Common use of No Implied Waiver Clause in Contracts

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 12 contracts

Samples: Services Agreement (Telenav, Inc.), Services Agreement (Telenav, Inc.), Services Agreement (Telenav, Inc.)

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No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall will in no way affect the right to require such performance at any time thereafter, nor shall will the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 9 contracts

Samples: Kryptonite, dvwi9lnoau63q.cloudfront.net, www.allegion.com

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement order shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement order constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 7 contracts

Samples: Gilead Sciences, www.ctm-corp.com, Purchase and Supply Agreement (Micropoint Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 6 contracts

Samples: Research Agreement, Wayne State University, Research Agreement

No Implied Waiver. The failure of either party Party at any time to require performance by the other party Party of any provision of this Agreement shall in no way affect the full right to require such performance at any time thereafter, nor shall the later time. The waiver of by either party Party of a breach of any provision of this Agreement shall not constitute a waiver of any succeeding breach the provision itself. The failure of the same or any other provisioneither Party to exercise its rights provided under this Agreement shall not constitute a waiver of such right.

Appears in 5 contracts

Samples: Supply Agreement (Smith Electric Vehicles Corp.), Supply Agreement (Smith Electric Vehicles Corp.), Development, Supply, and License Agreement (Smith Electric Vehicles Corp.)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any by provision of this Agreement order shall in no way affect the right to require such performance at any time thereafter, [ ] nor shall the waiver of either party of a breach of any provision of this Agreement order constitute a waiver of any succeeding proceeding breach of the same or any other provision.

Appears in 4 contracts

Samples: Component Supply Agreement (Delco Remy International Inc), Component Supply Agreement (Delco Remy International Inc), Component Supply Agreement (Delco Remy International Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement the Contract shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement the Contract constitute a waiver of or any succeeding breach of the same or any other provision.

Appears in 3 contracts

Samples: www.raufosstechnology.com, www.raufosstechnology.com, www.raufosstechnology.com

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 3 contracts

Samples: Flash Photographic Festival Agreement, Agreement (Globus Wireless LTD), Agreement (Videoflicks Com Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provisionprovisions.

Appears in 3 contracts

Samples: Agreement (Firepond Inc), Use and General Services (Firepond Inc), Agreement (Firepond Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the . The waiver of by either party of a breach of any provision of this Agreement hereof shall not constitute a waiver of any succeeding other breach of the same or any other provisionsuch provision nor constitute a waiver of the provision itself.

Appears in 2 contracts

Samples: Dealer Agreement (Adomani, Inc.), Dealer Agreement (Adomani, Inc.)

No Implied Waiver. The failure of either party at any time to require ----------------- the performance by the other party of any provision of obligation under this Agreement shall not affect in no any way affect the right to require such performance at any time thereafterlater time, nor shall the waiver of by either party of a one breach of any provision of this Agreement constitute be taken or held to be a waiver of any succeeding other breach of the same that provision or any other provisionprovision of this Agreement.

Appears in 2 contracts

Samples: Distributor Agreement (Communications Systems International Inc), Branch Office Agency Agreement (Communications Systems International Inc)

No Implied Waiver. The failure of either party at any time one Party to require performance by the other party of any provision of this Agreement will not affect the right to require performance at a later time. The waiver by one Party of a breach by the other of any provision of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute not be a waiver of any succeeding later breach of the same that or any other provisionprovision hereof.

Appears in 2 contracts

Samples: Distribution Agreement (Neuronetics, Inc.), Distribution Agreement (Neuronetics, Inc.)

No Implied Waiver. The failure of either party at any time to require ------------------ performance by the other party of any provision of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 2 contracts

Samples: Contract for Motor (United Road Services Inc), Contract for Motor (United Road Services Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement hereof shall in no way affect the full right to require such performance at any time anytime thereafter. Further, nor shall the waiver of by either party of a breach of any provision of this Agreement hereof shall not constitute a waiver of provision itself or any other succeeding breach of the same or any other such provision.

Appears in 1 contract

Samples: Statement of Intent and Confidentiality Agreement (Western Goldfields Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not affect in no any way affect the full right to require request such performance at any time thereafter, nor shall the waiver of by either party of a breach of any provision of this Agreement constitute hereof be taken or held to be a waiver of any succeeding breach of the same or any other provisionprovision itself.

Appears in 1 contract

Samples: Master Service Agreement (Thorndale Farm LLC)

No Implied Waiver. The failure of either party Party at any time to require performance by the other party Party of any provision of this Agreement shall in no way affect the right of that Party to require such performance at any time thereafter, nor shall the waiver of by either party Party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision. Any waiver of the terms or conditions of this Agreement must be in writing.

Appears in 1 contract

Samples: Services Agreement

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement AGREEMENT shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: Testing Agreement

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement Order shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement Order constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: www.butzel.com

No Implied Waiver. The Any delay or failure of either party at any time to require performance by the other party of any provision of this Agreement shall not in no any way affect the right of such party to require such performance at any time thereafter, nor shall the performance. Any waiver of by either party of a any breach of any provision of this Agreement constitute shall not be construed to be a waiver of any succeeding subsequent breach or of the same or any other provisionright under this Agreement.

