Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.
Appears in 232 contracts
Samples: Employment Agreement (KOHLS Corp), Employment Agreement (KOHLS Corp), Executive Employment Agreement (Mister Car Wash, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach by either partybreach.
Appears in 195 contracts
Samples: Non Qualified Stock Option Agreement (EPL Intermediate, Inc.), Restricted Stock Award Agreement (Curative Health Services Inc), Employment Agreement (El Pollo Loco, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partythereof.
Appears in 173 contracts
Samples: Change of Control Agreement (Tidewater Inc), Change of Control Agreement (Gulf Island Fabrication Inc), Severance and Change of Control Agreement (Stratus Properties Inc)
Waiver of Breach. The waiver by either any party of the breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach by either the other party.
Appears in 140 contracts
Samples: Consulting Agreement (Delta Oil & Gas Inc), Employment Agreement (Lender Processing Services, Inc.), Employment Agreement (Granahan McCourt Acquisition CORP)
Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either the other party.
Appears in 114 contracts
Samples: Employment Agreement (Amsurg Corp), Employment Agreement (Coventry Health Care Inc), Employment Agreement (Amsurg Corp)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 114 contracts
Samples: Employment Agreement (Sonic Corp), Agreement and Plan of Merger (Bank of the Ozarks Inc), Employment Agreement (Sonic Corp)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 107 contracts
Samples: Employment Agreement (First Cash Financial Services Inc), Marketing Agreement (Deja Foods Inc), Employment Agreement (First Cash Financial Services Inc)
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 86 contracts
Samples: Consulting Agreement, Leadership Agreement (First Citizens Financial CORP), Employment Agreement (Global Axcess Corp)
Waiver of Breach. The waiver Waiver by either any party of the a breach of any provision of this Agreement shall not operate as or be construed as a waiver by such party of any subsequent breach by either partyhereof.
Appears in 75 contracts
Samples: Employment Agreement (Arrow Financial Corp), Employment Agreement (Arrow Financial Corp), Employment Agreement (Arrow Financial Corp)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 65 contracts
Samples: Employment Agreement (Compliance Systems Corp), Employment Agreement (Pharmathene, Inc), Employment Agreement (Barrier Therapeutics Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall by the other party must be in writing and will not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 60 contracts
Samples: Employment Agreement (HealthWarehouse.com, Inc.), Executive Employment Agreement (LianBio), Employment Agreement (Zai Lab LTD)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach by either any party.
Appears in 55 contracts
Samples: Executive Employment Agreement (GSE Holding, Inc.), Executive Employment Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach by either partybreach.
Appears in 49 contracts
Samples: Form of Advisory Consulting Agreement (Neurotrope, Inc.), Consulting Agreement (Riot Blockchain, Inc.), Consulting Agreement (Nevada Canyon Gold Corp.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 48 contracts
Samples: Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.)
Waiver of Breach. The Any waiver by either party of the breach of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by either partysuch party of a provision of this Agreement.
Appears in 44 contracts
Samples: Employment Agreement (Famous Daves of America Inc), Employment Agreement (WPT Enterprises Inc), Confidentiality and Noncompetition Agreement (Famous Daves of America Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the breaching party.
Appears in 42 contracts
Samples: Executive Employment Agreement (Patriot National, Inc.), Non Sales Personnel (GTT Communications, Inc.), Executive Employment Agreement (Patriot Risk Management, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the other party.
Appears in 41 contracts
Samples: Agreement (Hologic Inc), Consulting Agreement (Soellingen Advisory Group, Inc.), Consulting Agreement (Bonamour Pacific Inc)
Waiver of Breach. The waiver by either party Party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyParty.
Appears in 38 contracts
Samples: Employment and Non Competition Agreement (Addus HomeCare Corp), Executive Compensation Agreement (KOHLS Corp), Employment and Non Competition Agreement (Addus HomeCare Corp)
Waiver of Breach. The waiver by either any party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 36 contracts
Samples: Performance Bonus Agreement (Graham Corp), Purchase and Sale Agreement, Employment Agreement (Inet Technologies Inc)
Waiver of Breach. The waiver by either any party of the to a breach of any provision of in this Agreement shall cannot operate or be construed as a waiver of any subsequent breach by either a party.
Appears in 36 contracts
Samples: Employment Agreement (Duke Energy CORP), Employment Agreement (Alico Inc), Employment Agreement (Alico Inc)
Waiver of Breach. The waiver by either party hereto of the a breach or violation of any provision of this Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach by either partyof the same or another provision hereof.
