Waiver of Breach. Any waiver by either party or 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 any party.
Appears in 54 contracts
Samples: Consulting Agreement (Royal Mines & Minerals Corp), Consulting Agreement (Excelsis Investments Inc.), Consulting Agreement (Vivakor, Inc.)
Waiver of Breach. Any The waiver by either party or of 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 of that provision or any partyother provision hereof.
Appears in 53 contracts
Samples: Professional Services Agreement (Caliburn International Corp), Management Agreement (Take Two Interactive Software Inc), Restricted Unit Agreement (Take Two Interactive Software Inc)
Waiver of Breach. Any The waiver by either party or of 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 any partyother breach.
Appears in 41 contracts
Samples: Employment Agreement (Network 1 Technologies Inc), Stock Option Agreement (Network 1 Security Solutions Inc), Employment Agreement (Health Benefits Direct Corp)
Waiver of Breach. Any The waiver by either any party or a of the breach of any provision of this Agreement by the other party or the failure of any party to exercise any right granted to it hereunder shall not operate or be construed as a the waiver of any subsequent breach by such other party nor the waiver of the right to exercise any partysuch right.
Appears in 31 contracts
Samples: Employment Agreement (En Pointe Technologies Inc), Employment Agreement (En Pointe Technologies Inc), Employment Agreement (En Pointe Technologies Inc)
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this Agreement by the other party shall not operate as or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 22 contracts
Samples: Management Consulting and Technology License Agreement (Adaptive Medias, Inc.), Consulting Agreement (Petrosonic Energy, Inc.), C&d Technologies Inc
Waiver of Breach. Any A waiver by either any party or a to this Agreement of the breach of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by any either party.
Appears in 20 contracts
Samples: Lease and Management Agreement, Lease and Management Agreement, Management Agreement
Waiver of Breach. Any The waiver by either party or of a breach or violation of any provision of this Agreement by the other party shall not operate as or be construed as to be a waiver of any subsequent breach by any partyhereof.
Appears in 19 contracts
Samples: Executive Employment Agreement (Colorado Goldfields Inc.), Executive Employment Agreement (Colorado Goldfields Inc.), Executive Employment Agreement (Colorado Goldfields Inc.)
Waiver of Breach. Any The waiver by either party or of 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 such other party. The failure of a party to exercise any partyrights or privileges under this Agreement shall not be deemed to be a waiver or extinguishment of such rights or privileges, all of which shall continue to be exercisable.
Appears in 18 contracts
Samples: Employment Agreement (Wellentech Services Inc), Employment Agreement (TaxMasters, Inc.), Employment Agreement (TaxMasters, Inc.)
Waiver of Breach. Any The waiver by either party or a any of the parties hereto of the 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 any partypart.
Appears in 17 contracts
Samples: Employment Agreement (Prime Retail Inc/Bd/), Employment Agreement (Prime Retail Inc/Bd/), Employment Agreement (Prime Retail Inc/Bd/)
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this Agreement by the other party shall not operate or be construed as by a waiver of any subsequent breach by any partybreach.
Appears in 16 contracts
Samples: Employment Agreement (Qualsec), Employment Agreement (Qualsec), Consulting Agreement (Vista Laser Centers of the Pacific Inc)
Waiver of Breach. Any The waiver by either party or hereto of 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 any partybreach.
Appears in 15 contracts
Samples: Employment Agreement (A21, Inc.), Employment Agreement (A21 Inc), Employment Agreement (A21, Inc.)
Waiver of Breach. Any The waiver by the either party or of a breach of any provision of this Agreement by the other party shall not operate or nor be construed as a waiver of any subsequent breach by any the other party.
Appears in 15 contracts
Samples: Control Agreement (Successories Inc), Employment Agreement (Optek Technology Inc), Employment Agreement (Optek Technology Inc)
Waiver of Breach. Any waiver by either party or of a breach of any a provision of this Agreement Agreement, or any delay or failure to exercise a right under a provision of this Agreement, by the other party either party, shall not operate or be construed as a waiver of that or any other subsequent breach by any partyor right.
