Common use of No Waiver Clause in Contracts

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 450 contracts

Samples: Employment Agreement, Employment Transition Agreement (Extraction Oil & Gas, Inc.), Employment Agreement (Extraction Oil & Gas, Inc.)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 190 contracts

Samples: Change in Control Severance Agreement (REV Group, Inc.), Change in Control Employment and Severance Agreement (Mayville Engineering Company, Inc.), Executive Employment Agreement (Pluralsight, Inc.)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 94 contracts

Samples: Executive Employment Agreement (United Stationers Inc), Executive Employment Agreement (United Stationers Inc), Executive Employment Agreement (Essendant Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar any provisions or conditions at the same or at any prior or subsequent time of this Agreement.

Appears in 55 contracts

Samples: Confidentiality Agreement, datasets.opentestset.com, Employment Agreement (RigNet, Inc.)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (ii) preclude insistence upon strict compliance in the future.

Appears in 51 contracts

Samples: Separation Agreement (Seneca Gaming Corp), Employment Agreement (Investools Inc), Separation and Consulting Agreement (Seneca Gaming Corp)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party hereto of, or to require compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 35 contracts

Samples: Severance Agreement (Federal Home Loan Bank of Pittsburgh), Severance Agreement (Federal Home Loan Bank of Indianapolis), Severance Benefit Agreement (Exterran Corp)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this the Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 24 contracts

Samples: Executive Employment Agreement (Gen 2 Media CORP), Executive Employment Agreement (Gen 2 Media CORP), Executive Employment Agreement (Gen 2 Media CORP)

No Waiver. No failure by either party hereto at any time to give notice of to any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 17 contracts

Samples: Amended and Restated Employment Agreement (Expressjet Holdings Inc), Amended and Restated Employment Agreement (Expressjet Holdings Inc), Employment Agreement (Expressjet Holdings Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, of or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 16 contracts

Samples: Employment Agreement (Atomera Inc), Employment Agreement (Atomera Inc), Employment Agreement (Atomera Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party hereto of, or to require compliance with, any condition or provision of this Agreement shall to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 15 contracts

Samples: Executive Employment Agreement (Princeton Review Inc), Executive Employment Agreement (Princeton Review Inc), Executive Employment Agreement (Princeton Review Inc)

No Waiver. No failure by either any party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 14 contracts

Samples: Transition and Resignation Agreement (Spark Energy, Inc.), Transition and Resignation Agreement (Spark Energy, Inc.), Transition and Separation Agreement (Berry Corp (Bry))

No Waiver. No failure by either party hereto at any time anytime to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 14 contracts

Samples: Group 1 Automotive Inc, Employment Agreement (Group 1 Automotive Inc), Employment Agreement (Group 1 Automotive Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 13 contracts

Samples: Amended and Restated Executive Employment Agreement (Eclipse Resources Corp), Amended and Restated Executive Employment Agreement (Eclipse Resources Corp), Amended and Restated Executive Employment Agreement (Eclipse Resources Corp)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Award Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 12 contracts

Samples: Inducement Award Agreement (Constellation Energy Partners LLC), Inducement Award Agreement (Constellation Energy Partners LLC), Inducement Award Agreement (Constellation Energy Partners LLC)

No Waiver. No failure by either party hereto Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (ii) preclude insistence upon strict compliance in the future.

Appears in 11 contracts

Samples: Separation and Release Agreement (Ion Geophysical Corp), Confidential Separation Agreement and Release (Frank's International N.V.), Confidential Separation Agreement and Release (Frank's International N.V.)

No Waiver. No failure by either party Party hereto at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 11 contracts

Samples: Confidentiality and Non Compete Agreement (Group 1 Automotive Inc), Employment Agreement (Nine Energy Service, Inc.), Severance Benefit Agreement (Cobalt International Energy, Inc.)

No Waiver. No Company’s or Executive’s failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall not be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 8 contracts

Samples: Severance Rights Agreement (Annaly Capital Management Inc), Severance Rights Agreement (Annaly Capital Management Inc), Severance Rights Agreement (Annaly Capital Management Inc)

No Waiver. No failure by either party hereto at any time to give provide notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 8 contracts

Samples: Employment Agreement (Cardtronics PLC), Employment Agreement (Cardtronics PLC), Employment Agreement (Cardtronics PLC)

No Waiver. No failure waiver by either party hereto Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 7 contracts

Samples: Change of Control Employment Agreement (Belden CDT Inc.), Termination of Employment Agreement (Desert Hawk Gold Corp.), Termination of Consulting Agreement (Desert Hawk Gold Corp.)

