Common use of Effect of Delay and Waivers Clause in Contracts

Effect of Delay and Waivers. No delay or omission to exercise any right or power accruing prior to or upon any breach, omission, or failure of performance hereunder shall impair any such right or power, or shall be construed to be a waiver thereof, and any such right or power may be exercised from time to time and as often as may be deemed expedient. In the event of any breach of any provision contained in this Agreement, thereafter waived by another Party, such waiver shall be limited to the particular waiving Party and to the particular breach in question and no other. No waiver or release of any term or provision of this Agreement shall be established by conduct, custom, or course of dealing, but solely by a document in writing duly authorized and executed by the waiving or releasing Party.

Appears in 4 contracts

Samples: Asset Purchase Agreement (CNL Healthcare Properties II, Inc.), Asset Purchase Agreement (CNL Healthcare Trust, Inc.), Stock Purchase Agreement (CNL Income Properties Inc)

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Effect of Delay and Waivers. No delay or omission to exercise any right or power accruing prior to or upon any breach, omission, or failure of performance hereunder shall impair any such right or power, or shall be construed to be a waiver thereof, and any such right or power may be exercised from time to time and as often as may be deemed expedient. In the event of any breach of any provision contained in this Agreement, thereafter waived by another Partyparty, such waiver shall be limited to the particular waiving Party party and to the particular breach in question and no other. No waiver or release of any term or provision of this Agreement shall be established by conduct, custom, or course of dealing, but solely by a document in writing duly authorized and executed by the waiving or releasing Partyparty.

Appears in 2 contracts

Samples: Venture Formation and Contribution Agreement (CNL Income Properties Inc), Venture Formation and Contribution Agreement (Great Wolf Resorts, Inc.)

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Effect of Delay and Waivers. No delay or omission to exercise any right or power accruing prior to or upon any breach, omission, or failure of performance hereunder shall impair any such right or power, or shall be construed to be a waiver thereof, and any such right or power may be exercised from time to time and as often as may be deemed expedient. In the event of any breach of any provision contained in this Agreementthe Settlement Agreement and/or any ancillary agreements otherwise referred to herein, by a party hereto, thereafter waived by another Partyparty, such waiver shall be limited to the particular waiving Party party and to the particular breach in question and no other. No waiver or release of any term or provision of this the Settlement Agreement shall be established by conduct, custom, or course of dealing, but solely by a document in writing duly authorized and executed by the waiving or releasing Partyparty.

Appears in 1 contract

Samples: Settlement Agreement (Evergreen Security, Ltd.)

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