No Wavier. No term or condition of this Agreement shall be deemed to have been waived nor shall there be any estoppel to enforce any provisions of this Agreement, except by a statement in writing signed by the party against whom enforcement of the waiver or estoppel is sought. Any written waiver shall not be deemed a continuing waiver unless specifically stated, shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.
No Wavier. No delay or omission by the Company in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by the Company on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
No Wavier. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement will impair any such right, power, or remedy of either party; nor will such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default thereafter.
No Wavier. No waiver by any party of any breach or failure to comply with any provision of this Agreement shall be effective unless in writing and signed by the party granting such waiver, nor shall any such waiver be construed as, or constitute, a continuing waiver of such provision or a waiver of any other breach of, or failure to comply with, any other provision of this Agreement.
No Wavier. Unless expressed in writing to the Customer, failure or delay by Xxxxxxx’x Petroleum in exercising any right, power or privilege available to it will not operate as a waiver thereof nor will the exercise by Xxxxxxx’x Petroleum of any other right, power or privilege prevent it from exercising any other rights, powers or privileges available to it.
No Wavier. No waiver of any provisions of this Agreement shall be deemed to constitute a waiver of any other provision of the Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder.
No Wavier. Nothing contained herein shall be construed as a waiver by Lender of: (a) any of its rights and remedies under the Supplement, Master Loan Agreement, the Loan Documents, at law or in equity; or (b) CAS’s continued compliance with each representation, warranty, covenant and provision of the Supplement, the Master Loan Agreement and the other Loan Documents. CAS acknowledges and agrees that no waiver of any provision of the Master Loan Agreement or the other Loan Documents by Lender has occurred and that nothing contained herein shall impair the right of Lender to require strict performance by CAS of the Supplement, the Master Loan Agreement and the other Loan Documents. Further, CAS acknowledges and agrees that no delay by Lender in exercising any right, power or privilege under the Supplement, the Master Loan Agreement or any other Loan Document shall operate as a waiver thereof, and no single or partial exercise of any right, power or privilege thereunder shall preclude other or further exercise thereof or the exercise of any other right, power or privilege.
No Wavier. The failure of either party to insist upon the strict compliance with the provisions of this Agreement, is not a waiver of any of the provisions of this Agreement in respect of any subsequent or continuing breach of this Agreement, nor a waiver of the right to require strict compliance with the provisions of this Agreement.
No Wavier. (a) A provision of, or a right created by this Agreement may not be waived except in writing signed by the party granting the waiver.
No Wavier. Any waiver by the Company of a breach of any provision of this Consulting Agreement hereto shall not operate or be construed as a waiver of any subsequent breach.
