: Employment Agreement (Dover Saddlery Inc), Employment Agreement (Dover Saddlery Inc), Employment Agreement (Dover Saddlery Inc)

Waiver. No waiver by either party of any provision of the requirements hereof or of any of its rights hereunder shall be effective unless made given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by either party in enforcing the waiving party. The failure of any party to require the performance of any term or obligation provisions of this Agreement, Agreement shall prejudice or restrict the rights of that party nor shall any waiver by any that party of any breach of this Agreement, shall not prevent the requirements hereof or any subsequent enforcement of such term or obligation or be deemed a waiver its rights hereunder release the other from full performance of any subsequent breachits remaining obligations stated herein.

Appears in 6 contracts

Samples: Conversion Agreement (Canargo Energy Corp), Conversion Agreement (Canargo Energy Corp), Amended And (Canargo Energy Corp)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Escrow Agreement, or the waiver by any party of any breach of this Escrow Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Samples: Escrow Agreement (Locateplus Holdings Corp), Asset Purchase Agreement, Asset Purchase Agreement (American Real Estate Partners L P)

Waiver. No waiver of any provision hereof shall of this Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Samples: Services Agreement (Nano Nuclear Energy Inc.), Services Agreement (Nano Nuclear Energy Inc.), Services Agreement (Nano Nuclear Energy Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Samples: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)

Waiver. No waiver of any provision hereof term or right in this Release and Waiver of Liability agreement shall be effective unless made in writing and writing, signed by an authorized representative of the waiving party. The failure of any party to require the performance of enforce any term or obligation provision of this Agreementagreement shall not be construed as a waiver or modification of such provision, or the waiver by impairment of its right to enforce such provision or any party of any breach other provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachagreement thereafter.

Appears in 6 contracts

Samples: Tour Operator Booking Agreement, And Agreement, Liability Agreement

Waiver. No Except as otherwise provided in Section 7(c), no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 5 contracts

Samples: Employment Agreement (CRISPR Therapeutics AG), Employment Agreement (CRISPR Therapeutics AG), Employment Agreement (CRISPR Therapeutics AG)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party hereto to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of or non-performance under this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or non-performance.

Appears in 5 contracts

Samples: Sale Bonus Agreement (Independence Holding Co), Sale Bonus Agreement, Sale Bonus Agreement (Independence Holding Co)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 15.

Appears in 5 contracts

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

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. [Signatures Appear on the Next Page]

Appears in 5 contracts

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

Waiver. No waiver of any provision hereof of this Agreement or any right or obligation of a Party shall be effective unless made in writing and signed by the waiving partyParties. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, enforce a right shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachwaiver.

Appears in 5 contracts

Samples: Manufacturing and Supply Agreement, Supply Agreement (Aimmune Therapeutics, Inc.), Supply Agreement (Aimmune Therapeutics, Inc.)

Waiver. No waiver by a Party hereto of any provision hereof breach or default of any of the covenants or agreements herein set forth shall be effective unless made set forth in a writing and signed by the waiving party. The failure of any party to require the performance of any term Party or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of as to any subsequent breachand/or similar breach or default.

Appears in 5 contracts

Samples: This Agreement (Avant Immunotherapeutics Inc), License Agreement (Predix Pharmaceuticals Holdings Inc), License Agreement (EPIX Pharmaceuticals, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyExecutive and such officer as may be specifically designated by the Board. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 5 contracts

Samples: Control Agreement (Washington Trust Bancorp Inc), Severance Agreement (Washington Trust Bancorp Inc), Change in Control Agreement (Washington Trust Bancorp Inc)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 5 contracts

Samples: Resignation and Release Agreement (DCT Industrial Operating Partnership LP), Resignation and Release Agreement (DCT Industrial Trust Inc.), Resignation and Release Agreement (Amarin Corp Plc\uk)

Waiver. No waiver of any term or provision hereof shall be effective unless made in writing and signed by the party waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachprovision.

