No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 34 contracts
Samples: Entire Agreement, Consulting Agreement (Health in Harmony, Inc.), Consulting Agreement (Health in Harmony, Inc.)
No Implied Waivers. The failure Failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver . Waiver by either party of a breach of any provision hereof be taken or held to be obligation hereunder shall not constitute a waiver of any subsequent succeeding breach of the same provision or obligation. Failure of either party to exercise any other provisionof its rights provided herein shall not constitute a waiver of such right.
Appears in 28 contracts
Samples: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.
Appears in 27 contracts
Samples: License Agreement, Non Exclusive Distribution Agreement, Distributor Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other such provision.
Appears in 15 contracts
Samples: Executive Services Agreement (3d Systems Corp), Executive Services Agreement (3d Systems Corp), Consulting Agreement (3d Systems Corp)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at any time thereafter, nor shall the any waiver by either any party of a breach of any provision hereof be taken or held to be herein constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.
Appears in 9 contracts
Samples: Indemnification Agreement (Group 1 Automotive Inc), Indemnification Agreement (Lithia Motors Inc), Lexus Dealer Agreement (United Auto Group Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionlater time.
Appears in 7 contracts
Samples: Agreement for Consulting Services, Agreement for Consulting Services, Architect/Engineer Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at any time thereafter, nor shall the . The waiver by either any party of a breach of any provision hereof be taken or held to be herein shall not constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision or constitute a waiver of the provision itself.
Appears in 5 contracts
Samples: Retailer Agreement (Uag Connecticut I LLC), Retailer Agreement (United Auto Group Inc), Retailer Agreement (HBL LLC)
No Implied Waivers. The failure failures of either party at any time to require performance by the other party at any time to require performance by the other party of any provision hereof herein shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.,
Appears in 4 contracts
Samples: Consulting Agreement (China North East Petroleum Holdings LTD), Consulting Agreement (China North East Petroleum Holdings LTD), Consulting Agreement (China North East Petroleum Holdings LTD)
No Implied Waivers. The failure of either party at any time to require the performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall and the waiver by either party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 4 contracts
Samples: Exclusive Marketing Agreement, Exclusive Marketing Agreement (Align Technology Inc), Exclusive Marketing Agreement (Align Technology Inc)
No Implied Waivers. The failure of either party at any time to require the performance by the other party of any provision hereof of this Agreement shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be deemed a waiver of any subsequent breach of the same provision or any other such provision.
Appears in 4 contracts
Samples: Directv Mdu Master System Operator Agreement (Multiband Corp), Sales Agency Agreement (Nucentrix Broadband Networks Inc), Sales Agency Agreement (Nucentrix Broadband Networks Inc)
No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right to require such performance at any time thereafterlater time, nor shall the waiver by either party Party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other such provision.
Appears in 4 contracts
Samples: Exclusive License Agreement (Natural Alternatives International Inc), Amended and Restated Exclusive License Agreement (Natural Alternatives International Inc), Exclusive License Agreement (Natural Alternatives International Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof of this Agreement shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof of this Agreement be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 4 contracts
Samples: Agreement for Professional Services for Lake County, Agreement, Single Occupancy
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance of that or any other provision at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.
Appears in 4 contracts
Samples: Sales Representative Agreement, Sales Representative Agreement, Sales Representative Agreement (Ambarella Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 4 contracts
Samples: Employment Agreement (Vyyo Inc), Employment Agreement (Vyyo Inc), Employment Agreement (Vyyo Inc)
No Implied Waivers. The failure of either party at any time to ------------------ require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 3 contracts
Samples: Employment Agreement (Vyyo Inc), Compete Agreement (Clinicor Inc), Employment Agreement (Vyyo Inc)
No Implied Waivers. The failure of either party any Party at any time to require performance by the any other party Party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either party any Party of a breach of any provision hereof shall not be taken construed or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 3 contracts
Samples: Services Agreement (Apollo Medical Holdings, Inc.), Services Agreement (Apollo Medical Holdings, Inc.), Services Agreement (Apollo Medical Holdings, Inc.)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 3 contracts
Samples: Lease Machines and Purchase Parts (On Point Technology Systems Inc), Sales Force Agreement (Sealife Corp), Distributor Agreement (American Soil Technologies Inc)
No Implied Waivers. The failure of either party Party at any time to require performance by the other party of any provision hereof shall herein will not affect in any way the right of such Party to require such performance at any time thereafter, nor shall will the waiver by failure of either party of Party to take action regarding a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 3 contracts
Samples: Silver Cube, General Terms and Conditions, General Terms and Conditions
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provisionprovision hereof.
Appears in 3 contracts
Samples: Distribution Agreement (Scansoft Inc), Distribution Agreement (Scansoft Inc), Distribution Agreement (Datawatch Corp)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.. c.