Appears in 14 contracts
Samples: Employment Agreement (Senesco Technologies Inc), Employment Agreement (Assure Energy Inc), Employment Agreement (Return Assured Inc)
Waiver of Breach. Any The waiver by either party or a of 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 by of any partyprovision of this Agreement.
Appears in 13 contracts
Samples: Second Signal Customer Agreement, Customer Agreement, Consulting and Noncompetition Agreement (Sagebrush Inc)
Waiver of Breach. Any The waiver by either any party or of 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 any party.
Appears in 13 contracts
Samples: Financial and Strategic Consulting Agreement (Careertek Org Inc), Financial and Strategic Consulting Agreement (Careertek Org Inc), Consulting Agreement (Alloy Steel International Inc)
Waiver of Breach. Any The waiver by either party or of 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 any such other party.
Appears in 12 contracts
Samples: Employment Agreement (Foxo Technologies Inc.), Employment Agreement (X-Change Corp), Employment Agreement (GWG Holdings, Inc.)
Waiver of Breach. Any Failure or delay by either party to insist upon compliance with any provision hereof shall not operate as, and is not to be construed as, a waiver or amendment of such provision. The waiver by either party or of 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 any partybreach, whether occurring under similar or dissimilar circumstances.
Appears in 12 contracts
Samples: Employment and Non Competition Agreement (Primis Inc), Employment Agreement (High Speed Access Corp), Employment Agreement (High Speed Access Corp)
Waiver of Breach. Any 14.1 The waiver by either party or a of 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 by of that same or any partyother provision.
Appears in 12 contracts
Samples: Agreement for Good and Services, Agreement for Goods and Services, Agreement for Vehicle Towing and Storage Services
Waiver of Breach. Any The waiver by either party or to this Agreement of a breach of any provision of this the Agreement by the other party shall not operate or be construed as a waiver by such party of any subsequent breach by any such other party.
Appears in 11 contracts
Samples: Employment Agreement (Hollywood Theaters Inc), Employment Agreement (Bayard Drilling Technologies Inc), Employment Agreement (Bayard Drilling Technologies Inc)
Waiver of Breach. Any The waiver by either party or any Party to this Agreement of a breach of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by any partyParty.
Appears in 10 contracts
Samples: Improvement Agreement, Improvement Agreement, Joint Cooperation Agreement
Waiver of Breach. Any The waiver by either any party or of 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 breach; and no waiver shall be valid unless it is in writing and is signed by any partythe party against whom such waiver is sought.
Appears in 10 contracts
Samples: Employment Agreement (Tokheim Corp), Employment Agreement (Tokheim Corp), Employment Agreement (Tokheim Corp)
Waiver of Breach. Any The waiver by either a party or of a breach of any provision of this Agreement by the other another party shall not operate or be construed as a waiver of any subsequent breach by any the breaching party.
Appears in 9 contracts
Samples: Rescission and Substitution Agreement and Release (Global Resource CORP), Supervisory Consulting Agreement (TaxMasters, Inc.), Rescission and Substitution Agreement and Release (Global Resource CORP)
Waiver of Breach. Any waiver by either party or a breach Party of compliance with any provision of this Agreement by the other party Party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by any partysuch Party of a provision of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Fresh Vine Wine, Inc.), Employment Agreement (Fresh Grapes, LLC), Employment Agreement (Fresh Vine Wine, Inc.)
Waiver of Breach. Any waiver Waiver by either party or of 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 any such other party.
Appears in 9 contracts
Samples: Employment Agreement (Volt Information Sciences, Inc.), Consulting Agreement (Volt Information Sciences, Inc.), Volt Information Sciences, Inc.
Waiver of Breach. Any The waiver by either party or party, of 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 any of either party.
