Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 18 contracts
Samples: Asset Purchase Agreement (Sunlink Health Systems Inc), Partnership Interest Purchase Agreement (CNL Income Properties Inc), Asset Purchase Agreement (Sunlink Health Systems Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Management Services Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 17 contracts
Samples: Management Services Agreement (Castle Dental Centers Inc), Management Services Agreement (Castle Dental Centers Inc), Management Services Agreement (Castle Dental Centers Inc)
Waiver of Breach. The A waiver by any party Employee or Company of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofby either party.
Appears in 17 contracts
Samples: Restricted Stock Award Agreement (Realpage Inc), Employment Agreement (RealPage, Inc.), Employment Agreement (RealPage, Inc.)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 17 contracts
Samples: Asset Purchase Agreement (Medcath Corp), Asset Purchase Agreement (Medcath Corp), Equity Purchase Agreement (Medcath Corp)
Waiver of Breach. The A waiver by of any party of a breach or violation of any provision of this Agreement shall not constitute or operate as, or be construed to constitute, as a waiver of any subsequent other breach of the same such provision or of any other provision, and any failure to enforce any provision hereofhereof shall not operate as a waiver of such provision or of any other provision.
Appears in 15 contracts
Samples: Employment Agreement (Modular Medical, Inc.), Employment Agreement (Modular Medical, Inc.), Employment Agreement (Berry Plastics Holding Corp)
Waiver of Breach. The A waiver by any party of a or breach or violation of any provision of this Agreement shall not constitute or operate as, or be construed to constitute, as a waiver of any subsequent other breach of the same such provision or of any other provision, and any failure to enforce any provision hereofhereof shall not operate as a waiver of such provision or of any other provision.
Appears in 13 contracts
Samples: Employment Agreement (Central European Media Enterprises LTD), Employment Agreement (RSL Communications LTD), Employment Agreement (Central European Media Enterprises LTD)
Waiver of Breach. The waiver by any either party of a breach or violation hereto of any provision breach of this Agreement the terms and conditions hereof will not be considered a modification of any provision, nor shall not operate as, or be construed to constitute, such a waiver act to bar the enforcement of any subsequent breach of the same or any other provision hereofbreach.
Appears in 12 contracts
Samples: Consulting Agreement, Independent Contractor Service Agreement, Consulting Agreement
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or nor be construed to constitute, as a waiver of any subsequent breach breach, nor shall any waiver of the same or any provision of this Agreement in any instance shall be deemed to be a waiver of any other provision hereofin any other instance.
Appears in 11 contracts
Samples: Employment Agreement (Franklin Financial Network Inc.), Employment Agreement (Franklin Financial Network Inc.), Employment Agreement (Franklin Financial Network Inc.)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement or the failure of a party to exercise any right under this Agreement shall not operate asin no event constitute a waiver as to any other breach, whether similar or dissimilar in nature, or be construed to constitute, a waiver prevent the exercise of any subsequent breach of the same or any other provision hereofright under this Agreement.
Appears in 11 contracts
Samples: Vanderbilt University Professional Services Agreement, Professional Services Agreement, Vanderbilt University Professional Services Agreement
Waiver of Breach. The waiver by any either party to this Agreement of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofviolation thereof.
Appears in 11 contracts
Samples: Ipa Services Agreement (Prospect Medical Holdings Inc), Ipa Services Agreement (Prospect Medical Holdings Inc), Ipa Services Agreement (Prospect Medical Holdings Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement hereof shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 11 contracts
Samples: Employment Agreement (BankFinancial CORP), Employment Agreement (Success Bancshares Inc), Employment Agreement (Success Bancshares Inc)
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 10 contracts
Samples: Pgy1 Pharmacy Resident Agreement, Resident Agreement, Resident Agreement
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision provisions hereof.
Appears in 10 contracts
Samples: Limited Liability Company Agreement (Generation Income Properties, Inc.), Limited Liability Company Agreement (Generation Income Properties, Inc.), Limited Liability Company Agreement (Generation Income Properties, Inc.)
