Common use of No Waiver Clause in Contracts

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 188 contracts

Samples: Trademark License Agreement (Axxes Private Markets Fund), Investment Advisory and Management Agreement (Ameritrans Capital Corp), Investment Advisory and Management Agreement

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No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such that provision, nor prevent that party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretofrom enforcing that provision of any other provision of this Agreement.

Appears in 58 contracts

Samples: Employment Agreement (Radiologix Inc), Employment Agreement (RadNet, Inc.), Employment Agreement (Radiologix Inc)

No Waiver. The failure of either any party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 44 contracts

Samples: Trademark License Agreement (Triton Pacific Investment Corporation, Inc.), Administration Agreement (New Mountain Finance Corp), Administration Agreement (NC SLF Inc.)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 32 contracts

Samples: Manufacture and Supply Agreement (Jaguar Animal Health, Inc.), License, Development and Supply Agreement (Alexza Pharmaceuticals Inc.), Integrated Facilities Management Services Agreement (Amgen Inc)

No Waiver. The failure of either party hereto to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 27 contracts

Samples: Investment Advisory and Management Agreement (Destiny Tech100 Inc.), Investment Advisory and Management Agreement (CIM Real Assets & Credit Fund), Investment Advisory and Management Agreement (CIM Real Assets & Credit Fund)

No Waiver. The failure of either party to enforce at any time for any period the provisions of of, or any rights deriving from from, this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 20 contracts

Samples: Trademark License Agreement (Diameter Credit Co), Trademark License Agreement (Eagle Point Credit Co LLC), Trademark License Agreement (Barings Capital Investment Corp)

No Waiver. (a) The failure or delay of either party any Party to enforce at any time for any period of the provisions of this Agreement, or to require at any rights deriving from this Agreement time performance by the other Parties of any provision hereof, shall not neither be construed to be a waiver of such provisions nor affect the validity of this Agreement or rights any part hereof or the right of such party Party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 20 contracts

Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement

No Waiver. The failure of either party hereto to enforce at any time for any period of the provisions of this Agreement, or the waiver thereof in any rights deriving from this Agreement instance, shall not be construed to be as a waiver or relinquishment of such provisions or rights or the party’s right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed every provision of this Agreement in writing by all parties heretothe future.

Appears in 16 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

No Waiver. The failure of either a party to enforce at any time for provision or exercise any period the provisions of or any rights deriving from right under this Agreement shall not be construed to be constitute a waiver of such provisions provision or rights or the right of and shall not preclude such party thereafter to enforce from enforcing such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision or exercising such right at any later time.

Appears in 14 contracts

Samples: Master Services Agreement, Saltstack Master Services Agreement, Curii Corporation Master Services Agreement

No Waiver. The failure of either a party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be constitute a waiver of such provisions or rights provision or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision or any other provision.

Appears in 13 contracts

Samples: License Agreement (Ceva Inc), Professional Design Services Agreement, Gigablast Professional Services Agreement (So Act Network, Inc.)

No Waiver. The A party’s failure or delay in enforcing any provision of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall will not be construed to be operate as a waiver of such provisions or rights or the right of such party thereafter to enforce such provisionsthat provision or any other provision of this Agreement at any time. A waiver of any provision of this Agreement must be in writing, specify the provision to be waived and no waiver shall be binding unless executed in writing signed by all parties heretothe party agreeing to the waiver.

Appears in 13 contracts

Samples: Enterprise End User License Agreement, Saas Agreement, Corporate End User License Agreement

No Waiver. The Any failure of either a party to enforce at that party’s rights under any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be or act as a waiver of such provisions or rights or the said party’s subsequent right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoany of the provisions contained herein.

Appears in 13 contracts

Samples: Affiliation Agreement, Affiliation Agreement, Agreement

No Waiver. The failure of either party to enforce its rights under this Agreement at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretorights.