Appears in 34 contracts
Samples: Human Plasma Supply Agreement (Seracare Life Sciences Inc), Transitional Services Agreement (Catapult Communications Corp), General Assignment and Assumption Agreement (Adaptec Inc)
Waiver of Breach. The waiver by either party of the a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach by either partyof the same or other provision hereof.
Appears in 34 contracts
Samples: Educational Affiliation Agreement, Employment Agreement (CleanTech Biofuels, Inc.), Employment Agreement (Solar Night Industries, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 34 contracts
Samples: Agreement (Lightwave Logic, Inc.), Independent Contractor Agreement, Indemnification Agreement (Lightwave Logic, Inc.)
Waiver of Breach. The waiver by either party to this Agreement of the a breach of any provision of the provisions of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 34 contracts
Samples: Employment Agreement (Net TALK.COM, Inc.), Employment Agreement (Mesa Air Group Inc), Employment Agreement (Net TALK.COM, Inc.)
Waiver of Breach. The waiver by either a party of the breach of any provision of this Agreement shall not operate or be construed as deemed a waiver by said party of any other or subsequent breach by either partybreach.
Appears in 30 contracts
Samples: Employment Agreement (Johnsondiversey Inc), Employment Agreement (Johnsondiversey Inc), Employment Agreement (Johnsondiversey Inc)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 30 contracts
Samples: Employment Agreement (XRG Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Ambassadors Group Inc)
Waiver of Breach. The waiver by either party of the a breach or violation of any provision of this Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach by either partyof the same or another provision hereof.
Appears in 27 contracts
Samples: Facilities Management Services Agreement (First Surgical Partners Inc.), Stock Purchase Agreement (Acadia Healthcare Company, Inc.), Facilities Management Services Agreement (First Surgical Partners Inc.)
Waiver of Breach. The waiver Waiver by either party of the a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 27 contracts
Samples: Employment Agreement (American Woodmark Corp), Employment Agreement (American Woodmark Corp), Employment Agreement (American Woodmark Corp)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 26 contracts
Samples: Employment Agreement (TPT Global Tech, Inc.), Employment Agreement (Lifeline Therapeutics, Inc.), Employment Agreement (Lifeline Therapeutics, Inc.)
Waiver of Breach. The Any waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 26 contracts
Samples: Consulting Agreement (Siyata Mobile Inc.), Consulting Agreement (LQR House Inc.), Consulting Agreement (Akanda Corp.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the waiving party.
Appears in 26 contracts
Samples: Change of Control Agreement (TFC Enterprises Inc), Change of Control Agreement (TFC Enterprises Inc), Change of Control Agreement (TFC Enterprises Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision term of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach by either partythereof.
Appears in 25 contracts
Samples: Employment Agreement (Global Markets Access LTD), Employment Agreement (Global Markets Access LTD), Employment Agreement (Annuity & Life Re Holdings LTD)
Waiver of Breach. The waiver by either any party of the a breach of any provision provisions of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate as or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 24 contracts
Samples: Employment Agreement (UBL Interactive,Inc.), Employment Agreement (UBL Interactive,Inc.), Employment Agreement (UBL Interactive,Inc.)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver by said party of any other or subsequent breach by either partybreach.
Appears in 23 contracts
Samples: Employment Agreement (Steinway Musical Instruments Holdings, Inc.), Employment Agreement (Steinway Musical Instruments Holdings, Inc.), Employment Agreement (Steinway Musical Instruments Holdings, Inc.)
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement or failure to enforce any provision hereof shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 23 contracts
Samples: Employment and Noncompetition Agreement (Blackbaud Inc), Employment and Noncompetition Agreement (Blackbaud Inc), Employment and Noncompetition Agreement (Blackbaud Inc)
Waiver of Breach. The waiver by either a party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach by either partyany of the parties hereto.
Appears in 23 contracts
Samples: Employment Agreement (Bowater Inc), Employment Agreement (AbitibiBowater Inc.), Employment Agreement (Bowater Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate as or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 22 contracts
Samples: Employment Agreement (C&d Technologies Inc), Employment Agreement (C&d Technologies Inc), Employment Agreement (C&d Technologies Inc)
Waiver of Breach. The waiver by either party of the a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach by either partythereof.
