Common use of CONSENT OR WAIVER Clause in Contracts

CONSENT OR WAIVER. No consent or waiver, express or implied, by either party to this Agreement to, of or for any breach or default by the other party in performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or for any other breach or default in performance by such other party of the same or any other obligation of such party hereunder. Failure on the part of either party to complain of any act or failure of the other party to this Agreement or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.

Appears in 2 contracts

Samples: Management Agreement (Westfield America Inc), Management Agreement (Grand Canal Shops Mall Construction LLC)

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CONSENT OR WAIVER. SECTION 14.1 No consent or waiver, express or implied, by either party to this Agreement to, of or for any breach or default by the other party in performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or for any other breach or default in performance by such other party of the same or any other obligation of such party hereunder. Failure on the part of either party to complain of any act or failure of the other party to this Agreement or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.

Appears in 2 contracts

Samples: Management Agreement (Westfield America Inc), Management Agreement (Westfield America Inc)

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