No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to insist or rely on any such provision, rights and remedies in that or any other instances; rather, the same shall be and remain in full force and effect.
Appears in 65 contracts
Samples: Yearcluster Study Agreement, Year Study Agreement, Facilities Study Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment to any extent of such partyParty’s right to insist or rely on any such provision, rights and remedies in that or any other instances; rather, the same shall be and remain in full force and effect.
Appears in 30 contracts
Samples: Yearcluster Study Agreement, Development Agreement, Study Replication Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver wavier or relinquishment to any extent of such partyParty’s right to insist or rely on any such provision, rights and remedies in that or any other instances; rather, the same shall be and remain in full force and effect.
Appears in 29 contracts
Samples: Year Study Agreement, Facilities Study Agreement, Study Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment to any extent of such partyParty’s right to insist assert or rely on upon any such provisionprovisions, rights and remedies in that or any other instancesinstance; rather, the same shall be and remain in full force and effect.
Appears in 9 contracts
Samples: Reliability Assurance Agreement, Reliability Assurance Agreement (Appalachian Power Co), Reliability Assurance Agreement (Columbus Southern Power Co /Oh/)
No Implied Waivers. The failure by a party to enforce any provision of a Party to insist upon this Agreement or enforce strict performance the waiver of any of the provisions specific requirement of this Agreement shall not be construed as a general waiver or relinquishment to any extent of such party’s right to insist or rely on any such provision, rights and remedies in that this Agreement or any other instances; rather, provision herein nor shall such action act to stop the same shall be and remain in full force and effectparty from subsequently enforcing this Agreement according to its terms.
Appears in 7 contracts
Samples: Subdivision Improvements Agreement, Subdivision Improvements Agreement, Improvements Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment to any extent of such partyParty’s right to insist or rely on any such provision, rights and remedies in that or any other instancesinstance; rather, the same shall be and remain in full force and effect.
Appears in 7 contracts
Samples: Tenancy and Operating Agreement, Facilities Study Agreement, Interconnection Feasibility Study Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to insist assist or rely on upon any such provisionprovisions, rights and remedies in that or any other instancesinstance; rather, the same shall be and remain in full force and effect.
Appears in 5 contracts
Samples: Operation and Maintenance Agreement (Wisconsin Energy Corp), Transitional Services Agreement (Wisconsin Power & Light Co), Operating Agreement (Wisconsin Power & Light Co)
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the specific provisions of this Agreement at any time shall not be construed as a waiver or relinquishment to any extent of such partyParty’s right to insist assert or rely on upon any such provisionprovisions, rights and or remedies in that or any other instancesinstance, or as a waiver to any extent of any specific provision of this Agreement; rather, rather the same shall be and remain in full force and effect.
Appears in 2 contracts
Samples: Independent Transmission Organization Agreement, Withdrawal Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment to any extent of such partyentity’s right to insist assert or rely on upon any such provisionprovisions, rights and remedies in that or any other instancesinstance; rather, the same shall be and remain in full force and effect.
Appears in 2 contracts
Samples: South Transmission Owner Agreement (Virginia Electric & Power Co), South Transmission Owner Agreement (Dominion Resources Inc /Va/)
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to insist assert or rely on upon any such provisionprovisions, rights and remedies in that or any other instancesinstance; rather, the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Limited Non Competition Agreement (Panamerican Beverages Inc)
No Implied Waivers. The failure of a Party party to insist upon or enforce ------------------ strict performance of any of the specific provisions of this Agreement at any time shall not be construed as a waiver or relinquishment to any extent of such a party’s 's right to insist assert or rely on upon any such provisionprovisions, rights and rights, or remedies in that or any other instancesinstance, or as a waiver to any extent of any specific provision of this Agreement; rather, rather the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Agency Agreement (Entergy Corp /De/)
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the provisions of this Agreement shall not be construed c onstrued as a waiver or relinquishment to any extent of such partyParty’s right to insist or rely on any such provision, rights and remedies in that or any other instances; rather, the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Study Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the specific provisions of this Agreement at any time shall not be construed as a waiver or relinquishment to any extent of such partyParty’s right to insist assert or rely on upon any such provisionprovisions, rights and rights, or remedies in that or any other instancesinstance, or as a waiver to any extent of any specific provision of this Agreement; rather, rather the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Cost and Usage Agreement
No Implied Waivers. The failure of a Party to insist upon or enforce strict performance of any of the specific provisions of this Agreement at any time shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to insist assert or rely on upon any such provisionprovisions, rights and rights, or remedies in that or any other instancesinstance, or as a waiver to any extent of any specific provision of this Agreement; rather, rather the same shall be and remain in full force and effect.
Appears in 1 contract
No Implied Waivers. The failure of by a Party to insist upon enforce any provision of this Agreement or enforce strict performance the waiver of any of the provisions specific requirement of this Agreement shall not be construed as a general waiver or relinquishment to any extent of such party’s right to insist or rely on any such provision, rights and remedies in that this Agreement or any other instances; rather, provision herein nor shall such action act to estop the same shall be and remain in full force and effectparty from subsequently enforcing the Agreement according to its terms.
Appears in 1 contract
Samples: Development Plan Agreement