Appears in 5 contracts

Samples: Stock Agreement (Harbor Global Co LTD), Unit Agreement (Harbor Global Co LTD), Stock Agreement (Harbor Global Co LTD)

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Callon Petroleum Co), Voting Agreement (Jagged Peak, Inc.), Voting Agreement (Maxtor Corp)

Waiver. No waiver of any provision hereof shall will be effective unless made documented in a writing and signed by an authorized representative of the waiving partyparty against which enforcement of the waiver is sought. The failure of any either party to require the insist upon strict performance of any term of the terms or obligation provisions of this the Agreement, or the waiver by any party exercise of any breach of this Agreementoption, right or remedy contained herein, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfuture application of such term, provision, option, right or remedy, and such term, provision, option, right or remedy shall continue and remain in full force and effect.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Waiver. No The waiver by either Party of any provision hereof default, breach, or obligation hereunder shall be effective ineffective unless made in writing writing, and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachbreach or default. No failure to exercise any right or power under this Agreement or to insist on strict compliance shall constitute a waiver of the right in the future.

Appears in 4 contracts

Samples: Services Agreement, Services Agreement (FVA Ventures, Inc.), Unity Platform Software and Hosting (FVA Ventures, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 17.

Appears in 4 contracts

Samples: Employment Agreement (COMPASS Pathways PLC), Employment Agreement (Borderfree, Inc.), Employment Agreement (Borderfree, Inc.)

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the party waiving partysuch condition or breach. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement. Any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 4 contracts

Samples: Exar Voting Agreement (Exar Corp), Exar Voting Agreement (Sipex Corp), Form of Sipex Voting Agreement (Exar Corp)

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the Party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.

Appears in 4 contracts

Samples: Master Reseller Agreement, Master Reseller Agreement, Master Reseller Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 4 contracts

Samples: Agreement Regarding Confidential (Dynatronics Corp), Dynatronics Corp, Dynatronics Corp

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreementletter agreement, or the waiver by any party of any breach of this Agreementletter agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 4 contracts

Samples: Monarch Dental Corp, Monarch Dental Corp, Monarch Dental Corp

Waiver. The failure of either Party to exercise any right conveyed hereunder shall not act as a waiver of that right. No waiver of any provision hereof shall be effective unless made in writing and signed by an authorized officer of the waiving partyParty charged with the waiver. The failure No waiver or breach of any party to require the performance of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed construed to be a waiver of any subsequent breachbreach of the same or any other provision.

Appears in 4 contracts

Samples: Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc), Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc), Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ​

Appears in 3 contracts

Samples: Employment Agreement (HOOKIPA Pharma Inc.), Employment Agreement (Aytu Biopharma, Inc), Employment Agreement (Blueprint Medicines Corp)

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Appears in 3 contracts

Samples: Software Evaluation Agreement, Software Evaluation Agreement, Software Evaluation Agreement

Waiver. No waiver of any provision hereof shall be effective unless ------- made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Change in Control Protection Agreement (Cooperative Bankshares Inc), Change in Control Protection Agreement (Cooperative Bankshares Inc), Change in Control Protection Agreement (Cooperative Bankshares Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ​

Appears in 3 contracts

Samples: Employment Agreement (MariaDB PLC), Employment Agreement (Rezolute, Inc.), Executive Employment Agreement (NRX Pharmaceuticals, Inc.)

Waiver. No waiver of a breach of any provision hereof shall be of this Agreement is effective unless made approved in writing and signed by the waiving party. The failure If a party at any time fails to demand strict performance by the other of any party to require of the performance of any term terms, covenants or obligation of conditions set forth in this Agreement, or the that waiver by any party of any breach of this Agreement, shall does not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any prior, concurrent, or subsequent breachbreach of the same or any other provision of this Agreement.

Appears in 3 contracts

Samples: License Agreement, License Agreement, Corporate Sponsorship Agreement (Torvec Inc)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Bloom Growth Revenue Sharing Agreement, Grant Agreement, Grant Agreement

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Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party part to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)

Waiver. No waiver of any provision hereof of this Agreement or of any rights or obligations of either party hereunder shall be effective unless made in writing and signed by the party waiving partycompliance. The failure Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing; no such waiver shall affect or impair the right of any the waiving party to require the observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachcondition.

