Waiver of Breaches. No waiver of any breach of any of the terms, provisions or conditions of this Agreement shall be construed or held to be a waiver of any other breach, or a waiver of, acquiescence in or consent to any further or succeeding breach thereof.
Waiver of Breaches. The failure of the University to exercise any right or remedy available to the University as a result of the Resident’s breach of any of the terms or conditions of this Agreement shall not be deemed to be a waiver by the University of any such rights or remedies. No terms or conditions of the Agreement required to be performed by the Resident and no breach thereof shall be waived, altered, or modified except by an express, written instrument executed by the University. The receipt of payment by the University with the knowledge of the breach of any terms or conditions of this Agreement shall not be deemed a waiver of such breach. The specified remedies to which the University may resort under the terms of this Agreement are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the University may be lawfully entitled in case of any breach or threatened breach by the Resident of any provision of this Agreement.
Waiver of Breaches. Failure of the University to exercise any right or remedy available to the University as a result of the Student’s breach of any of the terms, covenants, or conditions of this contract shall not be deemed to be a waiver by the University of any such rights or remedies. No terms or conditions of this contract required to be performed by the Student and no breach thereof shall be waived, altered, or modified except by an express written permission of the University. The receipt of payment by the University, with the knowledge of the breach of any terms, covenants, or conditions of this contract, shall not be deemed a waiver of such breach.
Waiver of Breaches. In the event of a breach of any provision of this Agreement by one party, no action or failure to act by the other party shall constitute a waiver of any right or duty afforded by that party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any such breach, except as may be specifically agreed to in writing.
Waiver of Breaches. City’s review or acceptance of, or payment for, work product prepared by FIRM under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from FIRM’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
Waiver of Breaches. Subject to the provisions of Section 12.1(a)(i)(C) and Section 12.1(a)(ii)(C), if the Initial Closing and/or any Subsequent Closing occurs, the Buyer and Parent shall be deemed to have waived all breaches of representations , warranties and covenants of the Company and Sellers of which Buyer or the Parent has actual knowledge because such breach has been disclosed with particularity on an applicable disclosure schedule as of the date of this Agreement or on any updated disclosure schedule pursuant to Section 7.16 as of the time of the Initial Closing and/or any Subsequent Closing, as applicable, and the Sellers and the Company shall have no liability with respect thereto after the applicable closing.
Waiver of Breaches. 17.1 No condoning, excusing, overlooking or delay in acting upon any default of the Licensee at any time shall act as a waiver of the Licensor's rights under this agreement except as an express waiver in writing.
Waiver of Breaches. The failure, delay or forbearance of any of the parties to insist on strict performance of any term, provision or condition of this Agreement or, in the case of the Company, of any comparable agreement with any other company, or to exercise any right or remedy, shall not be construed as a waiver. Express waiver by any party in one or more instances shall not waive subsequent strict performance of such term, provision or condition by any other party.
Waiver of Breaches. The Holders of a majority in Current Principal Amount of the Securities of all series at the time Outstanding with respect to which a breach shall have occurred and be continuing (voting as a single class) may on behalf of the Holders of all such Securities waive any past breach and its consequences, except a breach in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Security affected. In the case of any such waiver, the Issuer, the Trustee and the Holders of all such Securities shall be restored to their former positions and rights hereunder, respectively, but no such waiver shall extend to any subsequent or other breach or impair any right consequent thereon. Upon any such waiver, such breach shall cease to exist and be deemed to have been cured and not to have occurred for every purpose of this Perpetual Subordinated Indenture, but no such waiver shall extend to any subsequent or other breach or impair any right consequent thereon.
Waiver of Breaches. Lender hereby waives, and will not pursue or exercise any remedies with respect to, the Management Change Breaches. The foregoing waiver relates solely to the Management Change Breaches to the extent described above and nothing in this Second Addendum shall be deemed, or is intended, to: (x) constitute a waiver of compliance by the Party with respect to any other term, provision, or condition of the Credit Agreement or any other Loan Document, or any other instrument or agreement referred to therein; or (y) prejudice any right or remedy that the Lender may now have or may have in the future under or in connection with the Credit Agreement or any other Loan Document, or any other instrument or agreement referred to therein.