Appears in 21 contracts
Samples: Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Bonds.com Group, Inc.), Employment Agreement (Forgent Networks Inc)
Waiver of Breach. The waiver by of either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 21 contracts
Samples: Employment Agreement (Choice Hotels International Inc /De), Employment Agreement (Choice Hotels International Inc /De), Employment Agreement (Choice Hotels International Inc /De)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by a party hereto shall not operate or be construed as a waiver wavier of any subsequent breach by either partythe other party hereto.
Appears in 20 contracts
Samples: Employment Agreement (WGNB Corp), Employment Agreement (WGNB Corp), Amended and Restated Agreement (HSW International, Inc.)
Waiver of Breach. The Any waiver by either a party of the a breach of any provision of this Agreement agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the waiving party.. (c)
Appears in 20 contracts
Samples: Option Agreement (Bioprogress Technology International Inc), Employment and Option Agreement (Cassco Capital Corp), Employment and Option Agreement (Famous Sams Group Inc)
Waiver of Breach. The waiver by either any party of the a breach of any provision of this Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach by either any party. No breach shall be deemed waived unless the waiver is in a writing signed by the non-breaching party.
Appears in 19 contracts
Samples: Executive Employment Agreement (Allied Waste Industries Inc), Executive Employment Agreement (Allied Waste Industries Inc), Executive Employment Agreement (Allied Waste Industries Inc)
Waiver of Breach. The waiver by either party, or the failure of either party of the to claim a breach of any provision of this Agreement Agreement, shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 19 contracts
Samples: Executive Employment Agreement (Entravision Communications Corp), Executive Employment Agreement (Entravision Communications Corp), Executive Employment Agreement (Entravision Communications Corp)
Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by the other party. No waiver of any provision of this Agreement shall be implied from any course of dealing between the parties hereto or from any failure by either partyparty hereto to assert any rights hereunder on any occasion or series of occasions.
Appears in 18 contracts
Samples: Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.)
Waiver of Breach. The waiver by either party of the Party to a breach of any provision of in this Agreement shall cannot operate or be construed as a waiver of any subsequent breach by either partyParty.
Appears in 18 contracts
Samples: Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics)
Waiver of Breach. The waiver by of either party of the a breach of any ---------------- provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 18 contracts
Samples: Employment Agreement (Choice Hotels International Inc), Employment Agreement (Choice Hotels International Inc /De), Employment Agreement (Choice Hotels International Inc /De)
Waiver of Breach. The waiver by of either party of the a breach of any provision term of this Agreement shall will not operate or nor be construed as a waiver of any subsequent breach by either partythereof.
Appears in 17 contracts
Samples: Employment Agreement (Cas Medical Systems Inc), Employment Agreement (Axs One Inc), Employment Agreement (Cas Medical Systems Inc)
Waiver of Breach. The waiver Waiver by either party of the a breach of any provision of this Agreement by the other shall not operate or be construed constructed as a waiver of any subsequent breach by either such other party.
Appears in 17 contracts
Samples: Employment Agreement (Paravant Inc), Employment Agreement (Paravant Inc), Employment Agreement (Paravant Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision provisions of this Agreement by either party shall not operate or be construed as a waiver of any subsequent breach by either party.
Appears in 16 contracts
Samples: Employment Agreement (Midwest Energy Emissions Corp.), Employment Agreement (Midwest Energy Emissions Corp.), Employment Agreement (Midwest Energy Emissions Corp.)
Waiver of Breach. The waiver by either party to this Agreement of the a breach of any provision of this the Agreement shall by the other party will not operate or be construed as a waiver by the waiving party of any subsequent breach by either the other party.
Appears in 16 contracts
Samples: Employment Agreement (Omega Protein Corp), Employment Agreement (Omega Protein Corp), Employment Agreement (Omega Protein Corp)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyany of the parties hereto.
Appears in 16 contracts
Samples: Employment Agreement (Freedom Financial Holdings Inc), Employment Agreement (Heroes Inc), Employment Agreement (Hyperion Software Corp)
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement agreement shall not operate or be construed as constitute a waiver of as to any subsequent breach by either partyother breach.
Appears in 14 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Breach. The waiver by either any party of the breach hereto of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 13 contracts
Samples: Employment Agreement (Western Gas Resources Inc), Employment Agreement (Western Gas Resources Inc), Employment Agreement (Western Gas Resources Inc)
Waiver of Breach. The waiver Waiver by either any party of the a breach of any provision of this Agreement shall not operate as or be construed as a waiver by such party of any subsequent breach by either partyhereof. 15.