Appears in 8 contracts
Samples: Employment Agreement (Dmi Furniture Inc), Employment Agreement (Dmi Furniture Inc), Employment Agreement (Dmi Furniture Inc)
Waiver of Breach. Any It is agreed that a waiver by either party or of a breach of any provision of this Agreement by the other party shall not operate operate, or be construed as a waiver of any subsequent breach by any that same party.
Appears in 8 contracts
Samples: Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.)
Waiver of Breach. Any The waiver by either any party or hereto of a breach of any provision of this Agreement by the any other party shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 7 contracts
Samples: Employment and Separation Agreement (Universal Electronics Inc), Consulting Agreement (Universal Electronics Inc), Consulting Agreement (Universal Electronics Inc)
Waiver of Breach. Any The waiver by either one party or of 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 any the other party.
Appears in 6 contracts
Samples: Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc)
Waiver of Breach. Any The waiver by either party or hereto of 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 any of such breaching party.
Appears in 6 contracts
Samples: Employment Agreement (Corestaff Inc), Employment Agreement (Xpedior Inc), Employment Agreement (Xpedior Inc)
Waiver of Breach. Any The waiver by either party or of a breach or violation of any provision of this Agreement by the other party shall not operate as, or be construed as constructed to be, a waiver of any subsequent breach by any partyof the same or other provision in this Agreement.
Appears in 6 contracts
Samples: House Staff Agreement, House Staff Agreement, House Staff Agreement
Waiver of Breach. Any The waiver by either any party or to this Agreement of a breach or violation of any provision of this Agreement by the other party provisions hereof shall not operate or be construed as to be a waiver of any subsequent breach by any partyhereof.
Appears in 6 contracts
Samples: Employment Agreement (Castle Dental Centers Inc), Employment Agreement (Castle Dental Centers Inc), Employment Agreement (Castle Dental Centers Inc)
Waiver of Breach. Any The waiver by either a party or hereto of a breach or violation of any provision of this Agreement by the other party shall not operate as, or be construed as to constitute, a waiver of any subsequent breach by any partyof the same or another provision hereof.
Appears in 6 contracts
Samples: Management Services Agreement (Celerity Group Inc), Tax Sharing Agreement (Celerity Group Inc), Tax Sharing Agreement (Celerity Group Inc)
Waiver of Breach. Any The waiver by either party or hereto of a breach of any provision of this Agreement by the other party hereto shall not operate or be construed as a waiver by such party of any subsequent breach by any of such other party.
Appears in 6 contracts
Samples: Employment Agreement (Copano Energy, L.L.C.), Employment Agreement (Copano Energy, L.L.C.), Employment Agreement (Equalnet Holding Corp)
Waiver of Breach. Any The waiver by either any party or hereto of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver wavier of any subsequent breach by any party.
Appears in 6 contracts
Samples: Consulting Agreement (Beamz Interactive Inc), Consulting Agreement (Million Dollar Saloon Inc), Consulting Agreement (Mobility Electronics Inc)
Waiver of Breach. Any The waiver by of either party or of a breach of any provision of this Agreement by the other party shall not operate or nor be construed as a waiver of any subsequent breach by thereof or of any partyother provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Roberts Pharmaceutical Corp), Employment Agreement (Roberts Pharmaceutical Corp), Employment Agreement (Roberts Pharmaceutical Corp)
Waiver of Breach. Any The waiver by either party or a of the 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 any such other party.
Appears in 6 contracts
Samples: Interagency Agreement, Contractor Agreement, Interagency Agreement
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this Agreement by the other party hereof shall not operate or be construed to operate as a waiver by such party of any subsequent breach by the other party of any partyprovision hereof.
Appears in 5 contracts
Samples: Employment Agreement (Cdknet Com Inc), Employment Agreement (National Management Consultants Inc), Employment Agreement (National Management Consultants Inc)
Waiver of Breach. Any A waiver by either any party or hereto of a breach of any provision of this Agreement by the other party shall not operate or be construed considered as a waiver of any subsequent breach by any party.