Appears in 13 contracts

Samples: Network Services Agreement, Consulting Agreement (Progaming Platforms Corp), Consulting Agreement (Progaming Platforms Corp)

No Waiver. The failure of Failure by either party hereto to enforce at any time or for any period the provisions of time any provision or any rights deriving from this Agreement right hereunder shall not be construed to be constitute a waiver of such provisions provision or rights or of the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 12 contracts

Samples: Omnibus Agreement (Spectra Energy Corp.), Agreement (Schrodinger, Inc.), Omnibus Agreement (Spectra Energy Corp.)

No Waiver. The failure of by either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall will not be construed to be constitute a waiver of such provisions future enforcement of that or any other provision. Neither party will be deemed to have waived any rights or the right of remedies hereunder unless such party thereafter to enforce such provisions, and no waiver shall be binding unless executed is in writing and signed by all parties heretoa duly authorized representative of the party against which such waiver is asserted.

Appears in 12 contracts

Samples: Britecore Referral Agreement, Oracle Referral Agreement, Epmware Referral Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such that provision, nor prevent that party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretofrom subsequently enforcing that provision or any other provision of this Agreement.

Appears in 11 contracts

Samples: Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp)

No Waiver. The failure of either party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 10 contracts

Samples: Asset Purchase Agreement (Accentia Biopharmaceuticals Inc), Distribution and Supply Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc)

No Waiver. The failure of either any party to enforce at any time for any period of the provisions of or any rights deriving from this Agreement hereof shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions. This Agreement may not be waived, and no waiver shall be binding unless executed except in writing by all parties heretothe Party granting the waiver.

Appears in 9 contracts

Samples: Master Subscription and Support Agreement, Master Subscription and Support Agreement, Master Subscription and Support Agreement

No Waiver. The failure of either party to enforce at any time for or times to enforce or require performance of any period the provisions of or any rights deriving from provision contained in this Agreement shall not be construed to be in no way operate as a waiver of such provisions or rights or affect the right of such party thereafter at a later time to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 9 contracts

Samples: Asset Representations Review Agreement (Synchrony Credit Card Master Note Trust), Master Solution Purchase and Services Agreement, Asset Representations Review Agreement (Synchrony Credit Card Master Note Trust)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisionsprovisions or rights, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 8 contracts

Samples: Agreement (Rand Capital Corp), Agreement (Ares Capital Corp), Administration Agreement (Rand Capital Corp)

No Waiver. (a) The failure of or delay or either party Party to enforce at any time for any period of the provisions of this Contract, or to require at any rights deriving from this Agreement time performance by the other Party of any provision hereof, shall not neither be construed to be a waiver of such provisions nor affect the validity of this Contract or rights any part hereof or the right of such party Party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 7 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

No Waiver. The failure of either party any Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 7 contracts

Samples: Settlement and License Agreement (Depomed Inc), Settlement and License Agreement (Sucampo Pharmaceuticals, Inc.), Settlement and License Agreement (Santarus Inc)

No Waiver. The failure of either party to enforce at any time or for any period of time any one or more of the provisions of or any rights deriving from this the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or rights or the of its right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 7 contracts

Samples: Interlocal Agreement, Interlocal Agreement, Memorandum of Agreement

No Waiver. The failure of either party Party to enforce at or insist upon compliance with any time for any period of the provisions terms or conditions of or any rights deriving from this Agreement shall not be construed to be constitute a general waiver or relinquishment of any such provisions terms or rights or conditions, but the right of such party thereafter to enforce such provisions, and no waiver same shall be binding unless executed and remain at all times in writing by all parties heretoduly force and effect.

Appears in 7 contracts

Samples: Project Sponsor Agreement, Project Sponsor Agreement, Participation Agreement

No Waiver. The Any failure of either a party to enforce at that party’s right under any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be or act as a waiver of such provisions or rights or the said party’s subsequent right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoany of the provisions contained herein.

Appears in 7 contracts

Samples: Student Training Agreement, Student Training Agreement, Affiliation Agreement

No Waiver. The Any failure of either party to enforce enforce, at any time or for any period of time, any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 7 contracts

Samples: Patent Sublicense Agreement, Patent Sublicense Agreement, Patent Sublicense Agreement

No Waiver. The failure of by either party to enforce at any time for to enforce any period of the provisions terms or conditions of or any rights deriving from this Agreement shall not constitute or be construed to be as a waiver of such provisions or rights or the terms and conditions. Each party expressly reserves the right of such party thereafter to enforce such provisions, the terms and no waiver shall be binding unless executed in writing by all parties heretoconditions of this Agreement at any time.