No Waiver. No failure waiver by either any party hereto at any time to give notice of any breach by the other another party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 6 contracts

Samples: Employment Agreement (Anchor Bancorp Wisconsin Inc), Key Executive Employment and Severance Agreement (Anchor Bancorp Wisconsin Inc), Key Executive Employment and Severance Agreement (Anchor Bancorp Wisconsin Inc)

No Waiver. No failure by either party hereto any Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 5 contracts

Samples: Lilis Energy, Inc., Lilis Energy, Inc., Lilis Energy, Inc.

No Waiver. No failure by either any party hereto at any time to give notice of any breach by the other another party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 5 contracts

Samples: Employment Agreement (Taylor & Martin Group Inc), Employment Agreement (Taylor & Martin Group Inc), Amended and Restated Employment Agreement (Taylor & Martin Group Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar conditions or provisions or conditions at the same or at any prior or subsequent time.

Appears in 5 contracts

Samples: Employment Agreement (Quad/Graphics, Inc.), Employment Agreement (Quad/Graphics, Inc.), Employment Agreement (Quad/Graphics, Inc.)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by of the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 5 contracts

Samples: Deferred Compensation Plan (Marshall & Ilsley Corp/Wi/), Marshall & Ilsley Corp/Wi/, Marshall & Ilsley Corp/Wi/

No Waiver. No failure by either party any Party hereto at any time to give notice of any breach by the any other party Party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 4 contracts

Samples: Separation Agreement and Release (ProPetro Holding Corp.), Separation Agreement and Release (ProPetro Holding Corp.), Separation and Release Agreement (Midstates Petroleum Company, Inc.)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 4 contracts

Samples: Constitutes the Entire Agreement (Newfield Exploration Co /De/), Consulting and Retirement Agreement (Randalls Food Markets Inc), Split Dollar Life Insurance Agreement (Randalls Food Markets Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party 12 13 shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 4 contracts

Samples: Employment Agreement (Corrpro Companies Inc /Oh/), Corrpro Companies Inc /Oh/, Corrpro Companies Inc /Oh/

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision provisions of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 4 contracts

Samples: Constitutes the Entire Agreement (Ridgestone Financial Services Inc), Constitutes the Entire Agreement (Ridgestone Financial Services Inc), Employment Agreement (Ridgestone Financial Services Inc)

No Waiver. No failure by either a party hereto at any time to give notice of any breach by the other another party of, or to require compliance with, any condition or provision of this Agreement shall be deemed to be a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 3 contracts

Samples: Separation and Consulting Agreement (Hi-Crush Partners LP), Retirement and Consulting Agreement (Friedman Industries Inc), Separation Agreement and Release (Chicago Bridge & Iron Co N V)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (ii) preclude insistence upon strict compliance in the future.

Appears in 3 contracts

Samples: Confidential Severance Agreement (Team Inc), Restricted Stock Unit Award Agreement (Team Inc), Release Agreement (Team Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (b) preclude insistence upon strict compliance in the future.

Appears in 3 contracts

Samples: Separation Agreement (Criimi Mae Inc), Transition Agreement and Release (Phoenix Consulting Group, LLC), Separation Agreement and Mutual Release (Cole National Group Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or to subsequent time.

Appears in 3 contracts

Samples: Diamond S Shipping Inc., Diamond S Shipping Inc., Diamond S Shipping Inc.

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 3 contracts

Samples: Employment Agreement (Tanox Inc), Consulting Agreement (Powell Industries Inc), Offshore Logistics Inc

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 3 contracts

Samples: Key Executive Employment and Severance Agreement (Cornerstone Bancshares Inc), Key Executive Employment and Severance Agreement (Cornerstone Bancshares Inc), Key Executive Employment and Severance Agreement (Cornerstone Bancshares Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party hereto of, or to require compliance with, any condition or provision of this Agreement to be performed 7 8 by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 3 contracts

Samples: Stock Appreciation Rights Agreement (FWT Inc), Stock Appreciation Rights Agreement (FWT Inc), Stock Appreciation Rights Agreement (FWT Inc)

No Waiver. No failure by either party hereto any Party at any time to give notice of any breach by the other party another Party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (b) preclude insistence upon strict compliance in the future.