Appears in 12 contracts
Samples: Employment Agreement Employment Agreement (Arrow Financial Corp), Employment Agreement Employment Agreement (Arrow Financial Corp), Employment Agreement Employment Agreement (Arrow Financial Corp)
Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof such provision or any other provision in this Agreement.
Appears in 12 contracts
Samples: Investment Manager Agreement (Watford Holdings Ltd.), Investment Manager Agreement (Watford Holdings Ltd.), Investment Manager Agreement (Watford Holdings Ltd.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partythe Officer or the Company.
Appears in 12 contracts
Samples: Management Contiinuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp)
Waiver of Breach. The waiver by either party any Party of the a breach of any provision of this Agreement shall not will neither operate or nor be construed as a waiver of any subsequent breach by either partybreach.
Appears in 11 contracts
Samples: Employment Agreement (Republic Services, Inc.), Non Competition (Republic Services, Inc.), Non Competition, Non (Republic Services, Inc.)
Waiver of Breach. The waiver by either a party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof this Agreement.
Appears in 11 contracts
Samples: Management Agreement (Metasolutions, Inc.), Stock Transfer and Consulting Agreement (Availent Financial Inc), Investor Relations Agreement (U.S. Natural Nutrients & Minerals, Inc.)
Waiver of Breach. The waiver of any breach of this Agreement by either party of the breach of any provision of this Agreement shall not operate constitute a continuing waiver or be construed as a waiver of any subsequent breach by of either partythe same or any other provision of this Agreement.
Appears in 11 contracts
Samples: Behavioral Health Provider Agreement, Pho Provider Professional Services Agreement, Pho Physician Professional Services Agreement
Waiver of Breach. The waiver Waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as deemed to be a waiver of any subsequent other breach by either partyand shall not be construed to be a modification of the terms of this Agreement.
Appears in 10 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Breach. The waiver Waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the other party. No waiver shall be valid unless in writing and signed by the party against whom the waiver is sought.
Appears in 10 contracts
Samples: Employment Agreement (Pharmaceutical Product Development Inc), Employment Agreement (Pharmaceutical Product Development Inc), Employment Agreement (Pharmaceutical Product Development Inc)
Waiver of Breach. No provision of this Agreement shall be deemed waived unless such waiver is in writing and signed by the party making such waiver. The waiver by either party of the a breach of any provision term of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach by either partythereof.
Appears in 10 contracts
Samples: Employment Agreement (Liberated Syndication Inc.), Employment Agreement (Corning Natural Gas Corp), Employment Agreement (Wizzard Software Corp /Co)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent breach by either partythereof.
Appears in 9 contracts
Samples: Severance and Change of Control Agreement (Cal Dive International, Inc.), Severance and Change of Control Agreement (Cal Dive International, Inc.), Severance and Change of Control Agreement (Cal Dive International, Inc.)
Waiver of Breach. The waiver Waiver by either any party of the breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach by either the other party.
Appears in 9 contracts
Samples: Employment Agreement (Certegy Inc), Employment Agreement (Santa Barbara Restaurant Group Inc), Employment Agreement (Fidelity National Financial Inc /De/)
Waiver of Breach. The waiver by either any party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 9 contracts
Samples: Chief Compliance Officer Agreement (ETF Series Solutions), Chief Compliance Officer Agreement (ETF Series Solutions), Chief Compliance Officer Agreement (ETF Series Solutions)
Waiver of Breach. The waiver Waiver by either any party of the a breach of any provision of this Agreement shall not operate as or be construed as a waiver by such party of any subsequent breach by either partyhereof.
Appears in 9 contracts
Samples: Change of Control Agreement (Meridian Medical Technologies Inc), Change of Control Agreement (Meridian Medical Technologies Inc), Change of Control Agreement (CFX Corp)
Waiver of Breach. The waiver by either party, or the failure of either party of the to claim a breach of any provision of this Agreement shall Agreement, will not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 9 contracts
Samples: Employment Agreement, Will Employment Agreement, At Will Employment Agreement
Waiver of Breach. The waiver by of either party of the a breach of any provision of this Agreement shall Agreement, which waiver must be in writing to be effective, will not operate as or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 9 contracts
Samples: Cross Country Healthcare Inc, Cross Country Healthcare Inc, Cross Country Healthcare Inc
Waiver of Breach. The waiver by either any party hereto of the a ---------------- breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 8 contracts
Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (United Leisure Corp), Employment Agreement (Osi Systems Inc)
Waiver of Breach. The waiver by of either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof this Agreement.