Appears in 6 contracts

Samples: Oem Supply Agreement (Sonosight Inc), Technology Transfer and License Agreement (Sonosight Inc), Technology Transfer and License Agreement (Sonosight Inc)

No Waiver. The failure of either party to enforce at any time for term in any period one or more instance will not be construed as a waiver or otherwise affect any future right to insist upon strict performance of the provisions term. No waiver of or any rights deriving from term of this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding effective unless executed made in writing and signed by all parties heretopersonnel authorized to bind the party against whom enforcement is sought.

Appears in 6 contracts

Samples: Business Licensing Services Agreement, Business Licensing Services Agreement, Business Licensing Services Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be as a waiver or limitation of such provisions or rights or the that party’s right to subsequently enforce every provision of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothis Agreement.

Appears in 5 contracts

Samples: Special Education Services Contract, Special Education Services Contract, Special Education Services Contract

No Waiver. The failure of either party Party to enforce at any time time, or for any period of time, the provisions of or any rights deriving from this Agreement shall not be construed interpreted to be a waiver of such provisions or rights or of the right of such party thereafter Party to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 5 contracts

Samples: Added Services, Master Software License and Services Agreement, Master Software License and Services Agreement

No Waiver. The failure of either party to enforce at any time or for any period the provisions of or time any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 5 contracts

Samples: Master Agreement (Fountain Powerboat Industries Inc), Engine Supply Agreement (Fountain Powerboat Industries Inc), Baja Engine Supply Agreement (Fountain Powerboat Industries Inc)

No Waiver. The failure of either party to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such that party thereafter to enforce such those provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 5 contracts

Samples: Registration Rights Agreement (Intracel Corp), Distribution Agreement (Intracel Corp), Exclusive Distribution Agreement (Mentor Corp /Mn/)

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be as a waiver or limitation of such provisions or rights or the that party’s right of such party thereafter subsequently to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretocompel strict compliance with every provision of this Agreement.

Appears in 5 contracts

Samples: Executive Employment Agreement (Hawk Systems, Inc.), Executive Employment Agreement (Kingold Jewelry, Inc.), Executive Employment Agreement (Kingold Jewelry, Inc.)

No Waiver. The Except as and to the extent expressly provided herein, (a) the failure of either party any Party hereto to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not in no way be construed as a waiver of any of such provisions, or the right of any party thereafter to enforce each and every such provision, and (b) no waiver of any breach of this Agreement shall be held to be a waiver of such provisions any other or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretosubsequent breach.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Ultra Petroleum Corp), Purchase and Sale Agreement (Ultra Petroleum Corp), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.)

No Waiver. The failure of either party to enforce at any time or for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such that party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision hereof.

Appears in 5 contracts

Samples: International Distribution Agreement (SemiLEDs Corp), Distribution Agreement (Micro Therapeutics Inc), Exclusive Distribution Agreement (Micro Therapeutics Inc)

No Waiver. The failure of either party to assert or enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be constitute a waiver of such provisions or rights provision or the right of such either party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision at any future time.

Appears in 5 contracts

Samples: Standard Terms And, Standard Terms And, Standard Terms And

No Waiver. The failure of either party Party to enforce at any time or for any period of time the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party Party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 5 contracts

Samples: Ibc Practitioner Agreement, Ibc Practitioner Agreement, 'S Agreement

No Waiver. The failure of Failure by either party Party to enforce at any time for any period the provisions of or any rights deriving from under this Agreement shall not be construed to be as a waiver of such provisions rights, nor shall a waiver by either Party in one or rights more instances be construed as constituting a continuing waiver or the right as a waiver of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoother instances.

