Common use of Failure to Assert Clause in Contracts

Failure to Assert. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies.

Appears in 4 contracts

Samples: Development Agreement Napa Pipe, Development Agreement Napa Pipe, Development Agreement Napa Pipe

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Failure to Assert. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any Default default shall not operate as a waiver of any Default default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, asset or enforce any such rights or remedies.,

Appears in 2 contracts

Samples: Development Agreement, Annexation Agreement

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Failure to Assert. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any Default default shall not operate as a waiver of any Default default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies.

Appears in 1 contract

Samples: Development Agreement

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