Appears in 3 contracts

Samples: Master Distributor Agreement (Poly Shield Technologies Inc.), Master Distributor Agreement (Poly Shield Technologies Inc.), Collaboration Agreement (Transact Energy Corp)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 23.

Appears in 3 contracts

Samples: Employment Agreement (Babylon Holdings LTD), Employment Agreement (Babylon Holdings LTD), Employment Agreement (Babylon Holdings LTD)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 16.

Appears in 3 contracts

Samples: Employment Agreement (SpringWorks Therapeutics, Inc.), Employment Agreement (Carbon Black, Inc.), Employment Agreement (Carbon Black, Inc.)

Waiver. No The waiver by either party of a breach of any provision hereof contained herein shall not be effective unless made in writing and signed by on behalf of the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or against whom the waiver by any party of any breach of this Agreement, is asserted. Any waiver shall not prevent any subsequent enforcement of such term or obligation or in no way be deemed construed as a waiver of any subsequent breachsucceeding breach of such provision or the waiver of the provision itself.

Appears in 3 contracts

Samples: Easement Agreement, Easement Agreement, Contractor Services Agreement (Triad Park LLC)

Waiver. No waiver Waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Fitch Severence Agreement, Gables Residential Trust (Gables Residential Trust), Gables Residential Trust (Gables Residential Trust)

Waiver. a. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement

Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: Software as a Service Agreement, Service Agreement, Master Subscription Agreement – Contractor

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any a party hereto of any breach of or default under any of the provisions of this Agreement, Agreement shall not prevent be effective unless in writing and the failure of a party to enforce any subsequent enforcement of such term the provisions of this Agreement or obligation or to exercise any right there under shall not be deemed construed as a waiver of any subsequent breachsuch right.

Appears in 3 contracts

Samples: Master Purchase Agreement, www.qiagen.com, www.qiagen.com

Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Employment Agreement (International Wireless Inc), Employment Agreement (International Wireless Inc), Non Competition Agreement (Nxtrend Technology Inc)

Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and signed by the waiving partyParty. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: License Acquisition Agreement (Buying.com LLC), Advisor Agreement (Buying.com LLC), Terms of Service

Waiver. No waiver by any party of any provision of the provisions hereof shall be effective unless made explicitly set forth in writing and signed by the waiving partyparty so waiving. The failure of any party to require the performance of any term or obligation of this Agreement, or the No waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfailure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Appears in 3 contracts

Samples: Services Agreement, swingeducation.com, swingeducation.com

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Levin Employment Agreement (BKF Capital Group Inc), Employment Agreement (BKF Capital Group Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Transition Agreement, or the waiver by any party of any breach of this Transition Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Transition Agreement, Transition Agreement (Ansys Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Stock Transfer and Option Agreement (Emcare Holdings Inc), Stock Transfer and Option Agreement (Emcare Holdings Inc)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in a writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Employment Agreement (Merchants Bancshares Inc), Employment Agreement (Merchants Bancshares Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this AgreementRelease, or the waiver by any party either Party of any breach of this AgreementRelease, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Separation & Release Agreement (Forestar Group Inc.), Control/Severance Agreement (Forestar Group Inc.)

Waiver. No waiver of any provision hereof right or obligation of either Party hereto shall be effective unless made in writing and signed writing, specifying such waiver, executed by the waiving partyParty against whom such waiver is sought to be enforced. The failure A waiver by either Party of any party of its rights under this Agreement on any occasion shall not be a bar to require the performance exercise of the same right on any subsequent occasion or of any term or obligation of this Agreement, or the waiver by other right at any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachtime.

Appears in 2 contracts

Samples: Solid Waste Franchise Agreement, Solid Waste Franchise Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party xxxxx of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Employment Agreement (Pasithea Therapeutics Corp.), Employment Agreement (180 Life Sciences Corp.)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Farmer Brothers Co, Farmer Brothers Co

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementPlan, or the waiver by any party of any breach of this AgreementPlan, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Employment Agreement (Repligen Corp), Executive Severance Plan (Insulet Corp)

Waiver. No waiver or release of any obligation under or provision hereof of this Agreement shall be valid or effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require insist on the performance of any term obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, any provision hereof shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.

