Common use of No Implied Waiver Clause in Contracts

No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 86 contracts

Samples: American Beacon Funds (American Beacon Funds), American Beacon Funds (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds)

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No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 60 contracts

Samples: Disclosure Agreement, Mutual Non Disclosure Agreement, Confidentiality Statement

No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 13 contracts

Samples: Change of Control Agreement (Grubb & Ellis Co), Change of Control Agreement (Grubb & Ellis Co), Non Disclosure Agreement

No Implied Waiver. Either Except as expressly provided herein, any party’s 's failure to insist in any one or more instances upon strict performance by the any other party of any of the terms of this Agreement Contract shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 4 contracts

Samples: Definitive Transaction Framework Agreement (General Motors Co), Definitive Transaction Framework Agreement (General Motors Co), Definitive Transaction Framework Agreement (General Motors Co)

No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.. Signatures

Appears in 3 contracts

Samples: Non Disclosure Agreement, Non Disclosure Agreement, Non Disclosure Agreement

No Implied Waiver. Either partyParty’s failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 2 contracts

Samples: Non Disclosure Agreement, Non Disclosure

No Implied Waiver. Either party’s The failure of any party to insist insist, in any one or more instances instances, upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 2 contracts

Samples: Independent Contractor Agreement, Confidentiality and Nondisclosure Agreement

No Implied Waiver. Either Except as expressly set forth herein, any party’s 's failure to insist in any one or more instances upon strict performance by the any other party of any of the terms of this Agreement shall Contract will not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 2 contracts

Samples: BOISE CASCADE Co, BOISE CASCADE Co

No Implied Waiver. Either Any party’s failure to insist in any one or more instances upon strict performance by the other party of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 2 contracts

Samples: American Beacon Funds (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds)

No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof. The waiver by either party hereto of any breach of the terms and conditions hereof will not be considered a modification of any provision, nor shall such a waiver act to bar the enforcement of any subsequent breach.

Appears in 1 contract

Samples: Confidentiality and Non Compete Agreement

No Implied Waiver. Either party’s Party's failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Nondisclosure Agreement

No Implied Waiver. Either partyParty’s failure to insist in any one or more instances upon strict performance by the other party Party or any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereofthereof.

Appears in 1 contract

Samples: Services Agreement (NuGene International, Inc.)

No Implied Waiver. Either party’s Any Party's failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Confidentiality, Non Disclosure and Non Circumvention Agreement

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No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement Confidentiality Statement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: www.protracker.com

No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Confidentiality Agreement

No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Confidentiality Agreement

No Implied Waiver. If to Recipient: Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Confidentiality Agreement

No Implied Waiver. Either party’s Party's failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Confidentiality and Non Disclosure Agreement

No Implied Waiver. Either A party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Confidentiality Agreement

No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: American Beacon Funds (American Beacon Funds)

No Implied Waiver. Either partyParty’s failure to insist insist, in any one or more instances upon instances, on strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Appears in 1 contract

Samples: Consignment Agreement

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