Common use of Non-Waiver Clause in Contracts

Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 126 contracts

Samples: Interconnection and Reciprocal Compensation Agreement, Agreement, Wireless Interconnection and Reciprocal Compensation Agreement

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Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege. By entering into this Agreement neither Party waives any rights granted to them pursuant to the Act.

Appears in 11 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Non-Waiver. Failure of either Party to insist on the performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 9 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Essential Facilities Agreement

Non-Waiver. Failure The failure of either Party party to insist insist, in any one or more instances, on the performance of any term of the terms, covenants, or condition conditions of this Agreement Agreement, or to exercise any right or privilege hereunder of its rights, shall not be construed as a continuing waiver or future waiver relinquishment of such term, conditioncovenant, condition or right or privilegewith respect to further performance.

Appears in 8 contracts

Samples: Agreement, Agreement, 34.236.106.0

Non-Waiver. 34.1 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 6 contracts

Samples: Paging Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Non-Waiver. Failure The failure of either Party party to insist on upon or enforce strict performance by the other party of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder shall rights hereunder, should not be construed as a continuing waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 5 contracts

Samples: Engineering Services Agreement, Replacement Services Agreement, Engineering Services Agreement

Non-Waiver. 35.1 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 4 contracts

Samples: Paging Facilities Agreement, Paging Interconnection Agreement, Paging Interconnection Agreement

Non-Waiver. Failure The failure of either Party party to insist on upon the performance of any term or condition provision of this Agreement or to exercise any right or privilege hereunder herein conferred shall not be construed as a continuing waiver or relinquishment of the party's right to assert or rely upon any such term or right on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 4 contracts

Samples: Dna Specimen Repository Agreement (Genelink Inc), Dna Specimen Repository Agreement (Genelink Inc), Dna Specimen Repository Agreement (Genelink Inc)

Non-Waiver. Failure The failure of either Party to insist on upon or enforce, in any instance, performance by the other Party of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder rights conferred herein shall not be construed as a continuing waiver or relinquishment of its rights to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 3 contracts

Samples: Shared Services Agreement (Enexus Energy CORP), Corporate Services Agreement (Enexus Energy CORP), Shared Services Agreement (Enexus Energy CORP)

Non-Waiver. Failure Any failure of either Party to insist on upon or enforce performance by the other Party of any term or condition of the provisions of this Agreement or to exercise any right rights or privilege hereunder shall remedies under this Agreement will not be interpreted or construed as a continuing waiver or future waiver relinquishment of such term, conditionParty’s right to assert or rely upon such provision, right or privilegeremedy in that or any other instance.

Appears in 3 contracts

Samples: License Agreement, User License Agreement, Software and Subscription Agreement

Non-Waiver. Failure of either Party party to insist on performance of any term or condition of this Agreement Contract or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right right, or privilege.

Appears in 2 contracts

Samples: Wellcare Health Plans, Inc., Amerigroup Corp

Non-Waiver. Failure of The failure by either Party party to insist on performance of upon or enforce any term or condition of this Agreement or to exercise any right or privilege hereunder herein granted shall not be construed as a continuing waiver or relinquishment to any extent of its right to assert or rely upon such term or right on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 2 contracts

Samples: Combination Agreement (Concho Resources Inc), Transition Services Agreement (Concho Resources Inc)

Non-Waiver. Failure of either Party to insist on performance of or delay in exercising any term right, power or condition privilege in respect of this Agreement or to exercise any right or privilege hereunder by a Party shall not be construed as constitute a continuing or future waiver of such termthe right, condition, right power or privilegepriorities concerned.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Non-Waiver. Failure The failure or refusal of either a Party to insist on upon the strict performance of any term or condition provision of this the Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing waiver or future waiver relinquishment of such term, condition, right provision or privilegeright.

Appears in 2 contracts

Samples: Master Equipment Rental Agreement, Master Equipment Rental Agreement

Non-Waiver. Failure of either The failure by any Party to insist on upon or enforce ---------- strict performance by the other party of any term or condition of the terms of this Agreement or to exercise any right or privilege rights hereunder shall not be construed as a continuing waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 1 contract

Samples: Consulting Agreement (Identix Inc)

Non-Waiver. Failure The failure of either Party party to insist insist, in any one or more instances, on compliance with or performance of any term of the terms, promises or condition conditions of this Agreement Agreement, or to exercise any right or privilege hereunder of its rights, shall not be construed as a continuing waiver or future waiver relinquishment of such term, conditionpromise, condition or right with respect to further compliance with or privilegeperformance.

Appears in 1 contract

Samples: Separation and Release Agreement (Vse Corp)

Non-Waiver. Failure The failure of either Party any party to insist on in any one or more instances upon strict performance of any term or condition obligation of another party under this Agreement or to exercise any right or privilege hereunder Lease shall not be construed as deemed to be a continuing or future waiver of the performance of any such term, condition, right obligation or privilegea relinquishment of any rights hereunder for the future.

Appears in 1 contract

Samples: Berthing and Mooring Lease Agreement

Non-Waiver. Failure of either Party to insist on the performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right fight or privilege.