Appears in 4 contracts

Samples: Software License Agreement (Practice Works Inc), Software License Agreement (Practice Works Inc), Software License Agreement (Practice Works Inc)

No Waiver. The delay or failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 4 contracts

Samples: Investment Agreement (Osiris Therapeutics, Inc.), Investment Agreement (Corautus Genetics Inc), Investment Agreement (Corautus Genetics Inc)

No Waiver. The Except as and to the extent expressly provided herein, (a) the failure of either party any Party hereto to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not in no way be construed as a waiver of any of such provisions, or the right of any Party thereafter to enforce each and every such provision, and (b) no waiver of any breach of this Agreement shall be held to be a waiver of such provisions any other or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretosubsequent breach.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (CorEnergy Infrastructure Trust, Inc.)

No Waiver. The failure of either party to enforce at any time for any period of the provisions of this Agreement, or the failure to require at any rights deriving from time performance by the other party of any of the provisions of this Agreement Agreement, shall not in no way be construed to be a present or future waiver of such provisions or rights or provisions, nor in any way affect the right validity of such either party thereafter to enforce each and every such provisionsprovision thereafter. The express waiver by either party of any provision, and no condition, or requirement of this Agreement shall not constitute a waiver shall be binding unless executed in writing by all parties heretoof any future obligation to comply with such provision, condition, or requirement.

Appears in 4 contracts

Samples: Escrow Agreement (Paradyne Networks Inc), Escrow Agreement (Paradyne Networks Inc), Escrow Agreement (Paradyne Networks Inc)

No Waiver. The Any failure of either by a party to enforce at any time for any period the provisions provision of or any rights deriving from right under this Agreement is not and shall not be construed to be interpreted as a waiver of such provisions or rights or the any right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothe same or any other right or provision of this Agreement at a later date.

Appears in 4 contracts

Samples: Disclosure Agreement, Disclosure Agreement, Non Disclosure Agreement

No Waiver. The failure of either party Party to enforce at any time for any period of the provisions of this Agreement, or the failure to require at any rights deriving from time performance by the other Party of any of the provisions of this Agreement Agreement, shall not in no way be construed to be a present or future waiver of such provisions or rights or provisions, nor in any way affect the right validity of such party thereafter either Party to enforce each and every such provisionsprovision thereafter. The express waiver by either Party of any provision, and no condition or requirement of this Agreement shall not constitute a waiver shall be binding unless executed in writing by all parties heretoof any future obligation to comply with such provision, condition or requirement.

Appears in 4 contracts

Samples: Master Product Purchase Agreement (Altair Nanotechnologies Inc), Product Purchase Agreement (Altair Nanotechnologies Inc), Intellectual Property Transfer and License Agreement (Amkor Technology Inc)

No Waiver. The failure of either any party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 4 contracts

Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights rights, or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 4 contracts

Samples: License Agreement (Silver Spike Investment Corp.), License Agreement (Silver Spike Investment Corp.), Form of Trademark License Agreement (Ares Multi-Strategy Credit Fund, Inc.)

No Waiver. The failure of by either party to enforce Party, at any time time, or for any period of time, to enforce any of the provisions of or any rights deriving from this Agreement Agreement, shall not be construed to be as a waiver of such provisions or as a waiver of either Party’s rights or the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 4 contracts

Samples: License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc)

No Waiver. The failure of either party to enforce by any Party, at any time time, or for any period of time, to enforce any of the provisions of or any rights deriving from this Agreement Agreement, shall not be construed to be as a waiver of such provisions or as a waiver of any Party’s rights or the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 4 contracts

Samples: License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc)

No Waiver. The failure of by either party to enforce Party at any time for to enforce any period of the terms, provisions or conditions of or any rights deriving from this Agreement or to exercise any right hereunder shall not constitute or be construed to be constitute a waiver of such provisions the same or affect that Party's rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoor exercise the same.

Appears in 4 contracts

Samples: Master Services Agreement (Acadia Pharmaceuticals Inc), Contract Manufacturing Agreement (Jazz Pharmaceuticals PLC), Master Services Agreement (Acadia Pharmaceuticals Inc)

No Waiver. The failure of either party Party to enforce at insist upon the strict performance of any time for any period the provisions covenant, agreement, provision, or condition of or any rights deriving from this Agreement shall not be construed to be constitute a waiver thereof. No waiver by either Party of such any of the terms or provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver this Agreement shall be binding enforceable unless executed expressed in writing and signed by all parties heretothe Party against whom enforcement is sought.

