Implied Waiver Clause Samples

Implied Waiver. No waiver by either party hereto of any breach by the other party hereto, or failure to comply with any condition or provision of the Agreement required to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or actions at the same or at any prior or subsequent time.

Implied Waiver. The fact that a Party does not insist on the full performance of an undertaking contained in the present Agreement or does not always exercise a right that it is given will not be considered a waiver of execution of a covenant or right. Any waiver by a Party to the rights under this Agreement will only be deemed valid if it is made in writing and is signed, and such waiver shall only be valid in respect to that particular right and to those particular circumstances expressly provided by this waiver.

Implied Waiver. The failure of either party hereto to insist, in any one or more instances, upon performance of any the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition by the other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect.

Implied Waiver. The waiver by a Party of a breach or default by the other of any provision of this Customer Agreement, or the failure on the part of either Party to exercise any right or privilege, shall not be construed as a waiver of any subsequent breach or default by the other Party, or as a waiver of any such provision, right, or privilege.

Implied Waiver. Failure of GILEAD to inspect or to perform agreed quality control procedures, and to notify in writing APO in the relevant time periods specified in Sections 8.2.1, 8.2.2 and 8.2.3 above of any Detectable Defect, or to notify in writing APO within the pertaining time period specified in Section 8.2.3 above of any Non-Detectable Defect after its discovery, shall constitute a waiver of any rights relating to such Defects, unless otherwise agreed in writing.

Implied Waiver. (a) No act or thing done by Landlord or its agents during the Term shall constitute an acceptance of an attempted surrender of the premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. No re-entry or taking possession of the Premises by Landlord pursuant to Section 20.2(a)(ii) or otherwise shall constitute an election by Landlord to terminate this Lease, unless a written Notice of such intention is given to Tenant. No waiver by Landlord of any breach of this Lease shall constitute a waiver of any other violation or breach of any of the terms hereof. (b) No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing and signed by such party. The rights granted to Landlord and Tenant in this Lease shall be cumulative of every other right or remedy which Landlord or Tenant may otherwise have at law or in equity or by statute, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise of other rights or remedies.

Implied Waiver. Except as expressly provided herein, nothing contained herein shall constitute a waiver of, impair or otherwise affect any Obligations, any other obligations of the Borrower or the Guarantor or any right of the Agent or the Banks consequent thereon.

Implied Waiver. 52 Section 20.04 Injunctive Relief..............................52

Implied Waiver. The failure of either party at any time to require performance by a party hereto of any provision of this Agreement shall in no way affect the right to require full performance at any time thereafter. Nor shall the waiver by a party of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or a waiver of the provision itself.