Appears in 8 contracts
Samples: Conversion and Settlement Agreement (Dyntek Inc), Separation and General Release Agreement (Dyntek Inc), Settlement and Release (Dyntek Inc)
Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. Any waiver by either party must be in writing and signed by a representative who has the authority to bind such party.
Appears in 8 contracts
Samples: Noncompetition Agreement (TomoTherapy Inc), Stock Option Award Agreement (Obagi Medical Products, Inc.), Facilities Consulting
Waiver of Breach. The waiver by either party of the a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 8 contracts
Samples: Senior Advisor Agreement (Hawk Corp), Senior Advisor Agreement (Hawk Corp), Employment Agreement (Hawk Corp)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Amended Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach by either any party.
Appears in 8 contracts
Samples: Amended Executive Employment Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc)
Waiver of Breach. The Any waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or to be construed as a waiver of any subsequent breach by either such party.
Appears in 7 contracts
Samples: Consulting Agreement (Provectus Pharmaceuticals Inc), Financial Consulting Agreement (360 Global Wine Co), Consulting Agreement (Provectus Pharmaceuticals Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach breach. No waiver shall be valid unless in writing and signed by either partyan authorized officer of the Company or the Executive, as the case may be.
Appears in 7 contracts
Samples: Employment Agreement (Whittier Energy Corp), Employment Agreement (Whittier Energy Corp), Employment Agreement (Whittier Energy Corp)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not be effective unless in writing signed by the party to be charged therewith and will not operate or be construed as a waiver of any other subsequent breach by either partybreach.
Appears in 7 contracts
Samples: Employment Agreement (Community Care Services Inc), Employment Agreement (Community Care Services Inc), Employment Agreement (Community Care Services Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach by either partythereof.
Appears in 7 contracts
Samples: Executive Employment Agreement (Freeport McMoran Copper & Gold Inc), Executive Employment Agreement (Freeport McMoran Copper & Gold Inc), Executive Employment Agreement (Freeport McMoran Copper & Gold Inc)
Waiver of Breach. The waiver by either any party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach by either any party.
Appears in 7 contracts
Samples: Voting Trust and Escrow Agreement (Iomai Corp), Registration Rights Agreement (Pharmos Corp), Escrow Agreement (Perficient Inc)
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement hereunder by either party shall not operate or be construed or operate as a waiver of any subsequent breach by either partybreach.
Appears in 7 contracts
Samples: Employment Agreement (Micros Systems Inc), Employment Agreement (Micros Systems Inc), Employment Agreement (Micros Systems Inc)
Waiver of Breach. The waiver by either any party hereto of the a breach of any ---------------- provision of this Agreement shall not neither operate or nor be construed as a waiver of the breach of any other provision or of any subsequent breach by either any party.
Appears in 6 contracts
Samples: Executive Employment Agreement (Century Maintenance Supply Inc), Employment Agreement (Century Maintenance Supply Inc), Employment Agreement (Envirosource Inc)
Waiver of Breach. The waiver by either party of the a breach of any ---------------- provision of this Agreement Agreement, shall not operate or be construed as a waiver of any subsequent breach by either the same party.
Appears in 6 contracts
Samples: Employment Agreement (Iwo Holdings Inc), Employment Agreement (Iwo Holdings Inc), Employment Agreement (Iwo Holdings Inc)
Waiver of Breach. The waiver by either of any party of the breach to this Agreement of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach by either partybreach. 13.
Appears in 6 contracts
Samples: Shareholders Agreement and Option (Vector Aeromotive Corp), Share Purchase Agreement (Vector Aeromotive Corp), Share Purchase Agreement (American Dream International LTD)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partythe Officer or Illini.
Appears in 6 contracts
Samples: Management Continuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp)
Waiver of Breach. The waiver by either party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 6 contracts
Samples: Tax Sharing Agreement (Equity Residential Properties Trust), Lease Agreement (Holiday Rv Superstores Inc), Agreement (Life Usa Holding Inc /Mn/)
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach hereunder. No waiver shall be valid unless in writing and signed by either partythe party granting such waiver.
Appears in 6 contracts
Samples: Athletic Training Services Agreement, Athletic Training Services Agreement, Athletic Training Services Agreement
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by either that party.