Waiver of Breach. The waiver by any either party of a breach or ---------------- violation of any provision of this Management Services Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 9 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Waiver of Breach. The waiver by any either party of a any breach or violation of any provision of this Agreement shall not operate as, be deemed to be a waiver or be construed to constitute, a continuing waiver of any subsequent breach or violation of the same or any other provision hereofof this Agreement.
Appears in 9 contracts
Samples: West Hollywood Municipal Facility License Agreement, Wireless Use Agreement, Municipal Pole Attachment Agreement
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent other breach of the same or any other provision hereofdifferent provision.
Appears in 8 contracts
Samples: Practitioner Affiliation Agreement, Provider Group Affiliation Agreement, Practitioner Affiliation Agreement
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall is not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Biozone Pharmaceuticals, Inc.), Asset Purchase Agreement (Counsel RB Capital Inc.), Membership Interest Purchase Agreement (CardioGenics Holdings Inc.)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 8 contracts
Samples: Business Associate Agreement, Health Services Agreement, Health Services Agreement
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach or violation of the same or any other provision hereofthis Agreement.
Appears in 8 contracts
Samples: Medicare Next Generation Aco Preferred Provider Agreement, Preferred Provider Agreement, Preferred Provider Agreement
Waiver of Breach. The waiver by any either party of a any breach or violation of any provision of this Use Agreement shall not operate as, be deemed to be a waiver or be construed to constitute, a continuing waiver of any subsequent breach or violation of the same or any other provision hereofof this Use Agreement.
Appears in 8 contracts
Samples: Pole Use Agreement, Way Use Agreement, Use Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision provisions of this Agreement by the other shall not operate as, or be construed to constitute, as a waiver of any subsequent breach breach. A delay or failure by either party to exercise a right under this Agreement, or a partial or single exercise of the same that right, shall not constitute a waiver of that or any other provision hereofright.
Appears in 8 contracts
Samples: Confidential Separation Agreement (Costar Group Inc), Employment Agreement (Costar Group Inc), Employment Agreement (Realty Information Group Inc)
Waiver of Breach. The waiver by any party Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 8 contracts
Samples: Partnership Interest Purchase Agreement (Paincare Holdings Inc), Asset Purchase Agreement (Modern Medical Modalities Corp), Partnership Interest Purchase Agreement (Paincare Holdings Inc)
Waiver of Breach. The waiver by any party to this Agreement of a breach or violation of any provision provision, section or paragraph of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same same, or of a different provision, section or paragraph, by any other provision hereofparty hereto.
Appears in 8 contracts
Samples: Consulting Agreement (Mississippi Power Co), Consulting Agreement (Mueller Water Products, Inc.), Consulting Agreement (Pab Bankshares Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, constitute a waiver of any subsequent breach of the same or any other provision hereofanother provision.
Appears in 7 contracts
Samples: Business Operations and Support Services Agreement (Radiation Therapy Services Inc), Business Operations and Support Services Agreement (Radiation Therapy Services Inc), Business Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision provisions of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereofthereof.
Appears in 7 contracts
Samples: Employment Agreement (Muller Media Inc), Employment Agreement (Muller Media Inc), Employment Agreement (Muller Media Inc)
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 6 contracts
Samples: Resident Agreement of Appointment, Resident Agreement of Appointment, Resident Agreement
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or nor be construed to constitute, as a waiver of any subsequent breach breach, nor shall any waiver of the same or any provisions of this Agreement in any instance shall be deemed to be a waiver of any other provision hereofin any other instance.
Appears in 6 contracts
Samples: Employment Agreement (Center Bancorp Inc), Employment Agreement (Bancorp of New Jersey, Inc.), Employment Agreement (Bancorp of New Jersey, Inc.)
Waiver of Breach. The waiver by any of either party of a breach or of violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 6 contracts
Samples: Resident Agreement, Geisinger Medical Center Resident Agreement, Geisinger Health System Resident Agreement
Waiver of Breach. (a) The waiver by any party the Company or the Employee of a breach or violation of any provision of this Employment Agreement shall not operate as, or be construed to constitute, as a waiver by such party of any subsequent breach of the same or any other provision hereofbreach.
Appears in 6 contracts
Samples: Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc)
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 6 contracts
Samples: Tuition Assistance Agreement, Tuition Assistance Agreement, Quality Improvement Agreement
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this Agreement or failure to enforce any provisions hereof shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or by any other provision hereofparty.
