Common use of No Waiver Clause in Contracts

No Waiver. If either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.

Appears in 1258 contracts

Samples: Loan Agreement, Loan Agreement, Escrow Agreement

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No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement will in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovisions, nor shall will the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.

Appears in 51 contracts

Samples: Master Subscription Agreement, Dealer Manager Agreement (Modiv Inc.), Dealer Manager Agreement (Escalate Wealth REIT I)

No Waiver. If The failure by either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 45 contracts

Samples: Facilities Services Agreement, Facilities Services Agreement, Facilities Services Agreement

No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Conveyance shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.

Appears in 32 contracts

Samples: Term Overriding Royalty Interest (SandRidge Mississippian Trust II), Term Overriding Royalty Interest (SandRidge Mississippian Trust II), Perpetual Overriding Royalty Interest Conveyance (SandRidge Mississippian Trust II)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.

Appears in 17 contracts

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

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.

Appears in 12 contracts

Samples: Master Services Agreement, Master Agreement, Master Agreement

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 11 contracts

Samples: Exclusive License Agreement (Sunshine Biopharma, Inc), Management and Services Agreement (Oak Ridger LLC), Renewed Management Services Agreement (Hearst Argyle Television Inc)

No Waiver. If The failure by either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 9 contracts

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

No Waiver. If either party hereto The failure at any time fails either of the Company or Executive to require the performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right of such party to require such performance at any time thereafter, nor shall the waiver by either party the Company or Executive of a any breach or default under of any provision of this Agreement be construed taken or held to be constitute a waiver of any subsequent succeeding breach or default under that provision of such or any other provision of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Southern Trust Securities Holding Corp), Employment Agreement (Southern Trust Securities Holding Corp), Employment Agreement (Southern Trust Securities Holding Corp)

No Waiver. If either party hereto The failure at any time fails either of Company or Executive to require the performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right of such party to require such performance at any time thereafter, nor shall the waiver by either party Company or Executive of a any breach or default under of any provision of this Agreement be construed taken or held to be constitute a waiver of any subsequent succeeding breach or default under that provision of such or any other provision of this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (NV5 Holdings, Inc.), Employment Agreement (NV5 Holdings, Inc.), Employment Agreement (NV5 Holdings, Inc.)

No Waiver. If either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects affect the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement Agreement, be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.

Appears in 6 contracts

Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement

No Waiver. If either The failure of any party hereto at any time fails to require performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provisions, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Asure Software Inc), Asset Purchase Agreement (Asure Software Inc), Asset Purchase Agreement (Asure Software Inc)

No Waiver. If The failure of either party hereto at any time fails to execute a right or to require performance by the other party of any provision part of this Agreement, Agreement shall not affect the full right to exercise such failure in no way affects the right or to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under of any provision of this Agreement be construed to be constitute a waiver of any subsequent later breach or default under that provision of the same or any other provision of this Agreementprovision.

Appears in 5 contracts

Samples: Consultant Agreement, Independent Consultant Agreement (MedAmerica Properties Inc.), Independent Consultant Agreement (Prudential Financial Inc)

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement will in no way affects affect the right to require such performance at any time thereafter, nor shall will the waiver by of either party Party of a breach or default under of any provision of this Agreement be construed to be constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.

Appears in 5 contracts

Samples: Agreement (1397468 B.C. Ltd.), Lithium Offtake Agreement (1397468 B.C. Ltd.), Agreement (1397468 B.C. Ltd.)

No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure hereof will in no way affects affect the full right to require such performance at any time thereafter, nor shall will the waiver by either a party of a breach or default under of any provision of this Agreement be construed to be the provisions hereof constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.

Appears in 4 contracts

Samples: Professional Services Agreement, Reseller and Professional Services Agreement, Reseller and Professional Services Agreement

No Waiver. If either party hereto Failure of any Party at any time fails to require performance by the other Party of any provision of the provisions or requirements of this Agreement shall in no way affect the Parties’ rights hereunder to enforce any and all rights and obligations set forth in this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor shall the waiver any failure by either party of a Party to declare a default or breach or default under any provision of this Agreement by another Party be construed to be deemed a waiver of any subsequent default or breach or default under that provision or any other provision a waiver of this Agreementnon-waiver clause.

