NO WAIVER OF DEFENSES Sample Clauses

NO WAIVER OF DEFENSES. A. Neither the Department nor the Contractor shall waive, release or otherwise forfeit any possible defense the Department or the Contractor may have regarding claims arising from or made in connection with the performance of the Services by the Contractor without the consent of the other party.
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NO WAIVER OF DEFENSES. Nothing in this Article X shall preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Company and the failure of the Company's conservator, receiver, liquidator or statutory successor to pay all or a portion of any claim.
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NO WAIVER OF DEFENSES. JANY has not waived any defenses, claims or Actions which would have been available to JANY under the Insurance Contracts or the Related Agreements.
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NO WAIVER OF DEFENSES. Seller has not waived any defenses, claims or Actions which would have been available to Seller under the Annuity Contracts or the Related Agreements.
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NO WAIVER OF DEFENSES. Immunity/Legal Standing. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense or immunity or standing available at law or in equity to either Party. Neither Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity.
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NO WAIVER OF DEFENSES. By entering into this Agreement, the COUNTY does not waive defenses or limits provided by the Utah Governmental Immunity Act or any other law.
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NO WAIVER OF DEFENSES. Notwithstanding Section 8.7 above, the MEMBERS agree that no immunity or defense available to the MEMBERS under State or Federal law or regulation shall be waived with respect to any third party claim.
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Related to NO WAIVER OF DEFENSES

  • No Waiver of Defaults Except as expressly set out above, this Amendment does not constitute (i) a waiver of, or a consent to, (A) any provision of the Credit Agreement or any other Loan Document not expressly referred to in this Amendment, or (B) any present or future violation of, or default under, any provision of the Loan Documents, or (ii) a waiver of Lender’s right to insist upon future compliance with each term, covenant, condition and provision of the Loan Documents.

  • No Waiver of Default No waiver by the parties hereto of any default or breach of any covenant, term or condition of this Agreement shall be deemed to be a waiver of any other default or breach of the same or any other covenant, term or condition contained herein.

  • No waiver of our rights (a) No failure on our part to exercise and no delay on our part in exercising any right or remedy under this agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.

  • No Waiver of Immunity Neither College nor School District waiver or relinquish any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this MOU and the performance of the covenants contained herein.

  • No Waiver of Immunities Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to County, its past or present officers, employees, or agents or employees, nor to create any legal rights or claim on behalf of any third party. County does not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the Xxxxx xx Xxxxx xxx xx xxx Xxxxxx Xxxxxx.

  • No Waiver of Breach The failure to enforce any provision of this Contract shall not be construed as a waiver of any such provision, nor prevent a Party thereafter from enforcing the provision or any other provision of this Contract. The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.

  • NO WAIVER OF LEGAL RIGHTS The Employer and the Union agree that this program shall not diminish the rights of individual employees under State and/or Federal laws relating to drug and/or alcohol testing.

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  • No Waiver of Fees Nothing in this Agreement, nor any entry or repossession of the Room by the Manager releases the Resident from any liability for the payment in full of all amounts payable under this Agreement for the Term.

  • NO WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach.

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