Appears in 3 contracts
Samples: Employment Agreement (Vyyo Inc), Employment Agreement (Vyyo Inc), Employment Agreement (Vyyo Inc)
No Implied Waivers. The failure of either party Party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the right to require such performance at any time thereafter, nor shall the waiver non-enforcement by either party Party of a breach of or any provision hereof be taken or held to be a waiver of any subsequent succeeding breach or of the same provision or any other provisionitself.
Appears in 3 contracts
Samples: Disclosure Agreement, Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement
No Implied Waivers. The failure of either party at any time Party to require the performance by the other party of any provision hereof of this Agreement shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party Party of a breach of any provision hereof be taken or held to be deemed a waiver of any subsequent breach of the same provision or any other such provision.
Appears in 3 contracts
Samples: Mso Dealer Agreement, Commercial Fulfillment Dealer Agreement, Commercial Dealer Agreement
No Implied Waivers. The failure of either party any party, at any time time, to require performance by the other party parties of any provision hereof shall not affect in any way the right to require such performance at any time thereafterin the future, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of such provision. A waiver by any subsequent of the parties hereto of any breach of the same provision or Agreement shall not be construed to be a waiver of any other provisionsucceeding breach thereof.
Appears in 3 contracts
Samples: License Agreement, License Agreement (Collegiate Pacific Inc), License Agreement (Sport Supply Group Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafterlater time, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other such provision.
Appears in 2 contracts
Samples: License Agreement (Ontro Inc), Distributorship Agreement (Ontro Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionlater time.
Appears in 2 contracts
Samples: City of Crescent City Professional Services Agreement, Consultant Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision provisions hereof shall not affect will in any no way effect the right to require such performance at any time thereafter, nor shall will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionprovisions hereof.
Appears in 2 contracts
Samples: Trial Agreement (Photoelectron Corp), Agreement (Photoelectron Corp)
No Implied Waivers. The failure of either any party at any time to require performance by the other party of any provision hereof hereof' shall not affect in any way the right to require such performance at any time thereafter, thereafter nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 2 contracts
Samples: Medical Services Agreement (Oncure Technolgies Corp), Medical Services Agreement (Oncure Technolgies Corp)
No Implied Waivers. The failure of either a party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either a party of a breach of any provision provisions hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 2 contracts
Samples: Sales Agency Agreement (SFX Entertainment, INC), Sales Agency Agreement (Viggle Inc.)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof shall not be taken construed or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 2 contracts
Samples: Trademark License (Biscayne Apparel Inc /Fl/), Trademark License (Aris Industries Inc)
No Implied Waivers. The failure of either party at any time anytime to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 2 contracts
Samples: Freedom Agreement (Gateway Access Solutions Inc), Freedom Agreement (Gateway Access Solutions Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision provisions hereof shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 2 contracts
Samples: End User License Agreement, License Agreement (Volcano CORP)
No Implied Waivers. The failure of Failure by either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the right to require such full performance at any time thereafterhereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be of this Agreement constitute a waiver of or any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.
Appears in 2 contracts
Samples: Master Distributor Agreement, Master Distributor Agreement (Surge Components Inc)
No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party Party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same such provision or any other provisionas a waiver of the provision itself.
Appears in 2 contracts
Samples: Consulting Agreement, Business Consulting Agreement (HCi Viocare)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the right of such party to require such performance at any time thereafterafter, nor shall will the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.
Appears in 2 contracts
Samples: Dealer Agreement (AgEagle Aerial Systems Inc.), Distributor Agreement (Sonasoft CORP)
No Implied Waivers. The failure failures of either party at any time to require performance by the other party at any time to require performance by the other party of any provision hereof herein shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 2 contracts
Samples: Consulting Agreement (China North East Petroleum Holdings LTD), Consulting Agreement (China North East Petroleum Holdings LTD)
No Implied Waivers. The failure of either party at any time to ------------------ require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.
Appears in 2 contracts
Samples: Distributor Agreement (Natus Medical Inc), Distributor Agreement (Natus Medical Inc)
No Implied Waivers. The failure of either party at any time to require ------------------- performance by the other party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provisionprovision hereof.
Appears in 2 contracts
Samples: Distribution Agreement (Sonicwall Inc), Distribution Agreement (Sonicwall Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor hereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 2 contracts
Samples: Exclusive Distribution Agreement (United Energy Corp /Nv/), Exclusive Distribution Agreement (United Energy Corp /Nv/)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor nor, shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 2 contracts
Samples: Euronet Worldwide Inc, Euronet Worldwide Inc
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the . A waiver by either party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 2 contracts
Samples: Tom Sawyer Software End User License Agreement, Tom Sawyer Software End User License Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the reafter. The waiver by either party of a breach of any provision hereof be taken or held to be shall not constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision nor constitute a waiver of the provision itself.
