Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 32 contracts
Sources: Unit Purchase Agreement (Generation Income Properties, Inc.), Master Transfer Agreement (Comstock Holding Companies, Inc.), Contribution and Exchange Agreement (Harvest Health & Recreation Inc.)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege conferred in this Agreement conferredAgreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 24 contracts
Sources: Plan and Agreement of Merger (Qrons Inc.), Plan and Agreement of Merger (Qrons Inc.), Merger Agreement (Bowmo, Inc.)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.
Appears in 19 contracts
Sources: Agreement Among Stockholders (Transmedia Network Inc /De/), Stock Purchase Agreement (Englobal Corp), Asset Purchase Agreement (Styling Technology Corp)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty. A breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.
Appears in 17 contracts
Sources: Acquisition Agreement, Purchase and Sale Agreement, Share Exchange Agreement (DPW Holdings, Inc.)
Non-Waiver. The failure in any one or more instances of a party Party ---------- hereto to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, Agreement shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 13 contracts
Sources: Asset Purchase Agreement (Superior Trucks & Auto Supply Inc), Asset Purchase Agreement (Superior Trucks & Auto Supply Inc), Stock Purchase Agreement (City Truck Holdings Inc)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 13 contracts
Sources: License Agreement (Photronics Inc), Asset Purchase Agreement, Exclusive Marketing Agreement (LQR House Inc.)
Non-Waiver. The failure in any one or more instances of a party hereto to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, Agreement shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 13 contracts
Sources: Asset Purchase Agreement (Restaurant Concepts of America Inc.), Asset Purchase Agreement (Millennia Inc), Asset Purchase Agreement (WQN, Inc.)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Merger Agreement, to exercise any right or privilege conferred in this Agreement conferredMerger Agreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Merger Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 9 contracts
Sources: Merger Agreement (Bowmo, Inc.), Merger Agreement (Bowmo, Inc.), Merger Agreement (Genesis Electronics Group, Inc.)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege conferred in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Eventures Group Inc), Employment and Noncompetition Agreement (Eventures Group Inc), Employment Agreement (Bionutrics Inc)
Non-Waiver. The failure in any one or more instances of a party Party hereto to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, Agreement shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 5 contracts
Sources: Asset Purchase Agreement (Camber Energy, Inc.), Asset Purchase Agreement (Lucas Energy, Inc.), Asset Purchase Agreement
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this AgreementLease, to exercise any right or privilege in conferred by this Agreement conferredLease, or the waiver by said such party of any breach of any of the terms, covenants or conditions of this AgreementLease, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 4 contracts
Sources: Ground Lease Agreement (Listerhill Total Maintenance Center LLC), Ground Lease Agreement (Listerhill Total Maintenance Center LLC), Ground Lease Agreement (Listerhill Total Maintenance Center LLC)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No Except as provided in Section 9.4(a), no waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 4 contracts
Sources: Equity Purchase Agreement (Craft Brewers Alliance, Inc.), Equity Purchase Agreement (Anheuser-Busch Companies, Inc.), Stock Purchase Agreement (Blount International Inc)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement herein conferred, or the waiver by said party such Party of any breach of any of the terms, covenants or conditions of this Agreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of ▇▇▇▇▇▇▇▇▇ and the waiving partyEquityholder Representative.
Appears in 4 contracts
Sources: Merger Agreement (Revelyst, Inc.), Merger Agreement (Outdoor Products Spinco Inc.), Agreement and Plan of Merger (Outdoor Products Spinco Inc.)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said such party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 4 contracts
Sources: Merger Agreement (Nano-X Imaging Ltd.), Stock Purchase Agreement (Trimble Inc.), Merger Agreement (Medovex Corp.)
Non-Waiver. The failure in any one anyone or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege conferred in this Agreement conferredAgreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 3 contracts
Sources: Merger Agreement (Usurf America Inc), Agreement and Plan of Reorganization (Usurf America Inc), Business Purchase Agreement (Usurf America Inc)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A breach of any Warranty or covenant shall not be affected by the fact that a more general or more specific Warranty or covenant was not also breached.
Appears in 3 contracts
Sources: Loan Agreement (Ridgewood Electric Power Trust V), Sale and Purchase Agreement (Ridgewood Power Growth Fund /Nj), Sale and Purchase Agreement (Ridgewood Electric Power Trust V)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No Except as expressly provided herein, no waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 3 contracts
Sources: Equity Purchase Agreement (Inpixon), Merger Agreement (Research Solutions, Inc.), Merger Agreement (Research Solutions, Inc.)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights right or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Quovadx Inc), Asset Purchase Agreement (API Nanotronics Corp.), Inventory Purchase Agreement (Watson Pharmaceuticals Inc)
Non-Waiver. The failure in any one or more instances of a party hereto to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 3 contracts
Sources: Contribution Agreement (KMF Investments Partners Lp), Contribution Agreement (West Family Investments, Inc.), Contribution Agreement (Mitchell Noah Malone III)
Non-Waiver. The failure in any one or more instances of a party to ---------- insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 3 contracts
Sources: Supply Agreement (Royster-Clark Nitrogen Realty LLC), Supply Agreement (Royster-Clark Nitrogen Realty LLC), Supply Agreement (Royster-Clark Nitrogen Realty LLC)
Non-Waiver. The failure in any one or more instances of a party ---------- to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.