Appears in 5 contracts
Samples: Agreement (Autoco Com Inc), Agreement (Autoco Com Inc), Agreement (Autoco Com Inc)
Waiver of Breach. The waiver by any party of a breach or violation of any provision provisions of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofbreach.
Appears in 5 contracts
Samples: Employment Agreement (Cylink Corp /Ca/), Employment Agreement (Cylink Corp /Ca/), Employment Agreement (Cylink Corp /Ca/)
Waiver of Breach. The waiver by any party One or more waivers of a breach or violation of any covenant, term or provision of this Agreement by any party shall not operate as, or be construed to constitute, as a waiver of any a subsequent breach of the same covenant, term or provision, nor shall it be considered a waiver of any other provision hereofthen existing or subsequent breach of a different covenant, term or provision.
Appears in 5 contracts
Samples: Separation Agreement (Scientific Games Corp), And General Release Agreement (Scientific Games Corp), Agreement and General Release (Scientific Games Corp)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision provisions hereof.
Appears in 5 contracts
Samples: Redemption Agreement (Taubman Centers Inc), Purchase and Sale Agreement (Taubman Centers Inc), Service Agreement
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement or the failure of any party to insist upon compliance with any condition hereof shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of breach; and no waiver shall be valid unless it is in writing and is signed by the same or any other provision hereofparty against whom such waiver is sought.
Appears in 5 contracts
Samples: Employment Agreement (SCP Pool Corp), Employment Agreement (SCP Pool Corp), Employment Agreement (SCP Pool Corp)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof. Any waiver of a breach or violation of any provision of this Agreement must be in writing and signed by the party waiving such breach or violation to be effective.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Community Health Systems Inc), Asset Purchase Agreement (Community Health Systems Inc), Asset Purchase Agreement (Community Health Systems Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Retail Business Management Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 5 contracts
Samples: Retail Business Management Agreement (Eye Care Centers of America Inc), Employment Agreement (Eyemasters Inc), Employment Agreement (Eyemasters Inc)
Waiver of Breach. The A waiver by any party of a breach or violation of any provision of this Agreement by any other party shall not operate as, or be construed (a) as continuing, or (b) as a bar to, or a waiver or release of, any subsequent right, remedy, or recourse as to constitutea subsequent event, or (c) as a waiver of any subsequent breach of the same or any by that other provision hereofparty.
Appears in 5 contracts
Samples: Stock Restriction and Repurchase Agreement (Altair Engineering Inc.), Stock Restriction and Repurchase Agreement (Altair Engineering Inc.), Stock Restriction and Repurchase Agreement (Altair Engineering Inc.)
Waiver of Breach. The waiver by any by, either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 5 contracts
Samples: Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc)
Waiver of Breach. The waiver by any either party of a breach or of violation of any provision of this the Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 5 contracts
Samples: Dentaquest LLC Dental Provider Service Agreement, Dental Provider Service Agreement, Dental Provider Service Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 5 contracts
Samples: Wellness Services Agreement – 18 Month Contract, Administrative Services Agreement (Nuevo Energy Co), Management Agreement (Quicksilver Resources Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 4 contracts
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc), Asset Purchase Agreement (Medcath Corp), Professional Business Management Agreement (Eye Care Centers of America Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Business Management Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 4 contracts
Samples: Employment Agreement (Vision Twenty One Inc), Employment Agreement (Vision Twenty One Inc), Employment Agreement (Vision Twenty One Inc)
Waiver of Breach. The waiver by any party of any provision of this Agreement or a breach or violation of any provision of this Agreement shall will not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same other provision or any other provision hereofsubsequent breach.
Appears in 4 contracts
Samples: Administrative Services Agreement (DPL Inc), Long Term Care Insurance Worksite Agreement, Management Services Agreement (DPL Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, constitute a waiver of any subsequent breach or violation of the same or any other provision hereofthereof.
Appears in 4 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereofanother provision.
Appears in 4 contracts
Samples: Service Agreement (Asah Corp), Service Agreement (Asah Corp), Service Agreement (Asah Corp)
Waiver of Breach. The Any waiver by any either party of a breach or violation of any provision the terms and conditions of this Agreement shall not operate as, or be construed to constitute, considered as a waiver of any subsequent breach of the same or any other provision term and condition hereof. 13.4.