Appears in 5 contracts
Samples: madern.com, ajb.nl, ajb.nl
Waiver of Breach. Any The waiver by either party or any part hereto of a breach of any provision of this Agreement by the other party agreement shall not operate or be construed as a waiver by said party of any other or subsequent breach by any partybreach.
Appears in 5 contracts
Samples: Employment Agreement (Everlast Worldwide Inc), Ere Retainer Agreement (Everlast Worldwide Inc), Gerard Employment Agreement (Everlast Worldwide Inc)
Waiver of Breach. Any The waiver by either party or of 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 breach, and shall not be deemed a change in the terms of this Agreement. No waiver shall be valid unless approved in writing and signed by the waiving party. The failure of any partyparty to enforce any provision of this Agreement shall not be construed as a modification or waiver of any of the terms of this Agreement, nor prevent that party from enforcing each and every term of this Agreement at a later time.
Appears in 5 contracts
Samples: Employment Agreement (Accelera Innovations, Inc.), Employment Agreement (Accelera Innovations, Inc.), Stock Purchase Agreement (Accelera Innovations, Inc.)
Waiver of Breach. Any 15.1 The waiver by either party or a of 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 by of that same or any partyother provision.
Appears in 5 contracts
Samples: Contractor Agreement, Contractor Agreement, Contractor Agreement
Waiver of Breach. Any The waiver by either any party or to this Agreement of a breach of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by any party.
Appears in 5 contracts
Samples: Crossing Agreement, Master Subcontract Agreement, Master Subcontract Agreement
Waiver of Breach. Any A waiver by either party or a any Party to this Agreement of the breach of any term or provision of this Agreement by the other party shall must be in writing and will not operate or be construed as a waiver of any subsequent breach by any partyParty.
Appears in 5 contracts
Samples: Public Finance Agreement, Public Finance Agreement, Development/Redevelopment Agreement
Waiver of Breach. Any The waiver by either any party or hereto of a breach of any provision of this Agreement by the other party shall not operate as or be construed as to be a waiver of any subsequent breach by any party.
Appears in 5 contracts
Samples: Change in Control Agreement (Gold Banc Corp Inc), Service Agreement (Protection One Alarm Monitoring Inc), Employment Agreement (Gold Banc Corp Inc)
Waiver of Breach. Any The waiver by either a party or hereto of a breach of any provision of this Agreement by the other party hereto shall not operate or be construed as a waiver of any subsequent breach by any such party.
Appears in 4 contracts
Samples: Employment Agreement (Diversified Senior Services Inc), Executive Employment Agreement (Diversified Senior Services Inc), Executive Employment Agreement (Diversified Senior Services Inc)
Waiver of Breach. Any waiver by either party or of a breach of any a provision of this Agreement ------------------ Agreement, or any delay or failure to exercise a right under a provision of this Agreement, by the other party either party, shall not operate or be construed as a waiver of that or any other subsequent breach by any partyor right.
Appears in 4 contracts
Samples: Employment Agreement (Contessa Corp /De), Employment Agreement (Nava Leisure Usa Inc), Employment Agreement (Contessa Corp /De)
Waiver of Breach. Any The waiver by either party or of a breach or violation of any provision of this Agreement by the other party shall not operate as or be construed as to be a waiver of any subsequent breach by any partyof the same or other provision hereof.
Appears in 4 contracts
Samples: Intergovernmental Agreement for Transportation Services, Management Services Agreement (Medcath Corp), Management Services Agreement (Medcath Corp)
Waiver of Breach. Any The waiver by either any party of breach or a breach violation of any provision of this Agreement by the other party shall not operate as or be construed as to be a waiver of any subsequent breach by hereof, or as to any partyparty hereto.