Appears in 2 contracts
Sources: Stockholders' Agreement (Zell Samuel), Co Sale and Voting Agreement (Minotaur Partners Ii Lp)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said party such Party of any breach of any of the terms, covenants or conditions of this Agreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Autoliv Inc), Stock Purchase Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said party such Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (Strategic Hotels & Resorts, Inc), Membership Interest Purchase Agreement (Strategic Hotels & Resorts, Inc)
Non-Waiver. The failure in any one or more instances of a party hereto to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege conferred in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Sources: Escrow Agreement (Outsource International Inc), Securities Purchase Agreement (Outsource International Inc)
Non-Waiver. The failure in of any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, Agreement shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Sources: Stock Exchange Agreement and Agreement and Plan of Merger (National Techteam Inc /De/), Merger Agreement (National Techteam Inc /De/)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Miller Herman Inc), Purchase Agreement (Miller Herman Inc)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights right, or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Sources: Asset Purchase Agreement (First Quantum Ventures Inc), Asset Sale/Purchase Agreement (Inuvo, Inc.)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said party such Party of any breach of any of the terms, covenants or conditions of this Agreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of Purchaser and the waiving partyCompany (if prior to the Closing) or the Representative (if after the Closing).
Appears in 2 contracts
Sources: Merger Agreement (Vertex Pharmaceuticals Inc / Ma), Merger Agreement (Carbonite Inc)
Non-Waiver. The failure by a party in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right rights or privilege privileges conferred in this Agreement conferredAgreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Sources: Non Solicitation and Non Competition Agreement (Berkshire Hills Bancorp Inc), Separation Agreement (Berkshire Hills Bancorp Inc)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said such party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Tekgraf Inc), Warrant Purchase Agreement (Gray Television Inc)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege conferred in this Agreement conferredAgreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall shall- be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 2 contracts
Sources: Merger Agreement (VCG Holding Corp), Merger Agreement (VCG Holding Corp)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty, and then only to the extent stated in such writing.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said party such Party of any breach of any of the terms, covenants or conditions of this Agreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of the waiving partyParty, or in the case of any Seller after the Closing, the Representative.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party ---------- to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same this Agreement shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Asset Purchase Agreement (Danka Business Systems PLC)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said party such Party of any breach of any of the terms, covenants or conditions of this Agreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of the waiving partyPurchaser and Company.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this AgreementRelease, to exercise any right or privilege in this Agreement Release conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this AgreementRelease, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights right or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Membership Interest and Asset Purchase Agreement (Mack Cali Realty L P)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights right or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 1 contract
Sources: Sales Contract (Sulphco Inc)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the termstem1s, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such termstem1s, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach Breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Stock Purchase Agreement (Herley Industries Inc /New)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver wavier of any such terms, covenants, conditions, rights right or privileges, but the same shall continue and remain in remaining full force and effect as if no such forbearance or waiver wavier had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants covenants, conditions, rights or conditions privileges of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach Breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A Breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement herein conferred, or the waiver by said party such Party of any breach of any of the terms, covenants or conditions of this Agreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of Purchaser and the waiving partyEquityholder Representative.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this AgreementModification, to exercise any right or privilege in this Agreement Modification conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this AgreementModification, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall must not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be is effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure in any one anyone or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Merger Agreement, to exercise any right or privilege conferred in this Agreement conferredMerger Agreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Merger Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Merger Agreement (Usurf America Inc)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or and conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or and conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty. A breach of any representation, warranty, covenant or agreement shall not be affected by the fact that a more general or more specific representation, warranty, covenant or agreement was not also breached.
Appears in 1 contract
Sources: Purchase Agreement (Englobal Corp)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or to privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had has occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure of any party to insist on performance of any term, covenant or condition hereunder or to exercise any right or privilege conferred in this Agreement in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred, nor shall the same be construed as a novation of this Agreement. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure in any one anyone or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. No other course of dealing between or among any of the parties hereto or any delay in exercising any rights pursuant to this Agreement will operate as a waiver of any rights of any party.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege conferred in this Agreement conferredAgreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure in any one (1) or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said such party of any breach of any of the terms, covenants or conditions of this Agreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of the waiving party, and no waiver of any of the provisions of this Agreement will be deemed or will constitute a waiver of any other provision, whether or not similar.
Appears in 1 contract
Sources: Asset and Equity Purchase Agreement (Gsi Group Inc)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege conferred in this Agreement conferred, Agreement; or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Halifax Corp)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty. Any amendments, or alternative or supplementary provisions, to this Agreement must be made in writing and duly executed by an authorized representative or agent of each of the parties hereto.
Appears in 1 contract
Sources: Securities Purchase Agreement (Career Education Corp)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 1 contract
Sources: Contingent Trade Secret License Agreement (Physicians Formula Holdings, Inc.)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed duly executed by an authorized representative of the waiving partyParty.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Stewart Information Services Corp)
Non-Waiver. The failure in any one or more instances of a ---------- party hereto to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, Agreement shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the termstem1s, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 1 contract
Non-Waiver. The Except as expressly provided herein, (a) the failure in by any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, or to exercise any right or privilege in this Agreement conferred, or (b) the waiver by said such party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same and this Agreement shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in a writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Manufacturing Services and Supply Agreement (Flexible Solutions International Inc)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in conferred by this Agreement conferredAgreement, or the waiver by said such party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Environmental Cooperation Agreement (Listerhill Total Maintenance Center LLC)
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative Representative of the waiving partyParty, and then only to the extent stated in such writing.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party Party to insist upon performance of any of the terms, covenants or conditions of this Agreementagreement, to exercise any right or privilege in this Agreement agreement conferred, or the waiver by said party Party of any breach of any of the terms, covenants or conditions of this Agreementagreement, shall will not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall will continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall will be effective unless it is in writing and signed by an authorized representative of the waiving partyParty.
Appears in 1 contract
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
Appears in 1 contract
Sources: Shared Manufacturing and Facilities Agreement (Boonton Electronics Corp)
Non-Waiver. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Agreement, Agreement or to exercise any right or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party. A breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.
Appears in 1 contract
Sources: Master Lease Assignment Agreement (Innkeepers Usa Trust/Fl)