Appears in 3 contracts

Samples: Phase 1 Project Development Agreement, Development Management Agreement, Development Management Agreement

No Waiver. The failure or delay of either any party to enforce at any time for or any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be constitute a present or future waiver of such provisions or rights or nor the right of such either party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 3 contracts

Samples: Master Encroachment Agreement, Master Encroachment Agreement, Master Encroachment Agreement

No Waiver. The failure of by either party Party to enforce at any time or for any period any one or more of the provisions terms or conditions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions them or rights or of the right of such party thereafter at any time subsequently to enforce such provisions, all terms and no waiver shall be binding unless executed in writing by all parties heretoconditions of this Agreement.

Appears in 3 contracts

Samples: Recruiting Services Agreement, Agreement for Recruiting Services, Recruiting Services Agreement

No Waiver. The failure of either party to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not be construed deemed to be a waiver of such provisions or rights or the right of such either party thereafter to enforce any such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 3 contracts

Samples: Oversight Systems Master Agreement, Generation Services, resources.finalsite.net

No Waiver. The failure of either party to enforce at any time for any period the provisions of right or any rights deriving from provision in this Agreement shall not be construed to be constitute a waiver of such provisions right or rights or the right of provision unless acknowledged and agreed to by such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretowriting.

Appears in 3 contracts

Samples: Avetta Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver waver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 3 contracts

Samples: Sub Administration Agreement (Medley Capital BDC LLC), Administration Agreement (ALDA CAPITAL Corp), Form of Administration Agreement (Medley Capital BDC LLC)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoparties.

Appears in 3 contracts

Samples: Trademark License Agreement (OFS Capital Corp), Trademark License Agreement (OFS Capital, LLC), Trademark License Agreement (OFS Credit Company, Inc.)

No Waiver. The failure of either party to enforce any provision of this Agreement at any time or for any period the provisions of or any rights deriving from this Agreement time shall not be construed to be a waiver of such provisions or rights or the any right of such either party thereafter hereunder nor to enforce such provisions, and no waiver shall be binding unless executed prevent the subsequent enforcement thereof or of any other provision hereof in writing by all parties heretoaccordance with its terms.

Appears in 3 contracts

Samples: Supply Agreement (SteadyMed Ltd.), Supply Agreement (SteadyMed Ltd.), Supply Agreement (SteadyMed Ltd.)

No Waiver. The failure of either any party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of either such provisions or rights provision or the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 2 contracts

Samples: License Agreement (Achillion Pharmaceuticals Inc), License Agreement (Vion Pharmaceuticals Inc)

No Waiver. The failure of either party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, each and no every provision. Any waiver by a party of any of its rights under this Agreement shall be binding unless executed in writing signed by all parties heretosuch party.

Appears in 2 contracts

Samples: Manufacturing and Supply Agreement (United Guardian Inc), Manufacturing and Supply Agreement (United Guardian Inc)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be deemed a waiver of such provisions that provision or rights or of the right of such party the Party to thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothat or any other provision.

Appears in 2 contracts

Samples: Development and Licensing Agreement (Pure Bioscience), Development and Licensing Agreement (Pure Bioscience)

No Waiver. The failure of either party any Party to enforce at any time or for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such party that Party thereafter to enforce such provisions, each and no waiver every provision hereof. No rights under this Agreement shall be binding unless executed waived except by an instrument in writing signed by all parties heretothe Party sought to be charged with such waiver.

Appears in 2 contracts

Samples: Product Component Framework Agreement (Qig Group, LLC), Product Component Framework Agreement (Nuvectra Corp)

No Waiver. The Any failure of by either party to enforce at any time or for any period of time the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision, or rights or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothat provision.