Appears in 4 contracts
Samples: Employment Agreement (Knickerbocker L L Co Inc), Employment Agreement (Knickerbocker L L Co Inc), Employment Agreement (Knickerbocker L L Co Inc)
Waiver of Breach. The waiver Waiver by any party of a breach or violation Party hereto of any provision term and/or breach of this Agreement shall not operate as, be deemed or be construed to constitute, as a waiver of any subsequent breach of the same other term and/or breach, whether prior, subsequent, or any other provision hereofcontemporaneous with this Agreement.
Appears in 4 contracts
Samples: Settlement Agreement and Release (Generex Biotechnology Corp), Settlement Agreement and Release (Generex Biotechnology Corp), Settlement Agreement and Release (Generex Biotechnology Corp)
Waiver of Breach. The A waiver by of any party of a to this Agreement or the breach or violation of any term or provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofby either party.
Appears in 4 contracts
Samples: Agreement, Agreement for Additional Law Enforcement Services, Agreement for Additional Law Enforcement Services
Waiver of Breach. The waiver by any a party of a breach or violation by the other party of any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any other provision of this Agreement or of any subsequent breach of the same or provision. No delay in acting with regard to any other breach of any provision hereofof this Agreement shall be construed to be a waiver of such breach.
Appears in 4 contracts
Samples: Resident Employment Agreement, Resident Employment Agreement, Resident Employment Agreement
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement Agreement, whether intentional or not, shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 4 contracts
Samples: General and Administrative Services Agreement, General and Administrative Services Agreement (El Paso Energy Partners Lp), General and Administrative Services Agreement (El Paso Energy Partners Lp)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement by any other party shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same that provision or any other provision hereof.
Appears in 4 contracts
Samples: Professional Services Agreement (Frontier Group Holdings, Inc.), Professional Services Agreement (Maxum Petroleum Holdings, Inc.), Professional Services Agreement (Spirit Airlines, Inc.)
Waiver of Breach. The the waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or to be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 3 contracts
Samples: Service Management Agreement (Dynacq International Inc), Service Management Agreement (Dynacq International Inc), Service Management Agreement (Dynacq International Inc)
Waiver of Breach. The waiver by any party Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Real Brokerage Inc), Membership Interest Transfer Agreement, Asset Purchase Agreement (CareMax, Inc.)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, constitute a waiver of any subsequent breach or violation of the same or any other provision hereofthereof.
Appears in 3 contracts
Samples: Right of Way Maintenance Services Agreement With Premier, Agreement, Sample Model Contract
Waiver of Breach. The waiver by any party Employer or by Employee of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any prior or subsequent breach by either of the same or any other provision hereofparties hereto.
Appears in 3 contracts
Samples: Employment Agreement (Integrity Mutual Funds Inc), Employment Agreement (Integrity Mutual Funds Inc), Employment Agreement (Integrity Mutual Funds Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Management Agreement (Hanover Compressor Co /), Management Agreement (Oec Compression Corp), Management Agreement (Tatham Offshore Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof. A waiver shall be effective only if in writing. Failure to enforce any provision of this Agreement shall not preclude enforcement of such provision thereafter so long as the breach or violation of such provision shall continue.
Appears in 3 contracts
Samples: Psychiatry Resident Employment Agreement, Psychiatry Resident Agreement With, Resident Employment Agreement
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this the Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach by any of the same or any other provision hereofparties hereto.
Appears in 3 contracts
Samples: Employment Agreement (Petrogress, Inc.), Employment Agreement (Petrogress, Inc), Employment Agreement (Petrogress, Inc.)
Waiver of Breach. The waiver by any either party of a any condition or covenant, or of any breach or violation of any provision of this Agreement shall not operate as, or to be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 3 contracts
Samples: Management Support and Marketing Agreement (Dynacq Healthcare Inc), Management Support and Marketing Agreement (Dynacq Healthcare Inc), Management Support and Marketing Agreement (Dynacq International Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Evolve Direct Primary Care Employer Agreement, Instructor Certification Program Agreement, Affiliation Agreement
Waiver of Breach. The waiver by any party of a any breach or violation of any provision covenant or condition of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of such covenant or condition or of the same or breach of any other provision hereofcovenant or condition contained in this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (LMP Automotive Holdings Inc.), Employment Agreement (LMP Automotive Holdings Inc.), Employment Agreement (LMP Automotive Holdings Inc.)
