NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performance.
NO WAIVER OF PERFORMANCE. Failure by either party at any time to require performance by the other party to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing under this Agreement, nor affect any subsequent breach, nor affect the effectiveness of this Agreement or any part hereof, nor prejudice either party as regards any subsequent action.
NO WAIVER OF PERFORMANCE. No waiver by Lessor of any provision hereof shall be deemed to have been made unless such waiver be in writing signed by Lessor. The failure of Lesor to insist upon the strict performance of any of the covenants or conditions of this Lease, or to exercise any option herein conferred, shall not be construed as waiving or relinquishing for the future of any such covenants, conditions or options but the same shall continue and remain in full force and effect. No act of Lessor or its agent during the term hereof shall be deemed an acceptance of a surrender of the said premises unless made in writing and personally subscribed by Lessor, neither shall the delivery of the keys to the premises by Tenant to Lessor or its agent be deemed a surrender and acceptance thereof. No payment by Tenant of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent.
NO WAIVER OF PERFORMANCE. The failure or either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. This document is provided as a DRAFT and is not intended to be considered FINAL. The Commission explicitly reserves the right to modify this document and provide a revised Sample to Phase II Proposers.
NO WAIVER OF PERFORMANCE. No waiver by a Party of performance of any provision of this Agreement by the other Party shall be deemed a waiver of nor prejudice the other Party’s right to otherwise require performance of the same provision, or any other provision.
NO WAIVER OF PERFORMANCE. The failure of the Contractor to insist upon the performance of any of the terms, covenants or conditions of the Subcontract, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of the term, covenant, condition or right with respect to further performance of Subcontractor.
NO WAIVER OF PERFORMANCE. The failure of the Landlord to insist upon ------------------------ a strict performance of any of the terms, conditions and covenants in this Agreement shall not be deemed a waiver of any rights or remedies that the Landlord may have, and such failure shall not be deemed a waiver of such or any subsequent breach or default in the same or any of the other terms, conditions and covenants herein.
NO WAIVER OF PERFORMANCE. The failure of any party at any time to require performance of any provision hereof shall in no way affect that party's right to enforce the same provision or any other provision at any subsequent time. The consent or approval of either party to any act by the other party of a nature requiring consent or approval should not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar act. All rights and remedies provided under this Agreement are cumulative to one another and to all other rights and remedies under applicable law or in equity, and no exercise of any one right or remedy shall in any manner operate to prejudice or impair any other right or remedy provided at law or in equity.
NO WAIVER OF PERFORMANCE. The failure of either party to insist in any one or more instances upon performance of any terms, covenants or conditions of this Time Charter shall not be construed as a waiver or relinquishment of such performance of any such term, covenant or condition, but each party's obligation with respect to such future performance shall remain in full force and effect.
NO WAIVER OF PERFORMANCE. The failure of XXXXXXX to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of the AGREEMENT, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right as to further performance. No waiver, properly authorized and in writing, of any breach of any provision shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver or modification of the provision itself, or a waiver or modification of any right under the AGREEMENT, unless the waiver so states.