Appears in 1 contract

Samples: Data Processing Agreement (Southern Community Bancorp)

No Implied Waiver. 1.9 The failure of either party at any time to require performance by the other party of any provision of under this Agreement shall Contract will not affect, in no way affect any way, the right to require such performance at any later time thereafter, nor shall will the waiver of by either party of a breach of any provision of under this Agreement constitute Contract be taken and held to be a waiver of any succeeding breach of the same or any other such provision.

Appears in 1 contract

Samples: lbip.outcome-plus.com

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this the Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this the Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: www.ralcoind.com

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement agreement shall in no way affect effect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: Exclusive Agreement (Aquablue International, Inc.)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not affect in no any way affect the full right to require such performance at any time thereafter, nor shall the subsequent time. The waiver of by either party of a breach of any provision of this Agreement constitute shall not be taken or held to be a waiver of any succeeding breach of the same or any other provisionprovision itself.

Appears in 1 contract

Samples: Punch Edibles Intercollective/Production Agreement

No Implied Waiver. 120.1 The failure of either party at any time to require performance by the other party of any provision of this Agreement Contract shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement contract constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: french.gdlscanada.com

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No Implied Waiver. (1) The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of or any succeeding breach of the a same or any other provision.

Appears in 1 contract

Samples: Distributor Agreement (Spectrum International Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not in no any way affect the right to require such performance at any time thereafter, thereafter nor shall the waiver by of either party of a right hereunder or a breach of any provision of this Agreement constitute a continuing waiver or waiver of any succeeding breach of a right or similar breach. No waiver shall be binding unless executed in writing by the same or any other provisionparty making the waiver.

Appears in 1 contract

Samples: Confidentiality Agreement (Clean Diesel Technologies Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right to require such performance at any the time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: License Agreement (Asha Corp)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: www.hca.hitachi-cable.com

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of that party to require such performance at any time thereafter, nor shall the waiver of by either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision. Any waiver of the terms or conditions of this Agreement must be in writing.

Appears in 1 contract

Samples: Merchant Agreement Terms and Conditions

No Implied Waiver. The failure of either party Party at any time to require performance by the other party Party of any provision of this Agreement shall in no way Contract will not affect the right to require such performance at any time thereaftera later time, nor shall will the waiver of either party Party of a breach of any provision of this Agreement Contract constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: www.trigo-group.com

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement agreement shall in no way affect the right to require such performance at any time thereafterlater time, nor shall the waiver of either party of a breach of any provision of this Agreement agreement constitute a waiver of any succeeding later breach of the same or any other provision.provision of this agreement. EXHIBIT 3.1

Appears in 1 contract

Samples: Receivables Pledge Agreement (Tecumseh Products Co)

No Implied Waiver. The failure of either party Party at any time to require performance by the other party Party of any provision of this Agreement a Purchase Order shall in no way affect the right to require such performance at any time thereafter, later nor shall the waiver of either party of a breach of any provision of this Agreement a Purchase Order constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: Master Purchase Agreement Terms and Conditions

No Implied Waiver. The failure of either party Party at any time to require performance by the other party Party of any provision of this Agreement shall in no way affect the full right to require such performance at any time thereafter, nor shall the later time.The waiver of by either party Party of a breach of any provision of this Agreement shall not constitute a waiver of any succeeding breach the provision itself. The failure of the same or any other provisioneither Party to exercise its rights provided under this Agreement shall not constitute a waiver of such right.

Appears in 1 contract

Samples: , and License Agreement (Smith Electric Vehicles Corp.)

No Implied Waiver. The 21.1 No failure of either party Party at any time to require in requiring the performance by the other party Party of any provision of this Agreement hereof shall in no way affect prejudice the right to require such full performance of the same provision at any time thereafter, nor shall the . No waiver of by either party Party of a breach of any provision of this Agreement hereof shall constitute a waiver of any succeeding breach of the same or any other provisionprovision or constitute a waiver of the provision itself.

Appears in 1 contract

Samples: License Agreement

No Implied Waiver. The failure of either party Party at any time to require performance by the other party Party of any provision of this Agreement hereof shall not affect in no any way affect the full right to require such performance at any time thereafter. Furthermore, nor shall the waiver of by either party Party of a breach of any provision of this Agreement constitute hereof shall not be taken or held to be a waiver of any succeeding breach of the same or any other provisionprovision itself.

Appears in 1 contract

Samples: Commercial and Distribution Agreement (Universal Biosensors Inc)

No Implied Waiver. The Any delay or failure of either party at any time to require performance by the other party of any provision of this Agreement shall not in no any way affect the right of such party to require such performance at any time thereafter, nor shall the performance. Any waiver of by either party of a any breach of any provision of this Agreement constitute shall not be construed to be a waiver of any succeeding subsequent breach of the same or any other provisionright under this Agreement.

Appears in 1 contract

Samples: Processing Agreement (Riva Bancshares Inc)

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement Purchase Order shall in no way affect effect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement Purchase Order constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement the Order shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of by either party of a breach of any provision of this Agreement the Order constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: General Terms

No Implied Waiver. The failure of either party at any time to require performance by the other party of any provision the provisions of this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision.

Appears in 1 contract

Samples: Employment Agreement (Jarden Corp)

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