Appears in 2 contracts

Samples: Saas Terms of Service, Saas Terms of Service

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No Waiver. 25.1 The failure of either party to enforce at any time for any period of the provisions of this Agreement, or any rights deriving from this Agreement with respect hereto, or to exercise any option which is provided herein, shall not in no way be construed to be a waiver of such provisions provisions, rights or rights options or in any way to affect the validity of this Agreement or the right of either party to thereafter enforce each and every such party thereafter provision and to enforce exercise any such provisions, and no waiver shall be binding unless executed in writing by all parties heretoright or option.

Appears in 2 contracts

Samples: Agreement (Displaytech Inc), Agreement (Displaytech Inc)

No Waiver. The failure of by either party to enforce Party at any time for to enforce any period of the terms, provisions or conditions of or any rights deriving from this Agreement or to exercise any right hereunder shall not constitute or be construed to be constitute a waiver of such provisions the same or affect that Party’s rights or the right of such party thereafter to enforce such provisions, and no or exercise the same. A waiver shall by a Party of any term or condition of this Agreement must be binding unless executed in writing by all parties heretoto be effective.

Appears in 2 contracts

Samples: Supply Agreement (Intra-Cellular Therapies, Inc.), Supply Agreement (Intra-Cellular Therapies, Inc.)

No Waiver. The failure of by either party to enforce at any time or for any period the provisions of time any provision or any rights deriving from right under this Agreement shall not be construed to be a constitute waiver of such provisions or rights that provision or the right of such that party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothe provision.

Appears in 2 contracts

Samples: Omnibus Agreement (Spectra Energy Corp.), Contribution Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall will not be construed to be a waiver of such provisions or rights or the right rights of such party thereafter to enforce such provisions, and no waiver shall will be binding unless executed in writing by all parties hereto.

Appears in 2 contracts

Samples: Trademark License Agreement (NGP Capital Resources CO), Trademark License Agreement (NGP Capital Resources CO)

No Waiver. The failure of either party to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions or rights provision or the right of such either party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision or any other provision of this Agreement.

Appears in 2 contracts

Samples: Club License Agreement, Club License Agreement

No Waiver. The failure of either party Party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights provision or the right of such party thereafter to enforce such provisionseach and every provision hereof. No waiver by either Party, and no waiver either express or implied, of any breach of these terms or conditions shall be binding unless executed in writing by all parties heretoconstrued as a waiver of any other term or condition.

Appears in 2 contracts

Samples: Terms and Conditions, Client’s Agreement

No Waiver. The failure of either party any Party to enforce at any time or for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such party that Party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision hereof.

Appears in 2 contracts

Samples: Supply Agreement (Nuvectra Corp), Supply Agreement (Qig Group, LLC)

No Waiver. The failure of either party to enforce at any time or for any period the provisions of or time any rights deriving from other provision of this Agreement shall not be construed to be a as their waiver of such provisions or rights provision or the right of such a party thereafter to subsequently enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 2 contracts

Samples: Management Services Agreement (Red Sky Resources Inc.), Management Services Agreement (Furio Resources Inc.)

No Waiver. The failure of either any party to enforce at any time or for any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such the party thereafter to enforce such provisions, and no provision. The waiver of any breach or default or the failure to exercise any right shall not be binding unless executed in writing by all parties heretodeemed a waiver of any subsequent breach or default or waiver of the right to exercise any other right.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Miscor Group, Ltd.), Non Competition Agreement

No Waiver. The failure of either party to enforce at any time for any period of the --------- provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of or any rights deriving from this Agreement Agreement, shall not in no way be construed to be a present or future waiver of such provisions or rights or provisions, nor in any way affect the right of such either party thereafter to enforce each and every such provisionsprovision thereafter. The express waiver by either party of any provision, and no condition or requirement of this Agreement shall not constitute a waiver shall be binding unless executed in writing by all parties heretoof any future obligation to comply with such provision, condition or requirement.

Appears in 2 contracts

Samples: Volume Purchase Agreement (Virata Corp), Settlement Agreement (Virata Corp)

No Waiver. The failure of either party to enforce at any time for any period of the provisions of this Agreement, or any rights deriving from this Agreement shall not in respect thereto, will in no way be construed to be considered a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, rights, or elections with respect to subsequent events or in any way to affect the validity and no waiver shall be binding unless executed in writing by all parties heretothe enforceability of this Agreement.