Appears in 4 contracts
Samples: School Governing Board, Service Agreement, Service Agreement
Waiver of Breach. Any The waiver by either party or of a breach of any provision provision(s) of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by of the same or any partyother provision(s) of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Sterling Construction Co Inc), Executive Employment Agreement (Sterling Construction Co Inc), Executive Employment Agreement (Sterling Construction Co Inc)
Waiver of Breach. Any A waiver by either party or a of any breach of any provision the provisions of this Agreement by the other party party, or, in any particular instance or series of instances, of any term or condition of this Agreement, shall not operate constitute or be construed as deemed a waiver of such breach or of any subsequent breach such term or condition in any other instance nor shall any waiver constitute a continuing waiver hereunder. No waiver shall be binding unless executed in writing by any partythe party making the waiver.
Appears in 4 contracts
Samples: Employment Agreement (Voyager Pharmaceutical Corp), Employment Agreement (American Lawyer Media Holdings Inc), Employment Agreement (PPC Publishing Corp)
Waiver of Breach. Any The waiver by either any party or of a breach of any provision of this Agreement by the any other party shall will not operate or be construed as a waiver of any subsequent breach by of that provision or any partyother provision thereby.
Appears in 4 contracts
Samples: Management Agreement (Zap), Management Agreement (Medical Device Manufacturing, Inc.), Management Agreement (TransCore Atlantic, Inc.)
Waiver of Breach. Any The waiver by either party or of a breach of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other term or provision by any either party.
Appears in 4 contracts
Samples: Consulting Agreement, Supply Agreement (CytoCore Inc), Distribution Agreement (Athena Medical Corp)
Waiver of Breach. Any waiver by either party or of a breach of any a provision of this Agreement ---------------- Agreement, or any delay or failure to exercise a right under a provision of this Agreement, by the other party either party, shall not operate or be construed as a waiver of that or any other subsequent breach by any partyor right.
Appears in 4 contracts
Samples: Employment Agreement (Evergood Products Corp), Employment Agreement (Evergood Products Corp), Employment Agreement (Nava Leisure Usa Inc)
Waiver of Breach. Any The waiver by either party or to this Agreement of a breach of any provision of this Agreement hereof by the other party shall not operate or be construed as a waiver of any subsequent breach by any of such party.
Appears in 4 contracts
Samples: Employment Agreement (Medcenterdirect Com Inc), Employment Agreement (Medcenterdirect Com Inc), Employment Agreement (Medcenterdirect Com Inc)
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this thus Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any subsequent breach by any such other party.
Appears in 3 contracts
Samples: Consulting Agreement (Ivivi Technologies, Inc.), Executive Employment Agreement (Newgold Inc), Executive Employment Agreement (Newgold Inc)
Waiver of Breach. Any The waiver by either party or hereto of a breach of any provision provisions of this Agreement by the other party shall not operate or to be construed as a waiver of any subsequent breach by of the same or any partyother provision of this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Certified Diabetic Services Inc), Employment Agreement (Certified Diabetic Services Inc), Employment Agreement (Certified Diabetic Services Inc)
Waiver of Breach. Any The waiver by either any party or to this AGREEMENT of a breach of any provision of this Agreement by the other party AGREEMENT shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Kiewit Investment Fund LLLP), Investment Advisory Agreement (Kiewit Investment Fund LLLP), Investment Advisory Agreement (Kiewit Investment Fund LLLP)
Waiver of Breach. Any waiver by either party or of 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 any the other party.
Appears in 3 contracts
Samples: Consulting Agreement (Marketing Worldwide Corp), Consulting Agreement (Marketing Worldwide Corp), Consulting Agreement (Marketing Worldwide Corp)
Waiver of Breach. Any A Party's waiver by either party or a of another Party's breach of any term or provision of this Agreement by the other party shall will not operate or be construed as a waiver of any subsequent breach by any partyParty.
Appears in 3 contracts
Samples: Intergovernmental Agreement, Center Authority, rtpo.mesacounty.us
Waiver of Breach. Any The waiver by either party or a of the 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 any such party.
Appears in 3 contracts
Samples: Incentive Stock Option and Stock Appreciation Right Agreement (Circle Bancorp), Directors’ Non Qualified Stock Option Agreement (Circle Bancorp), Incentive Stock Option Agreement (San Rafael Bancorp)
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this Agreement by the other either party shall not operate or be construed as a waiver of any subsequent breach by any either party. No waiver shall be valid unless it is in writing and signed by an authorized officer of the party granting the waiver.