Appears in 4 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 4 contracts

Samples: Processing Services Agreement (Cardiva Medical, Inc.), Exclusive Processing, Lab and Consulting Agreement, Sterilization Processing Services Agreement (Griffith Micro Science International Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure hereof will not affect in no any way affects the right to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach or default under of any provision of this Agreement hereof will not be construed taken or held by the other party to be a waiver of any subsequent breach or default under that the provision or any other provision of this Agreementitself unless such a waiver is expressed in writing.

Appears in 4 contracts

Samples: Agreement, Autodesk Developer Network Program Agreement, Agreement

No Waiver. If The failure of either party hereto at any time fails to require strict performance by the other party of any provision of this AgreementAgreement will not be considered a waiver of any other provision, such failure in no way affects the right to require such nor prevent any party from enforcing that or any other performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.

Appears in 3 contracts

Samples: Exclusive Option Agreement (Zoned Properties, Inc.), Memorandum of Lease, www.loranda.com

No Waiver. If either party hereto Failure by a Party, at any time fails time, to require strict performance by the other Party of any provision of this Agreement, such failure Agreement will in no way affects the affect that Party's right to require enforce such performance provision at any other time nor will any waiver by a Party of any provision hereof at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement be construed held to be a waiver of any subsequent breach or default under that such provision or at any other provision time or of this Agreementany other provision.

Appears in 3 contracts

Samples: Fiber Supply Agreement (Southern Ventures Inc), Fiber Supply Agreement (Southern Ventures Inc), Fiber Supply Agreement (Southern Ventures Inc)

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party Party of a breach or default under any Breach of any provision of this Agreement shall not be construed to be as a waiver of any subsequent breach continuing or default succeeding Breach of such provision, a waiver of the provision itself, or a waiver of any right under that provision or any other provision of this Agreement.

Appears in 3 contracts

Samples: Software Development and License Agreement, Software Development and License Agreement, Software Development and License Agreement

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure in no way affects the hereof shall not affect its right to require such performance at any time thereafter, ; nor shall the waiver by either party of a breach or default under of any provision of this Agreement hereof be construed taken or held to be a waiver of any subsequent breach or default under that the provision itself. Any such waiver or any other provision amendment of this AgreementAGREEMENT must be in writing and signed by both parties to be effective.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Vista Medical Technologies Inc), Agreement (Vista Medical Technologies Inc), Patent and Technology License Agreement (Viking Systems Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 3 contracts

Samples: License Agreement (Yesdtc Holdings, Inc.), Aircraft Painting Services Agreement (Aviation Group Inc), Master Equipment Purchase Agreement (Id Systems Inc)

No Waiver. If either Failure of any party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of the party requiring performance to require such full performance at any time thereafter, nor shall the thereafter and a waiver by either any party of a breach or default under of any provision of this Agreement shall not be construed taken or held to be a waiver of any subsequent further or similar breach or default under that provision or any other provision as nullifying the effectiveness of this Agreementsuch provision.

Appears in 3 contracts

Samples: Transition Agreement (Northern Oil & Gas, Inc.), Consulting Agreement (Northern Oil & Gas, Inc.), Land Acquisition Consulting Agreement (Northern Oil & Gas, Inc.)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the right affect that party’s rights to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default of the same provision. An effective waiver under that provision or any other provision of this AgreementAgreement must be in writing signed by the party waiving its right.

Appears in 3 contracts

Samples: National Compensation System Consultant License Agreement, National Compensation System Consultant License Agreement, National Benefits Survey End User License Agreement

No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right thereafter to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision. SECTION 23.10.