Appears in 2 contracts

Samples: Technology License Agreement (Alynx, Co.), Technology License Agreement (Alynx, Co.)

No Waiver. The failure of either party to enforce at any time time, or for any period of time, the provisions of or any rights deriving from this Agreement shall will not be construed interpreted to be a waiver of such provisions or rights or of the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 2 contracts

Samples: Trade Mark License Agreement, Trade Mark License Agreement

No Waiver. The failure of either a party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 2 contracts

Samples: Form of Trademark License Agreement (CION Ares Diversified Credit Fund), Form of Trademark License Agreement (CION Ares Diversified Credit Fund)

No Waiver. Any waiver by any Party of any of its rights under this Agreement shall be made in writing to be effective. The failure of either party by a Party to enforce at any time or for any period of time any provision of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions that provision or rights or of the right of such party the Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 2 contracts

Samples: Preliminary Share Purchase Agreement (Hines Global REIT, Inc.), Preliminary Agreement (Hines Global REIT, Inc.)

No Waiver. The Any failure of either a party to enforce at that party's rights under any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be or act as a waiver of such provisions or rights or the said party's subsequent right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoany of the provisions contained herein.

Appears in 2 contracts

Samples: Affiliation Agreement, www.radford.edu

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no . No waiver shall of any rights under this Agreement will be binding effective unless executed in writing signed by all parties heretothe party to be charged.

Appears in 2 contracts

Samples: License Agreement (Biophan Technologies Inc), License Agreement (Biophan Technologies Inc)

No Waiver. The 22.1 Neither the failure nor the delay of either party Party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be constitute a waiver of such provisions provision or rights or of the right of such party thereafter each Party to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 2 contracts

Samples: Joint Development Agreement (Hansen Medical Inc), Development and License Agreement (Peninsula Acquisition Corp)

No Waiver. The failure of either party to enforce at any time or --------- for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such that party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision hereof.

Appears in 2 contracts

Samples: Operating Agreement (Enact Health Management Systems), Operating Agreement (Enact Health Management Systems Inc)

No Waiver. The failure Failure of either party hereto to enforce at any time for any period the provisions term or provision of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions term or rights provision or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoterm or provision.

Appears in 2 contracts

Samples: Purchase of Service Agreement, Purchase of Service Agreement

No Waiver. The failure of Failure by either party Party, in any one or more instances, to enforce at any time for any period of its rights in connection with this Agreement, or to insist upon the provisions strict performance of the terms of this Agreement, its Appendices or any rights deriving from this Agreement Exhibits, shall not be construed to be as a waiver or a relinquishment of any such provisions rights for future breach or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoenforcement thereof.

Appears in 2 contracts

Samples: Software Distribution Agreement (Dwango North America Corp), Software Distribution Agreement (Dwango North America Corp)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement or to terminate this Agreement for the breaching of any covenant or conditions herein shall not be construed to be operate thereafter as a waiver of such provisions that provision or rights any other provision of this Agreement, or as a waiver of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed terminate this Agreement except to the extent specifically set forth in writing by all parties heretothis Agreement.

Appears in 2 contracts

Samples: Joint Research and Product Development Agreement (Visualant Inc), Joint Research and Product Development Agreement (Visualant Inc)

No Waiver. The failure of Failure by either party hereto to enforce at any time for any period the provisions of term or any rights deriving from condition under this Agreement shall not be construed to be a waiver of such provisions or rights or the right to act on the failure of such party term or condition and shall not impair or waive that party's right thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery term and condition of this Agreement.

Appears in 1 contract

Samples: Oem Purchase Agreement (Norris Communications Corp)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Supply Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 1 contract

Samples: Supply Agreement (Sepracor Inc /De/)

No Waiver. The failure of either party to enforce at any time or for any period any one or more of the provisions terms or conditions of or any rights deriving from this Agreement shall will not be construed to be a waiver of such provisions them or rights or of the right of such party thereafter at any time subsequently to enforce such provisions, all terms and no waiver shall be binding unless executed in writing by all parties heretoconditions of this Agreement.