Appears in 3 contracts
Samples: Employee Lease Agreement, Provide Services (Desa Holdings Corp), Provide Services (Desa Holdings Corp)
Waiver of Breach. Any The waiver by either party or of 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 of the same or any partyother provision of this Agreement.
Appears in 3 contracts
Samples: Chief Marketing Officer Employment Agreement (Eagle Usa Airfreight Inc), Chief Financial Officer Employment Agreement (Eagle Usa Airfreight Inc), Chief Executive Officer Employment Agreement (Eagle Usa Airfreight Inc)
Waiver of Breach. Any The waiver by either a party or of a breach of any provision provisions of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by a party. The failure of a party to insist upon strict adherence to any party.provision of this Agreement
Appears in 3 contracts
Samples: Management Contract (Future Fund Ii), Management Contract (Futures Dimension Fund), Management Contract (Futures Dimension Fund)
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this Agreement by the other party either Party shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Consulting Services, Terms and Conditions, Terms and Conditions
Waiver of Breach. Any It is agreed that a waiver by either party or of a breach of any provision of this Agreement by the other party shall will not operate operate, or be construed construed, as a waiver of any subsequent breach by any that same party.
Appears in 3 contracts
Samples: Employment Agreement (Bally's Corp), Employment Agreement (Bally's Corp), Employment Agreement (Bally's Corp)
Waiver of Breach. Any 11 It is agreed that a waiver by either party or of a breach of any provision of this Agreement by the other party shall not operate operate, or be construed as a waiver of any subsequent breach by any that same party.
Appears in 3 contracts
Samples: Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.)
Waiver of Breach. Any The waiver by either party or of a breach or violation of any provision of this Agreement by the other party shall not operate as, or be construed as to be, a waiver of any subsequent breach by any partyof the same or other provision in this Agreement.
Appears in 3 contracts
Samples: southdakotasearchlight.com, www.keloland.com, www.rcgov.org
Waiver of Breach. Any The waiver by either party or of a breach or violation of any provision of this Agreement by the other party shall not operate or as, nor be construed as to be, a waiver of any subsequent breach by any partythereof.
Appears in 3 contracts
Samples: Employee Assistance Program Services Agreement, Health Services Agreement (Lifemark Corp /De/), Administrative Services Agreement (Lifemark Corp /De/)
Waiver of Breach. Any The waiver by either party or of a breach or violation of any provision of this Agreement by the other party shall not operate as, or be construed as to be, a waiver of any subsequent breach by of the same or any partyother provisions hereof.
Appears in 3 contracts
Samples: Technical Services Agreement (Gulf Indonesia Resources LTD), Administrative Services Agreement (Gulf Indonesia Resources LTD), Information Services Agreement (Gulf Indonesia Resources LTD)
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this Agreement by the other party shall not operate as, or be construed as as, a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp Inc)
Waiver of Breach. Any The waiver by either party or Party hereto of 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 any partyParty.
Appears in 2 contracts
Samples: Supplemental Executive Retirement Plan Agreement (Silverleaf Resorts Inc), Supplemental Executive Retirement Plan Agreement (Silverleaf Resorts Inc)
Waiver of Breach. Any The waiver by either party or of a breach or violation of any provision of this Agreement by the other party shall not operate as or be construed as to be, a waiver of any subsequent or other breach by any partythereof.
Appears in 2 contracts
Samples: Sales Agreement (Idt Corp), Escrow Agreement (Idt Corp)
Waiver of Breach. Any The waiver by either party or of 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 any the other party.
Appears in 2 contracts
Samples: Termination and Settlement Agreement (Ginsite Materials Inc), Ginsite Materials Inc
Waiver of Breach. Any The waiver by either party of a breach or a breach of any provision violation of this Agreement by the other party shall not operate as, or be construed as to be, a waiver of any subsequent breach of same or other provision hereof. No waiver shall be effective against any party hereto unless in writing signed by any that party.