Appears in 2 contracts

Samples: Maintenance Services Agreement (Hawker Pacific Aerospace), Maintenance Services Agreement (Hawker Pacific Aerospace)

No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure hereof shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the waiver by either a party of a breach or default under of any provision of this Agreement be construed to be the provisions hereof constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.

Appears in 2 contracts

Samples: Agreement for Professional Services, Agreement for Contractor Services

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right to require such performance at any time thereafter, thereafter nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent succeeding breach or default under that of such provision or any other as a waiver of the provision of this Agreementitself.

Appears in 2 contracts

Samples: Ceres, Inc., Ceres, Inc.

No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any obligation under this Agreement shall not affect the right of such party to require performance of that obligation. Any waiver by either party of any breach of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor Agreement shall the waiver by either party of a breach or default under any provision of this Agreement not be construed to be as a waiver of any subsequent continuing or succeeding breach of such prevision, a waiver or default modification of the provision itself or a waiver of modification of any right under that provision or any other provision of this Agreement.

Appears in 2 contracts

Samples: Information Provider Agreement (Pro Net Link Corp), Information Provider Agreement (Pro Net Link Corp)

No Waiver. If either party hereto The failure of a Party at any time fails to require performance by the other another Party of any provision of this Agreement, such failure Agreement will in no way affects affect the right to require such performance at any time thereafter, thereafter nor shall will the waiver by either party a Party of a breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent succeeding breach or default under that of such provision or any other as a waiver of the provision of this Agreementitself.

Appears in 2 contracts

Samples: agrilifeas.tamu.edu, www.tamut.edu

No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right thereafter to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 2 contracts

Samples: Modification Services Agreement (Federal Express Corp), Modification Services Agreement (Federal Express Corp)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any tight under that provision or any other provision of this Agreement.

Appears in 2 contracts

Samples: Management Services Agreement (Youthstream Media Networks Inc), Corporate Services Agreement (Spy Optic, Inc)

No Waiver. If either Failure of any party hereto at any time fails to this Agreement to require performance by the other another of any provision of this Agreement, such failure expressed herein shall in no way affects the affect that party’s right to require thereafter enforce such performance at any time thereafter, provision; nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement expressed herein be construed taken or held to be a waiver of any subsequent succeeding or other breach or default under that of such provision or as a waiver of the provision itself or of any other provision of this Agreementprovision.

Appears in 2 contracts

Samples: Preferred Membership Unit Purchase Agreement (FVA Ventures, Inc.), Preferred Membership Unit Purchase Agreement (FVA Ventures, Inc.)

No Waiver. If either party hereto The failure of any Party at any time fails time/s to require performance by the other Parties of any provision of this AgreementAgreement shall not affect, such failure in no way affects any way, the right of such Party to require such performance at of that or any time thereafterother provision, nor shall the and any waiver by either any party of a any breach or default under any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default under that provision or a waiver of any other provision of right under this Agreement.

Appears in 2 contracts

Samples: Investment Agreement (Grab Holdings LTD), Investment Agreement (Grab Holdings LTD)

No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any obligation under this Agreement shall not affect the right of such party to require performance of that obligation. Any waiver by either party of any breach of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor Agreement shall the waiver by either party of a breach or default under any provision of this Agreement not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver or default modification of the provision itself, or a waiver of modification of any right under that provision or any other provision of this Agreement.

Appears in 2 contracts

Samples: Information Provider Agreement (Pro Net Link Corp), Information Provider Agreement (Cityxpress Com Corp)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of either party thereafter to require such performance at any time thereafterenforce the same provision, nor shall the waiver by of either party of a any breach or default under of any provision of this Agreement herein be construed held or taken to be a waiver of any subsequent succeeding breach or default under that as a waiver of the provision or any other provision of this Agreementitself.