Appears in 1 contract

Samples: Authorised Alliance Support Organisation Agency Agreement (Elandia, Inc.)

No Waiver. The failure of either party Party to enforce at any time or for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such party that Party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision hereof.

Appears in 1 contract

Samples: Product Development Agreement (Cardiovascular Systems Inc)

No Waiver. The failure of either party to enforce its rights under this Agreement at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no rights. A waiver shall not be binding effective unless executed it is in writing and signed by all parties heretothe party against whom the waiver is being enforced.

Appears in 1 contract

Samples: Henry Schein One Electronic Commerce Services Terms and Conditions

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of of, or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights rights, or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Jaguar Health, Inc.)

No Waiver. The failure of Failure by either party hereto to enforce at any time for any period the provisions of term or any rights deriving from condition under this Agreement agreement shall not never be construed considered to be a waiver of such provisions or rights or the right to act on the failure of such party term or condition and shall not impair or waive that party's right thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery term and condition of this agreement.

Appears in 1 contract

Samples: Gargoyles Inc

No Waiver. The failure of Failure by either party to enforce at any time or for any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and shall in no waiver shall be binding unless executed in writing by all parties heretoway affect that party's right to later enforce the provisions.

Appears in 1 contract

Samples: Contract Revenues Agreement (Solar Power, Inc.)

No Waiver. The failure of either any party to enforce at any time or for any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such the party thereafter to enforce such provisions, and no provision. The waiver of any default or the failure to exercise any right shall not be binding unless executed in writing by all parties heretodeemed a waiver of any subsequent default or waiver of the right to exercise any other right.

Appears in 1 contract

Samples: Asset Purchase Agreement (CTB International Corp)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.. ​

Appears in 1 contract

Samples: Trademark License Agreement (Runway Growth Finance Corp.)

No Waiver. The failure of either party by a Party to enforce at any time or for any period of time any provision of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions that provision or rights or of the right of such party the Party thereafter to enforce any such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 1 contract

Samples: Preliminary Sale and Purchase Agreement (Hines Global REIT, Inc.)

No Waiver. The failure of either party Party to enforce at any time for any period of the provisions or terms of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions provision or rights or term, nor the right of such party any Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoterm or provision.

Appears in 1 contract

Samples: Kinetic Bridging® Technique Program Participant Agreement

No Waiver. The failure of either party Party to enforce at assert any time for any period the provisions of or any its rights deriving from under this Agreement shall not be construed deemed to be constitute a waiver of such provisions or rights or the right of such party by that Party thereafter to enforce such provisions, each and no waiver shall be binding unless executed every provision of this Agreement in writing by all parties heretoaccordance with its terms.

Appears in 1 contract

Samples: Marketplace Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any said party’s rights deriving from under this Agreement shall not be construed to be deemed a continuing waiver of and said party may, within such provisions or rights or the right of such party thereafter to time as provided by applicable law, enforce such provisions, any and no waiver shall be binding unless executed in writing by all parties heretorights.

Appears in 1 contract

Samples: Sponsorship Agreement

No Waiver. The Except as and to the extent expressly provided herein, (a) the failure of either party any Party hereto to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not in no way be construed as a waiver of any of such provisions, or the right of any party thereafter to enforce each and every such provision, and (b) no waiver of any breach of this Agreement shall be held to be a waiver of such provisions any other or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.subsequent breach. Section 12.12

Appears in 1 contract

Samples: Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 1 contract

Samples: Master Services Agreement (Exelixis Inc)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.provisions.‌

Appears in 1 contract

Samples: License and Supply Agreement

No Waiver. The failure of either party Party to enforce its rights under this Agreement at any time for any period the provisions of or any rights deriving from this Agreement shall will not be construed to be as a waiver of such provisions or rights or the right rights. No waiver of such party thereafter to enforce such provisions, and no waiver shall any provision of this Agreement will be binding effective unless executed in writing signed by all parties heretothe waiving Party. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Services Agreement (Bluefly Inc)

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