Appears in 2 contracts
Samples: Trading Partner Agreement, Trading Partner Agreement
Waiver of Breach. Any waiver by either party or of a breach of any provision of this Agreement Agreement, or any delay of failure to exercise a right under a provision of this Agreement, by the other party either party, shall not operate or be construed as a waiver of that or any other subsequent breach by any partyor right.
Appears in 2 contracts
Samples: Employment Agreement (Unidigital Inc), Employment Agreement (Unidigital Inc)
Waiver of Breach. Any The waiver by either party or a of the parties hereto of any breach of any provision of this Agreement by the other party hereof shall not operate or be construed as to be a waiver of any subsequent succeeding breach by of that provision or a waiver of any partyother provision of this Letter Agreement.
Appears in 2 contracts
Samples: Letter Agreement (Molecular Biosystems Inc), Letter Agreement (Molecular Biosystems Inc)
Waiver of Breach. Any The waiver by either party or hereto of 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 of the same or any partyother provision of this Agreement.
Appears in 2 contracts
Samples: Employment Contract (Food Court Entertainment Network Inc), Food Court Entertainment Network Inc
Waiver of Breach. Any The waiver by either of any party or of 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 any either party.
Appears in 2 contracts
Samples: Agreement for Professional Services, Agreement for Professional Services
Waiver of Breach. Any waiver by either party or of a breach of any provision of this Agreement by the other party shall not operate or be by construed as a waiver of any subsequent breach by any party.
Appears in 2 contracts
Samples: Management Consulting Agreement (SiteWorks Building & Development Co.), Management Consulting Agreement (SiteWorks Building & Development Co.)
Waiver of Breach. Any waiver by either party or of 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 such other party of such provision or of a breach by such other party of any partyother provision of this Agreement.
Appears in 2 contracts
Samples: Volt Information Sciences, Inc., Volt Information Sciences, Inc.
Waiver of Breach. Any The waiver by either one party or of 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 any the other party, whether of a same or different nature.
Appears in 2 contracts
Samples: Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc)
Waiver of Breach. Any the waiver by either party of breach or a breach violation of any provision of this Agreement by the other party agreement shall not operate or as, nor be construed as to be, a waiver of any subsequent breach by any party.of the same or other provision hereof. 8.5
Appears in 2 contracts
Samples: Network Access Agreement (Rockport Healthcare Group Inc), Network Access Agreement (Rockport Healthcare Group Inc)
Waiver of Breach. Any The waiver by either party or hereto of 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 of the same or any partyother provision of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Certified Diabetic Services Inc), Employment Agreement (Certified Diabetic Services Inc)
Waiver of Breach. Any The waiver by either a party or of a breach of any provision of this Agreement by the other another party shall not operate or be construed as a waiver of any subsequent breach by of that provision or any partyother provision hereof.
Appears in 2 contracts
Samples: Management Agreement (GSE Holding, Inc.), Management Agreement (GSE Lining Technology, Inc.)
Waiver of Breach. Any The waiver by either party or a of any 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 any partybreach.
Appears in 2 contracts
Samples: Consulting Agreement (Cs Wireless Systems Inc), Consulting Agreement (Cs Wireless Systems Inc)
Waiver of Breach. Any A waiver by either party or a any Party to this Agreement of the breach of any term or 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 any partyParty.
Appears in 2 contracts
Samples: Redevelopment and Reimbursement Agreement by And, Reimbursement Agreement
Waiver of Breach. Any The waiver by either one party or of a breach of any provision of this Restated Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by any the one party.
Appears in 2 contracts
Samples: Deferred Compensation Agreement (Equity Residential Properties Trust), Deferred Compensation Agreement (Equity Residential Properties Trust)
Waiver of Breach. Any The waiver by either of any party or a hereto of any breach of any provision of this Agreement by the other party agreement shall not operate as or be construed as to be a waiver of any subsequent breach by any partyparty hereto.