Appears in 2 contracts

Samples: Ap Express Agreement (Medialink Worldwide Inc), Ap Express Agreement (Medialink Worldwide Inc)

No Waiver. If To the maximum extent permitted by applicable law, the failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure hereof will not affect in no any way affects the right to require such performance at any time thereafter, nor shall will the waiver by either party of a breach or default under of any provision of this Agreement be construed to be as a waiver of any subsequent breach or default under that provision or future breach, nor will any other provision of this Agreementwaiver be deemed effective unless it is in a writing signed by the party charged therewith.

Appears in 2 contracts

Samples: Redemption Technology and Supply Agreement (Spectre Gaming Inc), Technology Agreement (Spectre Gaming Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either party of a any breach or default under any of provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 2 contracts

Samples: Research Collaboration and Licensing Agreement (Samaritan Pharmaceuticals Inc), Research Collaboration and Licensing Agreement (Samaritan Pharmaceuticals Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver or default the provision itself, or a waiver of any right under that provision or any other provision of this Agreement.

Appears in 2 contracts

Samples: www.epcounty.com, www.epcounty.com

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Contract will in no way affects affect the right to require such performance at any time thereafter, nor shall will the waiver by of either party of a breach or default under of any provision of this Agreement be construed to be Contract constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.

Appears in 2 contracts

Samples: Purchase Order Terms and Conditions, General Terms and Conditions

No Waiver. If The failure by either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects the affect its right to require such performance at any time thereafter, nor shall the waiver by either party of a breach and no term or default under any provision of this Agreement be construed is deemed waived, and no breach excused unless such waiver or consent is in writing and signed by the Party to be a waiver of any subsequent breach have so waived or default under that provision or any other provision of this Agreementconsented.

Appears in 2 contracts

Samples: Ape Roadside Assistance Roadside Services Membership Agreement, Ape Roadside Assistance Roadside Services Membership Agreement

No Waiver. If either The failure by one party hereto at any time fails to require performance by the other of any provision provision(s) of this Agreement, such failure in no way affects the Agreement shall not affect that party's right to require such performance at any time thereafter, nor shall the a waiver by either party of a any breach or default under any provision of this Agreement be construed to be constitute a waiver of any subsequent breach or default under that or waiver of the provision or any other provision of this Agreementitself.

Appears in 2 contracts

Samples: Letter of Agreement, Letter of Agreement

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that Party's right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 1 contract

Samples: Agreement (Willis Lease Finance Corp)

No Waiver. If either party hereto Failure of any Party at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of any party to require such full performance at any time thereafter, nor shall the ; a waiver by either party any Party of a breach or default under of any provision of this Agreement shall not be construed taken or held to be a waiver of any subsequent further or similar breach or default under that provision or any other provision as nullifying the effectiveness of this Agreementsuch provision.

Appears in 1 contract

Samples: Joint Development Agreement (Hansen Medical Inc)

No Waiver. If The failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the right to require such performance Agreement at any time thereafter, nor shall not affect its right at a later time to enforce the waiver by either party of a breach or default under any provision of this Agreement be construed to be a waiver of any subsequent breach or default under that provision same or any other provision of this Agreement. No waiver by a Party of any condition or breach shall be effective unless Notice is given of an express waiver, and no such waiver shall be deemed a further or continuing waiver of such waived condition or breach in other instances nor a waiver of any other condition or breach.

Appears in 1 contract

Samples: aamcvekpsdel.aahs.org

No Waiver. If either The failure of any party hereto at any time fails to require --------- performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Product Agreement (Copley Pharmaceutical Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.. 10.14

Appears in 1 contract

Samples: Com License Agreement (American Enterprise Corp)

No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be provisions hereof shall not constitute a waiver of any subsequent a similar breach in the future or default under that provision or of any other provision breach of this Agreementnullify the effectiveness of such provision.

Appears in 1 contract

Samples: Joint Ownership Agreement (NGAS Resources Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver at any further breach of any subsequent breach or default under that provision or any other provision of this Agreementthe same provision.

Appears in 1 contract

Samples: Outsourcing Agreement (Computer Generated Solutions Inc)

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party Party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Agreement (Meridian Insurance Group Inc)

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No Waiver. If The failure of either party hereto Party, at any time fails during the currency of this Agreement, to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the . The waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be does not constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision, nor shall it constitute a waiver of the provision of this Agreementitself.

