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.
Appears in 22 contracts
Samples: Agreement Between Owner and Consultant, Agreement Between Owner and Consultant, Agreement Between Owner And
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, 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, condition or right with respect to further performance.
Appears in 13 contracts
Samples: Membership Agreement, Agreement (Blackhawk Biofuels, LLC), Form of Agreement (Siouxland Ethanol, LLC)
NO WAIVER OF PERFORMANCE. The Either Party’s failure of either Party to insistinsist upon any, 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.
Appears in 4 contracts
Samples: unh.edu, www.unh.edu, www.unh.edu
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, 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 condition right with respect to further performance.
Appears in 4 contracts
Samples: At Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, 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, covenant or condition or right with respect to further performance.
Appears in 4 contracts
Samples: Article I Agreement (Western Dubuque Biodiesel, LLC), Article I Agreement (Western Dubuque Biodiesel, LLC), Article I Agreement (Western Dubuque Biodiesel, LLC)
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on upon 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.
Appears in 3 contracts
Samples: Standard Modified Agreement, Standard Agreement, Standard Agreement
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, 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, condition or right with respect to further performance.
Appears in 3 contracts
Samples: Standard Agreement, Design Build Agreement (First United Ethanol LLC), Agreement (First United Ethanol LLC)
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 performanceperformance or any other term, covenant, condition, or right, nor shall such action or failure to act constitute approval or acquiescence in a breach unless specifically agreed to in writing.
Appears in 3 contracts
Samples: Standard Agreement, Standard Agreement, Standard Agreement
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.performance or any other term, covenant, condition, or right, nor shall such action or failure to act constitute approval or acquiescence in a breach unless specifically agreed to in writing..
Appears in 2 contracts
Samples: Standard Agreement, Standard Agreement
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 performanceperformance or any other term, covenant, condition, or right.
Appears in 2 contracts
Samples: Standard Agreement, Contract Agreement (OCI Partners LP)
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on upon the performance of any of the terms, covenants, 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, condition or right with respect to further performance.
Appears in 2 contracts
Samples: Master Subcontract Agreement, Master Subcontract Agreement
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, 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, condition or right with respect to further performanceperformance or any other term, covenant, condition or right.
Appears in 2 contracts
Samples: Consulting Services Agreement, www.leanconstruction.org
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, the Agreement or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 1 contract
Samples: rlgbuilds.com
NO WAIVER OF PERFORMANCE. The failure of either any Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions obligation 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 performanceon subsequent occasions.
Appears in 1 contract
Samples: www.horstconstruction.com
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, 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 condition right with respect to further performance.
Appears in 1 contract
Samples: Design Build Agreement
NO WAIVER OF PERFORMANCE. The Either Party’s failure to insist upon any of either Party to insistits rights, 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 performanceperformance or any other term, covenant, condition, or right.
Appears in 1 contract
Samples: Standard Agreement
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, condition or right with respect to further performance.
Appears in 1 contract
Samples: Design Build Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party 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, condition or right with respect to further performance.
Appears in 1 contract
Samples: Midland Co