Appears in 1 contract
Samples: Distributor Agreement (Franklin Ophthalmic Instruments Co Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.waiver
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of such provisions, or as a waiver of the same provision or any other provisionitself.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the right to require such performance at any later time thereafter, nor shall will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionwaiver.
Appears in 1 contract
Samples: Softwave Product Distribution Agreement (America Greener Technologies, Inc.)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance per-form-ance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 1 contract
Samples: Technology Reseller Agreement (Onscreen Technologies Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof of this Agreement or to exercise any right provided for herein, shall not in no way affect in any way the right of such party to require such performance or exercise such right at any time thereafter, nor shall the . No waiver by either party of a breach of any provision hereof be taken or held to be herein shall constitute a waiver of any subsequent breach breach, nor a waiver of the same provision or any other provisionitself.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 1 contract
Samples: Exclusive Purchase and Supply Agreement (Imagenetix Inc /Nv/)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at an any time thereafter, nor shall the any waiver by either any party of a breach of any provision hereof be taken or held to be herein constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionprovisions.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or of any other provision.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same such provision or any other provisionas a waiver of the provision itself.
Appears in 1 contract
No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party Party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provisionprovision hereof.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the full right to require request such performance at any time thereafter, nor shall will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach or of the same provision or any other provisionitself.
Appears in 1 contract
Samples: Consulting Agreement (Digital Entertainment Network Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of such provision, or as a waiver of the same provision or any other provisionitself.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof of this Agreement shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision constitute a waiver of the provision itself.
Appears in 1 contract
No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the . A waiver by either party Party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 1 contract
Samples: D End User License Agreement
No Implied Waivers. The failure of either party any Party at any time to require performance by the other party Party of any provision hereof shall not in no way affect in any way the right of such Party to require such performance at any time thereafter, thereafter nor shall the waiver by either party any Party of a breach of any provision hereof be taken or held to be constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision or constitute a waiver of the provision itself.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself. 22.4.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provision.itself
Appears in 1 contract
Samples: Exclusive Concession Agreement (Sagent Technology Inc)
No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party Party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provision.provision hereof. IKON Sequium Agreement v03.08.05 (Execution copy).doc
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such full compliance and performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to be of this Agreement shall not constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionAgreement provision nor constitute a waiver of the Agreement provision itself.
Appears in 1 contract
No Implied Waivers. The Any failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at any time thereafter, nor shall the any waiver by either party of a breach of any provision hereof be taken or held to be herein constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any no way effect the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same such provision or any other provisionas a waiver of the provision itself.
Appears in 1 contract
Samples: Reader Resale Agreement (Advantage Learning Systems Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof of this Agreement shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by of either party of a breach of any provision hereof of this Agreement be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 1 contract
Samples: Agreement
No Implied Waivers. The failure of Failure by either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the right to require such full performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be of this Agreement constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.
Appears in 1 contract
Samples: Promotional Agreement
No Implied Waivers. The Any failure of either party at any time to this Agreement to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at any time thereafter, nor shall the any waiver by either party of a breach of any provision hereof be taken or held to be herein constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.
Appears in 1 contract
No Implied Waivers. The failure of either party at any time to require ------------------ performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of such provision, or as a wavier of the same provision or any other provisionitself.
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No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.waiver
Appears in 1 contract
Samples: Incentive Compensation Agreement (Kimberton Enterprises Inc)
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionwaiver.
Appears in 1 contract
Samples: Incentive Compensation Agreement (Kimberton Enterprises Inc)
No Implied Waivers. The failure of either party at any time to require the performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall and the waiver by either party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.itself. H.
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Samples: Exclusive Purchasing and Marketing Agreement (Easy Energy Inc)
No Implied Waivers. The failure of either party Party at any time to require the performance by the other party Party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall and the waiver by either party Party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.
Appears in 1 contract
Samples: Promissory Note and Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way manner the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 1 contract
Samples: Environmental Services Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall of this Agreement will not affect in any way the right of such party to require such performance at any time thereafterafter, nor shall will the waiver by of either party of a breach of any provision hereof of this Agreement be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.
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No Implied Waivers. The the failure of either party at any time to require performance by the any other party of any provision hereof shall will not affect affect in any way the right to require such performance at any time thereafterthereaGer, nor shall will the waiver by either any party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Appears in 1 contract
Samples: Client Agreement
No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
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No Implied Waivers. The failure of either party at any time to require the performance by the other party of any provision hereof of this Agreement shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of such provision. All rights and remedies of any subsequent breach party are cumulative and concurrent, and the exercise of the same provision one right or remedy shall not be deemed a waiver or release of any other provisionright or remedy.
Appears in 1 contract
Samples: Direct Purchase Agreement