Appears in 2 contracts

Samples: Transition and Separation Agreement (Frank's International N.V.), Separation Agreement (Frank's International N.V.)

No Waiver. No failure by either party hereto any Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement or the Confirming Release shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Release Agreement (Talos Energy Inc.), Release Agreement (Talos Energy Inc.)

No Waiver. No failure by either party any Party hereto at any time to give notice of any breach by the any other party Party of, or to require compliance with, any condition or provision of this Agreement or the Confirming Release shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Transition Agreement (Cirrus Logic, Inc.), Separation Agreement and Release (ProPetro Holding Corp.)

No Waiver. No failure by either party hereto Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Separation and Release Agreement (Concho Resources Inc), Separation Agreement (Regency Energy Partners LP)

No Waiver. No failure by either party Party hereto at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (b) preclude insistence upon strict compliance in the future.

Appears in 2 contracts

Samples: Transition Agreement and Release (Wet Seal Inc), Separation Agreement (Aventine Renewable Energy Holdings Inc)

No Waiver. No failure by either party Party hereto at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (ii) preclude insistence upon strict compliance in the future.

Appears in 2 contracts

Samples: Deferred Bonus Agreement (Nabors Industries LTD), Executive Employment Agreement (Analytical Surveys Inc)

No Waiver. No failure by either party Party hereto at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time , or (ii) preclude insistence upon strict compliance in the future.

Appears in 2 contracts

Samples: Consulting Agreement (Sunoco LP), Consulting Agreement (Sunoco LP)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver wavier of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (Grant Geophysical Inc), Employment Agreement (Grant Geophysical Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision provisions of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (Edge Petroleum Corp), Employment Agreement (Edge Petroleum Corp)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by --------- the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 2 contracts

Samples: Notice (Fiserv Inc), Notice (Fiserv Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or any failure by the other party to require compliance comply with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 2 contracts

Samples: Definitive Acquisition Agreement (Worldport Communications Inc), Deferred Compensation Plan (Worldport Communications Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions condition at the same time or at any prior or subsequent time.

Appears in 2 contracts

Samples: Employment Agreement (Acceptance Insurance Companies Inc), Employment Agreement (Acceptance Insurance Companies Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of party, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 2 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement

No Waiver. No The Company’s or the Employee’s failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall not be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 2 contracts

Samples: Executive Employment Agreement (Argo Group International Holdings, Ltd.), Executive Employment Agreement (Argo Group International Holdings, Ltd.)

No Waiver. A party's failure to insist on strict compliance with any provision of this Agreement or the failure to assert any right the party may have hereunder, shall not be deemed to be a waiver of such provision or right. No failure waiver by either a party hereto at any time to give notice of any breach by the other party of, provision or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or and conditions at the same time or any prior or subsequent time or of that provision or condition at any prior or subsequent time.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aris Industries Inc)

No Waiver. No failure by Failure of either party hereto at any time to give notice of any breach by the other party of, or failure to require compliance with, any condition or provision of this Agreement shall not be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Agreement and Plan of Merger (System Energy Resources Inc)

No Waiver. No failure by either party hereto any Party at any time to give notice of any breach by the any other party Party of, or to require compliance with, any condition or provision of this Agreement or the Release shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Separation Agreement (Frank's International N.V.)

No Waiver. No failure by either party hereto any Party at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Separation Agreement and Release of Claims (Contango Oil & Gas Co)

No Waiver. No failure by either party any Party hereto at any time to give notice of any breach by the other party another Party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Monday LTD

No Waiver. No failure by either party any Party hereto at any time to give notice of any breach by the any other party Party of, or to require compliance with, any condition or provision of this Agreement or, if applicable, the Confirming Release shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Separation Agreement and Mutual Release (ProPetro Holding Corp.)

No Waiver. No failure by either any party hereto at any time to give notice of any breach by the other party parties of, or to require compliance with, with any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Separation Agreement and General Release of Claims (Blueknight Energy Partners, L.P.)

No Waiver. No failure by either any party hereto at any time to give notice of any breach by the other party parties of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Separation Agreement and General Release of Claims (Roan Resources, Inc.)