Appears in 1 contract

Samples: Service Agreement

No Waiver. If The failure of either party hereto at any time fails Party to require performance by the other Party of any provision of under this Agreement, such failure in no way affects Agreement shall not affect the full right to require such performance at any time thereafter, ; nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement be construed taken or held to be a in waiver of any subsequent breach or default under that the provision or any other provision of this Agreementitself.

Appears in 1 contract

Samples: Intellectual Property License Agreement (Turbosonic Technologies Inc)

No Waiver. If The failure by either party hereto Party at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that Party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 1 contract

Samples: Master Technology License Agreement

No Waiver. If The failure by either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreementshall in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 1 contract

Samples: Memorandum of Agreement

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provisions of this Agreement shall in no way affect the right of such Party to require future performance of that provision. Any waiver by either Party of any breach of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor Agreement shall the waiver by either party of a breach or default under any provision of this Agreement not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: License Agreement (Cooper Companies Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the right affect that party’s rights to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 1 contract

Samples: Equipment Purchase, License and Services Agreement (Time America Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. A waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent 51 continuing or succeeding breach of such provision, a waiver of the provision itself or default waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Insteel Industries Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure in no way affects hereof shall not affect the full right to require such performance at any time thereafter, ; nor shall the waiver by either party of a breach of any provision hereof be taken or default under held to be a waiver of the provision itself. If any provision of this Agreement is found void and unenforceable, it will be construed replaced to be the extent possible with a waiver provision that comes closest to the meaning of any subsequent breach or default under that provision or any other provision of this Agreementthe original provision.

Appears in 1 contract

Samples: Professional Services Agreement

No Waiver. If The failure of either party hereto at any time fails to require --------- performance by the other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement be construed to be shall not constitute a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Agreement (Mediscience Technology Corp)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement. 21.

Appears in 1 contract

Samples: Agreement (Pt 1communications Inc)

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that Party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by of either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent other breach or default under that of the same provision or any other provision of this Agreementprovision. All waivers must be in writing.

Appears in 1 contract

Samples: Corporate Travel Agreement

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of either Party thereafter to require such performance at any time thereafterenforce the same provision, nor shall the waiver by of either party Party of a any breach or default under of any provision of this Agreement herein be construed held or taken to be a waiver of any subsequent succeeding breach or default under that as a waiver of the provision or any other provision of this Agreementitself.

Appears in 1 contract

Samples: Content License Agreement

No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right thereafter to require enforce such performance at any time thereafterprovisions, nor shall the waiver by of either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.

Appears in 1 contract

Samples: Engine Maintenance Services Agreement (Baltia Air Lines Inc)

No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.

Appears in 1 contract

Samples: Gas Purchase Contract (Eastern American Natural Gas Trust)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure provisions hereof shall in no way affects affect the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach or default under of any provision of this Agreement be construed to provisions hereof be a waiver of any subsequent succeeding breach or default under that provision of the same or any other such provisions or be a waiver of the provision of this Agreementitself.

Appears in 1 contract

Samples: Bpa Subcontract (Quadramed Corp)

No Waiver. If The failure of either party hereto at any time fails Party to require performance by the other Party of any provision of this Agreement, such failure in no way affects the hereof shall not affect its right to require such performance at any time thereafter, ; nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement hereof be construed taken or held to be a waiver of any subsequent breach or default under that the provision itself. Any such waiver or any other provision amendment of this AgreementAgreement must be in writing and signed by both Parties to be effective.

Appears in 1 contract

Samples: Intellectual Property License Agreement (Maui General Store Inc)

No Waiver. If either The failure of any party hereto at any time fails to require performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provisions, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.. Exhibit (10) (t)

Appears in 1 contract

Samples: Purchase Agreement (Frischs Restaurants Inc)

No Waiver. If either The failure of any party hereto at any time fails to require performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provisions, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement. 7.2.