Appears in 2 contracts
Samples: Employment Agreement (Gold Banc Corp Inc), Employment Agreement (Gold Banc Corp Inc)
Waiver of Breach. Any The waiver by either of any party or of 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 any partybreach.
Appears in 2 contracts
Samples: Settlement Agreement (Cyber Care Inc), Settlement Agreement (Princeton Dental Management Corp)
Waiver of Breach. Any A waiver by either party Employer or Employee of 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 any the other party.
Appears in 2 contracts
Samples: Employment Agreement (Delaware Otsego Corp), Control Agreement (Delaware Otsego Corp)
Waiver of Breach. Any waiver by The failure of either party to assert any breach or a breach of to insist upon strict compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of such provision or any subsequent breach by other provision. If any partyparty waives or is deemed to have waived a provision in a particular instance or circumstance, such waiver shall not apply to any other instance or circumstance.
Appears in 2 contracts
Samples: Services Agreement (American States Financial Corp), Services Agreement (American States Financial Corp)
Waiver of Breach. Any The waiver by either any party or a of the 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 any other party.
Appears in 2 contracts
Samples: Option Surrender Agreement (American Medical Security Group Inc), Option Surrender Agreement (American Medical Security Group Inc)
Waiver of Breach. Any The waiver by either party or of a breach of any provision of this Agreement by the other party shall must be in writing and will not operate or be construed as a waiver of any subsequent breach by such other party. No course of conduct or failure or delay in enforcing the provisions of this Agreement shall effect the validity, binding effect or enforceability of this Agreement or any partyprovisions hereof.
Appears in 2 contracts
Samples: Employment Agreement (Quality Distribution Inc), Employment Agreement (Quality Distribution Inc)
Waiver of Breach. Any The waiver or failure to act by either any party or following a breach of any provision or term of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by any party.
Appears in 2 contracts
Samples: Service Expansion Agreement, Service Expansion Agreement
Waiver of Breach. Any The waiver by either any party or of a breach or violation of any provision of this Agreement by the other party shall will not operate as, or be construed as to be, a waiver of any subsequent breach by any partyof the same or other provision.
Appears in 2 contracts
Samples: Partnership Interest Purchase and Sale Agreement (Hboa Holdings Inc), Partnership Interest Purchase and Sale Agreement (Hboa Holdings Inc)
Waiver of Breach. Any The waiver by of either party or of a breach of any provision of this the Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by any either party.
Appears in 2 contracts
Samples: Business Consulting Agreement (SpeechSwitch, Inc.), Investor Relations Agreement (SpeechSwitch, Inc.)
Waiver of Breach. Any A waiver by either party or of a breach of any provision of this Agreement by the other party shall not operate or neither constitute nor be construed as a waiver by that party of any subsequent breach by any partylater similar breaches.
Appears in 2 contracts
Samples: Employment Agreement (Intraware Inc), Employment Agreement (Shrena Software Inc)
Waiver of Breach. Any The waiver by either any party or hereto of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver waive of any subsequent breach by any of such party.
Appears in 2 contracts
Samples: Employment Agreement (Voyager Net Inc), Employment Agreement (Voyager Net Inc)
Waiver of Breach. Any No waiver by either party or a breach hereto of any breach by the other party of any condition or provision of this Agreement to be performed by the such other party shall not operate or be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same, or at any subsequent breach by any partyprior or subsequent, time.
Appears in 2 contracts
Samples: Retirement Agreement (Thomas & Betts Corp), Agreement (Thomas & Betts Corp)
Waiver of Breach. Any waiver Waiver of breach by either party or a breach of any provision the terms and provisions of this Agreement by the other party at any time or times shall not operate be deemed or be construed as a waiver of any subsequent breach or breaches by either party of the same, or of the other, terms of provisions of the Agreement at any partytime or times.
Appears in 2 contracts
Samples: Authority Special Education Service Agreement, Authority Special Education Service Agreement