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or nor be construed to constitute, as a waiver of any subsequent breach breach, nor shall any waiver of the same or any provision of this Agreement in any instance be deemed to be a waiver of any other provision hereofin any other instance.
Appears in 3 contracts
Samples: Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp)
Waiver of Breach. The waiver by any party either Party of a breach or ------------------ violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 3 contracts
Samples: Employment Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc)
Waiver of Breach. The waiver by any either party to this Agreement of a breach or violation of any provision provision, section or paragraph of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same same, or of a different provision, section or paragraph, by any other provision hereofparty hereto.
Appears in 3 contracts
Samples: Consulting Agreement (Journal Communications Inc), Consulting Agreement (Mobetize, Corp.), Consulting Agreement (Nazerali Altaf)
Waiver of Breach. The waiver by any party to this Agreement of a any breach or violation of any provision of this Agreement by the other party hereto shall not operate as, or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofviolation thereof.
Appears in 3 contracts
Samples: Merchandise Servicing Agreement (Aeropostale Inc), Merchandise Servicing Agreement (Aeropostale Inc), Interim Merchandise Servicing Agreement (Aeropostale Inc)
Waiver of Breach. The A waiver by any party of a to this Agreement or the breach or violation of any term or provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofby either party.
Appears in 3 contracts
Samples: A Lease and Management Agreement, Lease and Management Agreement, Intergovernmental Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent other breach of the same or any other provision hereofdifferent provision.
Appears in 3 contracts
Samples: Guaranty Agreement (HealthSpring, Inc.), Stock Purchase Agreement (HealthSpring, Inc.), Agreement by And (Optimum Health Services Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision provisions of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereofprovision.
Appears in 3 contracts
Samples: Agreement (Balanced Care Corp), Development Agreement (Balanced Care Corp), Development Agreement (Balanced Care Corp)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver by such party of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Waiver of Breach. The waiver by any either party hereto of a ---------------- breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Seracare Life Sciences Inc), Master Separation and Distribution Agreement (Seracare Life Sciences Inc)
Waiver of Breach. A. The waiver by any either party of a breach or a violation of any provision of this Agreement shall not operate as, or be by construed to constitute, be a waiver of any subsequent breach of the same any term or any other provision hereofcondition hereto.
Appears in 2 contracts
Samples: Agent Services and Commission Agreement, Business Associate Agreement
Waiver of Breach. The waiver by any party either Party hereto of a breach or violation of any provision of this Agreement shall will not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereofof this Agreement.
Appears in 2 contracts
Samples: Syndication Services Agreement (Bazaarvoice Inc), Transition Services Agreement (Bazaarvoice Inc)
Waiver of Breach. DRAFT The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Resident Agreement, Resident Agreement
Waiver of Breach. The waiver by any party either Party of a breach or a violation of any provision portion of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Everside Client Agreement, Business Associate Agreement
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this ---------------- Agreement or failure to enforce any provision hereof shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or by any other provision hereofparty.
Appears in 2 contracts
Samples: Employment Agreement (Total Sports Inc), Employment and Noncompetition Agreement (Total Sports Inc)
Waiver of Breach. The A waiver by any party to this License of a the breach or violation of any term or provision of this Agreement License shall not operate as, or be construed to constitute, constructed as a waiver of any subsequent breach of the same or by any other provision hereofparty.
Appears in 2 contracts
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall hereunder will not operate as, or be construed to constitute, constitute a waiver of any prior, simultaneous, or subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Independent Contractor Agreement (Radiation Therapy Services Inc), Independent Contractor Agreement (Radiation Therapy Services Holdings, Inc.)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofthis Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (RX Safes, Inc.), Membership Interest Purchase Agreement (22nd Century Group, Inc.)
Waiver of Breach. The A waiver by any party of a breach or violation of any provision of this Agreement shall not operate asoperate, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision provisions hereof.