No Waiver. No failure by either any party hereto at any time to give notice of any breach by the any other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (United Air Lines Inc)

No Waiver. No failure by either any party hereto at any time to give notice of any breach by the any other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Noncompetition Agreement (Pci Carolina Inc)

No Waiver. No failure by either any party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Convergence Ethanol, Inc.

No Waiver. No failure by either party hereto Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed a EXHIBIT 10.1 waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (b) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Retirement and Restrictive Covenant Agreement (Newpark Resources Inc)

No Waiver. No failure by either party hereto Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (b) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Retirement Agreement and General Release (Newpark Resources Inc)

No Waiver. No failure by either party Party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (ii) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Separation Agreement (Granite Broadcasting Corp)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time , or (b) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Separation Agreement (Fusion Connect, Inc.)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Consulting Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (ii) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Agreement for Consulting Services (Team Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, of or to require compliance with, any condition or provision of this Agreement shall will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Energy Hunter Resources, Inc.)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any a condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar any provisions or conditions of this Agreement at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Severance Agreement (Brickman Group LTD)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (b) preclude insistence upon strict compliance with such provision and/or the other terms of this Agreement in the future.

Appears in 1 contract

Samples: Separation Agreement (ALTERRA CAPITAL HOLDINGS LTD)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (a) be deemed to be a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (b) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Proprietary Information Agreement (Flag Telecom Group LTD)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time , or (ii) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Independent Contractor Agreement (Dynegy Inc.)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time , except as specifically provided in the last sentence of paragraph 5.2.

Appears in 1 contract

Samples: Anadarko Petroleum Corp

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time . . -11- 12

Appears in 1 contract

Samples: Amended and Restated Employment Agreement (Marine Drilling Companies Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Definitive Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time time or (ii) preclude insistence upon strict compliance in the future.

Appears in 1 contract

Samples: Amended and Restated Separation Agreement (Nx Networks Inc)

No Waiver. No failure by either party hereto at any time to give notice of any breach by of the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Separation and Release Agreement (Plains All American Pipeline Lp)

No Waiver. No failure by either party hereto at any time to give notice of to any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time . . -17- 18

Appears in 1 contract

Samples: Expressjet Holdings Inc

No Waiver. No failure waiver by either any party hereto at any time to give notice of any breach by the other any party hereto of, or to require compliance with, any condition or provision of this Agreement to be performed by any such party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Realco Inc /Nm/

No Waiver. No failure waiver by either cither party hereto at any time to give notice of any breach by the die other party of, or to require compliance with, any condition or provision of this diis Agreement to be performed by die other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (OxySure Systems Inc)

No Waiver. No failure waiver by either party hereto Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement to be performed by 7 8 such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Statement of Agreement (FWT Inc)

No Waiver. No failure waiver by either party hereto Party at any time to give notice of any breach by the other party Party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time . . 17

Appears in 1 contract

Samples: Invention Assignment and Confidentiality Agreement (Belden Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by --------- the other party of party, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Caprius Inc

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the --------- other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Proprietary Information and Inventions Agreement (Amgen Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall to be performed by the other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.

Appears in 1 contract

Samples: Employment Agreement (Perpetual Technologies, Inc.)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party of, or to require in compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar any other provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Compensation Modification Agreement (Premierwest Bancorp)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach breath by the other party of, or to require compliance with, any condition or provision of this Agreement to be performed by the other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (United Stationers Inc)

No Waiver. No failure waiver by either party hereto at any time to give notice of any breach by the other party hereto of, or to require compliance with, any condition or provision of this Amended Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Severance Agreement (Federal Home Loan Bank of Pittsburgh)

No Waiver. No failure waiver by either party hereto the Company or any Executive, as the case may be, at any time to give notice of any breach by the other party of, or to require of any lack of compliance with, any condition or provision of this Agreement the Plan to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Retention Bonus (TAL International Group, Inc.)

No Waiver. No The Company’s or Executive’s failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall not be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Executive Employment Agreement (Argo Group International Holdings, Ltd.)

No Waiver. No The failure by either party Party hereto at any time to give notice of any breach by the other party of Party, or to require compliance with, with any condition or provision of this Agreement shall not be deemed a waiver of said breach or non-compliance, or of any similar or dissimilar provisions or conditions at the same same, or at any prior or subsequent time.

Appears in 1 contract

Samples: Independent Contractor Agreement