Appears in 1 contract

Samples: Asset Purchase Agreement

No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be provisions hereof shall not constitute a waiver of any subsequent a similar breach in the future or default under that provision or of any other provision breach of this Agreement.nullify the effectiveness of such provision. 14.4

Appears in 1 contract

Samples: Joint Ownership Agreement

No Waiver. If The failure of either party hereto at any anytime. or from time fails to time, to require performance by of any obligation under this agreement shall in no manner affect the other right of either party to enforce any provision of this Agreement, such failure in no way affects the right to require such performance agreement at any a subsequent time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement and snail not be construed to be as a waiver of any subsequent breach or default under of that provision or any other provision of this Agreement.same provision,

Appears in 1 contract

Samples: Service Agreement Terms and Conditions

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that 8 9 provision. Any waiver by either party of a breach or default under any reach of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Licensing Agreement (Simione Central Holdings Inc)

No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party's right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.

Appears in 1 contract

Samples: Gas Purchase Contract (Energy Corp of America)

No Waiver. If either Failure of any party hereto at any time fails to this Escrow Agreement to require performance by the other another of any provision of this Agreement, such failure expressed herein shall in no way affects the affect that party's right to require thereafter enforce such performance at any time thereafter, provision; nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement expressed herein be construed taken or held to be a waiver of any subsequent succeeding or other breach or default under that of such provision or as a waiver of the provision itself or of any other provision of this Agreementprovision.

Appears in 1 contract

Samples: Escrow Agreement (Bella Petrellas Holdings, Inc.)

No Waiver. If either The failure of a party hereto to this Agreement at any time fails to require performance by the other another party of any provision of this Agreement, such failure Agreement will in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovisions, nor shall will the waiver by either a party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.

Appears in 1 contract

Samples: Fund Platform Agreement (IDR Core Property Index Fund LTD)

No Waiver. If The failure by either party hereto Party at any time fails to require performance by of the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party thereafter to require such performance at any time thereafterenforce the same provision, nor shall the waiver by either party Party of a any breach of nay provision hereof betaken or default under any provision of this Agreement be construed held to be a waiver of any subsequent succeeding breach of such provision, or default under that as waiver of the provision or any other provision of this Agreementitself.

Appears in 1 contract

Samples: Master Professional Services Agreement

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Co Branding Supply Agreement (Source Direct Holdings Inc)

No Waiver. If either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure shall in no way affects affect the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement Agreement, be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: www.pwc.state.oh.us

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall not affect in no any way affects the full right to require such the performance at any time thereafter, nor shall the subsequent time. The waiver by either party of a breach or default under of any provision of this Agreement shall not be construed taken or held to be a waiver of the provision itself. Any course of performance shall not be deemed to amend or limit any subsequent breach or default under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Business Associate Agreement

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other such provision nor constitute a waiver of this Agreementthe provision itself.

Appears in 1 contract

Samples: Share Purchase Agreement (Collagenex Pharmaceuticals Inc)

No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement will in no way affects the affect that party's right to require enforce such performance at any time thereafterprovisions, nor shall will the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.

Appears in 1 contract

Samples: Vertex Cloud Portal Agreement

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure the Contract will in no way affects affect the right to require such performance at any time thereafter, nor shall will the waiver by of either party Party of a breach or default under of any provision of this Agreement be construed to be the Contract constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.

Appears in 1 contract

Samples: Global General Terms And

No Waiver. If Failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure hereof shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under of any provision of this Agreement be construed to be the provisions hereof constitute a waiver of any subsequent succeeding breach of the same or default under that provision or of any other provision of this Agreementitself.

Appears in 1 contract

Samples: 56137244;8 Consulting Agreement (Amerant Bancorp Inc.)

No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party Party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach or default of such provision, a waiver of the provision itself of a waiver of any right under that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: License and Distribution Agreement (Axeda Systems Inc)

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