Appears in 1 contract

Samples: Interconnection Agreement

Non-Waiver. Failure The failure of either Party party to insist on upon or enforce, in any instance, strict performance by the other of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder rights herein conferred shall not be construed as a continuing waiver or relinquishment to any extent of its rights to assert or rely upon any such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 1 contract

Samples: Distributor Purchase and Sales Agreement (Fuse Medical, Inc.)

Non-Waiver. Failure The failure of either any Party to insist on demand strict performance of any term or condition all of the terms of this Agreement Agreement, or to exercise any right or privilege hereunder all rights conferred by this Agreement, shall not be construed as a continuing waiver or future waiver relinquishment of that party’s right to assert or rely upon any such term, condition, right or privilegein the future.

Appears in 1 contract

Samples: Mutual Confidentiality Agreement (Save the World Air Inc)

Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 1 contract

Samples: Intercokkection Agreement

Non-Waiver. Failure of either Party to insist on the performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 1 contract

Samples: Interconnection Agreement

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Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 1 contract

Samples: Interconnection Agreement

Non-Waiver. Failure The failure of either Party party to insist insist, in any one or more instances, on the performance of any term of the terms, covenants, or condition conditions of this Agreement Agreement, or to exercise any right or privilege hereunder of its rights, shall not be notbe construed as a continuing waiver or future waiver relinquishment of such term, conditioncovenant, condition or right or privilegewith respect to further performance.

Appears in 1 contract

Samples: www.pgcc.edu

Non-Waiver. Failure The failure of either the Party in any one or more instances to insist on performance upon strict performances of any term or condition of the terms and conditions of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing waiver or relinquishment, to any extent, of the right to assert or rely upon any such term or conditions on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 1 contract

Samples: Research Collaboration Agreement (Gemini Genomics PLC)

Non-Waiver. Failure of either Party to insist on performance of any term or condition Condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 1 contract

Samples: Agreement (McLeodusa Inc)

Non-Waiver. Failure of either a Party to insist on performance of any term or condition of this Agreement the Agreement, or to exercise any right or privilege hereunder shall hereunder, will not be construed as a continuing or future waiver of such term, condition, right right, or privilege.

Appears in 1 contract

Samples: Kansas Early Childhood Data Trust Agreement

Non-Waiver. Failure The failure of either Party party to insist on ---------- upon or enforce in any instance, performance by the other party of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder rights conferred herein shall not be construed as a continuing waiver or relinquishment of its rights to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.

Appears in 1 contract

Samples: Services Agreement (Interstate Energy Corp)

Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right fight or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right fight or privilege.

Appears in 1 contract

Samples: Compensation Agreement

Non-Waiver. Failure of either Party party to insist on performance of any term or condition of this Agreement Contract or to exercise any right or privilege hereunder hcreundcr shall not be construed as a continuing or future waiver of such term, condition, right right, or privilege.

Appears in 1 contract

Samples: Furnishing Health Services (Wellcare Health Plans, Inc.)

Non-Waiver. Failure of either The failure by any Party to insist on upon or enforce ---------- strict performance by the other party of any term or condition of the terms of this Agreement or to exercise any right or privilege rights hereunder shall not be construed as a continuing waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilege.occasion. Identix Proprietary and Confidential

Appears in 1 contract

Samples: And Indemnification Agreement (Identix Inc)

Non-Waiver. Failure of either Party to insist on performance of any ---------- term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.

Appears in 1 contract

Samples: Local Exchange Telecommunications Services Resale Agreement (United Usn Inc)

Non-Waiver. Failure The failure of either Party to insist on upon the performance of any term or condition of this Agreement or to exercise any right hereunder on one or privilege hereunder more occasions shall not be construed as constitute a continuing waiver or relinquishment of its right to demand future waiver performance of such term, term or condition, or to exercise such right or privilegein the future.

Appears in 1 contract

Samples: Performance Guaranty Agreement

Non-Waiver. Failure The failure of either Party party to insist on upon or enforce strict performance by the other party of any term or condition of the terms of this Agreement Agreement, or to exercise any right or privilege hereunder rights hereunder, shall not be construed as a continuing waiver or relinquishment of its rights to assert or rely upon such terms or rights on a future waiver of such term, condition, right or privilegeoccasion.

Appears in 1 contract

Samples: Personal Services Agreement

Non-Waiver. Failure The failure of either Party to insist on performance of any term or condition of this Agreement or party to exercise any right hereunder or privilege hereunder to insist upon performance of any of the terms or conditions of this Agreement shall not be construed as a continuing waiver or relinquishment of any right to insist upon future waiver performance of any such term, term or condition, right or privilege.

Appears in 1 contract

Samples: License Agreement (Exact Sciences Corp)

Non-Waiver. Failure of by either Party party to insist on upon the other party’s performance of any term or condition of under this Agreement or to exercise any right rights or privilege hereunder herein shall not be construed as a continuing or future waiver of such term, condition, right any of the rights or privilegeprivileges provided for in this Agreement.

Appears in 1 contract

Samples: Lead Processing Services Agreement

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