Appears in 2 contracts

Samples: Exclusive Product License Agreement (Coherus BioSciences, Inc.), Exclusive Product License Agreement (Surface Oncology, Inc.)

Waiver. No waiver of any provision hereof term or condition of the Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent against whom enforcement of such term or obligation or waiver is sought, and no written waiver shall be deemed or construed to be a waiver of any future or subsequent breachbreach of the term or condition so waived. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Pennymac Financial Services, Inc.), Mortgage Loan Purchase Agreement (PennyMac Mortgage Investment Trust)

Waiver. No waiver of any provision hereof provisions of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent or serve as a defense to any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Executive Retention (Eastern Bankshares, Inc.), Executive Severance Benefits Agreement (Eastern Bankshares, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 14.

Appears in 2 contracts

Samples: Employment Agreement (Crown Electrokinetics Corp.), Severance and Change in Control Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ACTIVE/91802714.1

Appears in 2 contracts

Samples: Change in Control Agreement (Alnylam Pharmaceuticals, Inc.), Change in Control Agreement (Alnylam Pharmaceuticals, Inc.)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The waiver of any breach of this Agreement by either party or the failure of any either party to require the performance of any term or obligation of this Agreement, in whole or the waiver by in part, in any party of any breach of this Agreement, one instance shall not constitute a waiver of or prevent any subsequent enforcement of such term or obligation in another instance or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Release Agreement (Stanhome Inc), Release Agreement (Enesco Group Inc)

Waiver. No waiver by an party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Appears in 2 contracts

Samples: Voting Agreement (North American Scientific Inc), Voting Agreement (Friede John A)

Waiver. No waiver or modification of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Employment Agreement (Stocker & Yale Inc), Employment Agreement (Stocker & Yale Inc)

Waiver. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or of any breach of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Five Prime Therapeutics Inc), Collaboration and License Agreement (Five Prime Therapeutics Inc)

Waiver. No waiver of any provision hereof shall may be effective deemed to have been made unless made expressly in writing and signed by the waiving partyParty. The failure waiving by either Party of a breach or violation of any party to require the performance of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or violation of the same or other provision hereof. No failure by either Party to insist upon the strict performance of any provision of this Agreement may be construed as depriving that Party of the right to insist on strict performance of that provision or of any other provision in the future.

Appears in 2 contracts

Samples: Network Participant Memorandum Agreement, Services Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The waiver of any breach of this Agreement by either party or the failure of any either party to require the performance of any term or obligation of this Agreement, in whole or the waiver by in part, in any party of any breach of this Agreementone instance, shall not constitute a waiver of or prevent any subsequent enforcement of such term or obligation in another instance or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Release Agreement (Enesco Group Inc), Release Agreement (Enesco Group Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.the

Appears in 2 contracts

Samples: Secret and Non Competition Agreement (Optimark Technologies Inc), Employment Trade Secret and Non Competition Agreement (Optimark Technologies Inc)

Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Executive Employment Agreement (Einstein Noah Bagel Corp), Employment Agreement (Einstein Noah Bagel Corp)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed assigned by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Employment Agreement (Littelfuse Inc /De), Employment Agreement (Littelfuse Inc /De)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed failure or omission by the waiving party. The failure of any either party to require insist upon or enforce any of the performance of any term or obligation terms of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of such terms. Any waiver must be in writing, signed by an authorized representative of the party to be charged, in order to be effective. No waiver will be effective against any subsequent further breach.

Appears in 2 contracts

Samples: Aralast Promotion Agreement (Intermune Inc), Aralast Promotion Agreement (Intermune Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of or any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Agreement (United Bankshares Inc/Wv), Agreement (United Bankshares Inc/Wv)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 12.

Appears in 2 contracts

Samples: Employment Agreement This Agreement (Logica PLC / Eng), Employment Agreement This Agreement (Carnegie Group Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this ​ ​ Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Employment Agreement (InnovAge Holding Corp.), Employment Agreement (InnovAge Holding Corp.)

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