Appears in 2 contracts
Samples: Ground Lease Agreement, Lease Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereofanother provision.
Appears in 2 contracts
Samples: Escrow Agreement (Core Laboratories N V), Escrow Agreement (Core Laboratories N V)
Waiver of Breach. The waiver by of any party breach of a breach any provision of this Agreement or violation of failure to enforce any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or by any other provision hereofparty.
Appears in 2 contracts
Waiver of Breach. The waiver Waiver by any party of a breach or violation of any provision of this Agreement ---------------- shall not operate as, as or be construed to constitute, a waiver by such party of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Employment Agreement (Premier National Bancorp Inc), Employment Agreement (Premier National Bancorp Inc)
Waiver of Breach. The waiver by any party Party of a breach or violation of any term or provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or by any other provision hereofParty.
Appears in 2 contracts
Samples: Subdivision Development Agreement, Subdivision Improvement Agreement
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this Agreement or failure to enforce any provision hereof by Provider shall not operate as, or be construed to constituteas a waiver by Provider nor of any other provision of the entire agreement, nor as a waiver of any subsequent breach of the same or any other provision hereofby Receiver.
Appears in 2 contracts
Samples: Consulting Agreement, Liability Management Licensing Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this the Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Provider Agreement, Provider Agreement
Waiver of Breach. The waiver by any either party of a breach or violation ---------------- of any provision of this Management Services Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 2 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Waiver of Breach. The waiver Waiver by any party Party of a any breach of any provision of this Agreement or violation of the failure to insist upon strict compliance with any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same such provision or any other provision hereofprovisions.
Appears in 2 contracts
Samples: Amplifon Network Participation Agreement, Amplifon Network Participation Agreement
Waiver of Breach. The Any waiver by any either party of a breach or violation of any provision the terms and conditions of this Agreement shall not operate as, or be construed to constitute, considered as a waiver of any subsequent breach of the same or any other provision term and condition hereof.
Appears in 2 contracts
Samples: Employment Agreement (Knickerbocker L L Co Inc), Employment Agreement (Knickerbocker L L Co Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement Lease shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Lease Agreement, Sublease Agreement
Waiver of Breach. The waiver by any party INS or Consultant of a the breach or violation ---------------- of any provision of this Agreement by the other party, or the failure to exercise any right granted under this Agreement shall not operate as, or be construed to constitute, a as the waiver of any subsequent breach by the other party or the waiver of the same or right to exercise any other provision hereofsuch right in the future.
Appears in 2 contracts
Samples: Independent Marketing Consulting Agreement (Insynq Inc), Independent Marketing Consultant Agreement (Insynq Inc)
Waiver of Breach. The waiver by any party to the Agreement of a breach or violation of any provision provision, section or paragraph of this the Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same same, or of a different provision, section or paragraph, by any other provision hereofparty hereto.
Appears in 2 contracts
Samples: Consulting Agreement (Alabama Power Co), Consulting Agreement (Southern Power Co)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall will not operate as, or be construed to constitute, deemed a waiver of any subsequent breach of the same or any other provision hereofa different provision.
Appears in 2 contracts
Samples: Staffing Agreement, Sunny Day
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofthereof.
Appears in 2 contracts
Samples: HMC Healthworks Contracted Provider Agreement, Administrative and Solicitor Firm Services Agreement
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Operating Agreement shall not operate as, as or be construed to constitute, as a waiver of any subsequent breach breach. Each and every right, remedy, and power granted to any party by this Agreement or allowed it by law shall be cumulative and not exclusive of the same or any other provision hereofother.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Waiver of Breach. The A waiver by any party either Party of a breach or violation of any provision of this the Agreement shall not operate as, be deemed or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofbreach.
Appears in 2 contracts
Samples: Interlocal Agreement, Interlocal Cooperation Agreement
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Fundraising Agreement, Fundraising Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofthereof.
Appears in 2 contracts
Samples: Health Services Agreement (Molina Healthcare Inc), Medical Group Services Agreement (Physician Partners Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent other breach of the same or any other provision hereofdifferent provision.
Appears in 2 contracts
Samples: Gainsharing Agreement, Hospital Physician Participation Agreement