Appears in 6 contracts
Samples: Service Fee Agreement, Service Fee Agreement, Employment Agreement (Garden Ridge Corp)
Waiver of Breach. The waiver by of either party of the any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof that same or any other provision.
Appears in 6 contracts
Samples: Communications Dispatch Service Agreement, Service Agreement, Service Agreement
Waiver of Breach. The waiver by either party Party of the any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 6 contracts
Samples: Contracting Agreement (GO EZ Corp), Lease and Operating Agreement (EWaste Systems, Inc.), Contracting Agreement (GO EZ Corp)
Waiver of Breach. The waiver or ratification by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver or ratification of any subsequent breach by either partyparty to this Agreement.
Appears in 6 contracts
Samples: Consulting Agreement (Rockwell Collins Inc), Retirement and Non Executive Chairman Agreement (Tidewater Inc), Retirement and Consulting Agreement (Gulf Island Fabrication Inc)
Waiver of Breach. The A waiver by either party any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyParty.
Appears in 6 contracts
Samples: Construction Management Agreement, Demolition Agreement, Cooperation Agreement
Waiver of Breach. The waiver by of either party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyART or Employee. The failure to enforce any provision(s) of this Agreement shall not be construed as a waiver of such provision(s).
Appears in 5 contracts
Samples: Grant Agreement (Arrhythmia Research Technology Inc /De/), Employment Agreement (Arrhythmia Research Technology Inc /De/), Grant Agreement (Arrhythmia Research Technology Inc /De/)
Waiver of Breach. The waiver by failure of either party of the breach of to enforce any provision of this Agreement shall not operate be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach under this Agreement shall not be construed as deemed a waiver of any subsequent breach by either partybreach.
Appears in 5 contracts
Samples: System and Services Agreement, Commission Agreement, Agreement
Waiver of Breach. The waiver by of either party of the a breach of any provision of this the Agreement shall not operate or be construed as a waiver of any subsequent breach by either the other party.
Appears in 5 contracts
Samples: Employment Agreement (Brown & Brown Inc), Employment Agreement (Brown & Brown Inc), Employment Agreement (Brown & Brown Inc)
Waiver of Breach. The waiver Failure by either party of the breach of to enforce any provision of this Agreement shall not operate be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be construed as deemed a waiver of any subsequent breach by either partyand shall not be construed to be a modification of the terms of this Agreement.
Appears in 5 contracts
Samples: Maintenance Agreement, Maintenance Agreement, Maintenance Agreement
Waiver of Breach. The waiver by either party hereto of the a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.
Appears in 5 contracts
Samples: License Agreement (Majestic Companies LTD), Patent License Agreement (Majestic Safe-T-Products LTD), Patent License Agreement (Majestic Companies LTD)
Waiver of Breach. The waiver by either a party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.breach
Appears in 5 contracts
Samples: Employment and Noncompetition Agreement (Firstlink Communications Inc), Employment and Noncompetition Agreement (U S Online Communications Inc), Employment and Noncompetition Agreement (Firstlink Communications Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by either partybreach. 17.
Appears in 5 contracts
Samples: Employment Agreement (Syntro Corp /De/), Employment Agreement (Syntro Corp /De/), Employment Agreement (Syntro Corp /De/)
Waiver of Breach. The waiver of any breach of this Agreement by either party of the breach of any provision of this Agreement shall not operate or be construed as constitute a continuing waiver of any subsequent breach by of either partythe same or any other provisions of this Agreement.
Appears in 5 contracts
Samples: Savings Provider Agreement (Prospect Medical Holdings Inc), Provider Agreement (Prospect Medical Holdings Inc), Shared Savings Provider Agreement (Prospect Medical Holdings Inc)
Waiver of Breach. The Neither the waiver by either party of the any breach of any provision of this Agreement Agreement, nor failure to enforce any provision hereof, shall not operate or be construed as a waiver of any subsequent breach by either party.
Appears in 5 contracts
Samples: Second Technology Transfer Agreement (Omeros Corp), Technology Transfer Agreement (Omeros Corp), Technology Transfer Agreement (Omeros Corp)
Waiver of Breach. The Any waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either such party.
Appears in 4 contracts
Samples: Consulting Agreement (Medytox Solutions, Inc.), Consulting Agreement (Medytox Solutions, Inc.), Consulting Agreement (Cyberdefender Corp)
