Common use of Waiver of Default Clause in Contracts

Waiver of Default. Waiver by any party of any default by the other party of any provision of this Agreement shall not be deemed a waiver by the waiving party of any subsequent or other default, nor shall it prejudice the rights of such party. No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 22 contracts

Samples: Tax Matters Agreement (Archrock, Inc.), S and Registration Rights Agreement (Enova International, Inc.), Shareholders Agreement (Terex Corp)

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Waiver of Default. Waiver by any party a Party of any default by the other party Party of any provision of this Agreement must be in writing and shall not be deemed a waiver by the waiving party Party of any subsequent or other default, nor shall it prejudice the rights of such partythe other Party. No failure or delay by any party a Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 15 contracts

Samples: Transition Services Agreement (Zimmer Biomet Holdings, Inc.), Stockholder and Registration Rights Agreement (Arconic Inc.), Stockholder and Registration Rights Agreement (Consensus Cloud Solutions, Inc.)

Waiver of Default. Waiver by any party Party of any default by the other party Party of any provision of this Agreement shall not be deemed a waiver by the waiving party Party of any subsequent or other default, nor shall it prejudice the rights of such partyParty. No failure or delay by any party Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 9 contracts

Samples: Patent and Technology Cross License Agreement (SunEdison Semiconductor Pte. Ltd.), Patent and Technology License Agreement (SunEdison Semiconductor LTD), Technology Joint Development (SunEdison Semiconductor Pte. Ltd.)

Waiver of Default. Waiver Any waiver at any time by any party Party hereto of any default by the right with respect to any other party of Party with respect to any provision of matter arising in connection with this Agreement shall not be deemed considered a waiver by the waiving party of with respect to any subsequent default or other default, nor shall it prejudice the rights of such party. No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilegematter.

Appears in 7 contracts

Samples: Anadromous Fish Agreement, Anadromous Fish Agreement, Anadromous Fish Agreement

Waiver of Default. Waiver by any party a Party of any default by the other party Party of any provision of this Agreement shall not be deemed a waiver by the waiving party Party of any subsequent or other default, nor shall it prejudice the rights of such partythe waiving Party. No failure or delay by any party a Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 6 contracts

Samples: Shareholder and Registration Rights Agreement (Equitrans Midstream Corp), Stockholder and Registration Rights Agreement (Mdu Resources Group Inc), Shareholder and Registration Rights Agreement (EQT Corp)

Waiver of Default. Waiver by any party a Party of any default by the other party another Party of any provision of this Agreement shall not be deemed a waiver by the waiving party Party of any subsequent or other default, nor shall it prejudice the rights of such partyany other Party. No failure or delay by any party a Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 5 contracts

Samples: Tax Matters Agreement (XPO Logistics, Inc.), Tax Matters Agreement (RXO, Inc.), Tax Matters Agreement (Rxo, LLC)

Waiver of Default. Waiver by any party Party of any default by the other party Party of any provision of this Agreement shall not be deemed a waiver by the waiving party Party of any subsequent or other default, nor shall it prejudice the rights of such partyParty. No failure or delay by any party Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 4 contracts

Samples: Supply Agreement, Supply Agreement (Exterran Corp), Supply Agreement (Archrock Partners, L.P.)

Waiver of Default. Waiver Any waiver at any time by any ----------------- party hereto of any default by the other party of any provision of its rights under this Agreement shall not be deemed constitute a waiver by the waiving party of any subsequent or other default, nor shall it prejudice the rights of such partydefault hereunder. No failure delay or delay omission by any party in exercising to exercise any right, right or power accruing upon a default hereunder shall impair any such right or power or privilege under this Agreement shall operate as be construed to be a waiver thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power such default or privilegeacquiescence therein.

Appears in 4 contracts

Samples: Operating Agreement (Material Sciences Corp), Coating Agreement (Material Sciences Corp), Coating Agreement (Material Sciences Corp)

Waiver of Default. Waiver by any party a Party of any default by the other party Party of any provision of this Agreement shall not be deemed a waiver by the waiving party Party of any subsequent or other default, nor shall it prejudice the rights of such partythe other Party. No failure or delay by any party a Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 3 contracts

Samples: Tax Matters Agreement (Enhabit, Inc.), Tax Matters Agreement (Encompass Health Corp), Tax Matters Agreement (Enhabit, Inc.)

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Waiver of Default. Waiver No purported waiver by any party either Party of any default by the other party Party of any term or provision contained herein (whether by omission, delay or otherwise) shall be deemed to be a waiver of this Agreement such term or provision unless the waiver is in writing and signed by the waiving Party. No such waiver in any event shall not be deemed a waiver by the waiving party of any subsequent default under the same or other default, nor shall it prejudice the rights of such party. No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any other term or further exercise thereof or the exercise of any other right, power or privilegeprovision contained herein.

Appears in 3 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Waiver of Default. Waiver by any party of any default by the other party of on any provision of this Agreement shall not be deemed a waiver by the waiving party of any subsequent or other default, nor shall it prejudice the rights of such the other party. No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.

Appears in 2 contracts

Samples: Indemnification Agreement (SunCoke Energy, Inc.), Indemnification Agreement (SunCoke Energy, Inc.)

Waiver of Default. Waiver by any party Party of any default by the other party Party of any provision of this Agreement shall not be deemed a waiver by the waiving party Party of any subsequent or other default, nor shall it prejudice the rights of such party. No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any the other or further exercise thereof or the exercise of any other right, power or privilegeParty.

Appears in 1 contract

Samples: Master Manufacturing and Supply Agreement (Zoetis Inc.)

Waiver of Default. Waiver Any waiver at any time by any party Party hereto of any default by the right with respect to any other party of Party or with respect to any provision of matter arising in connection with this Agreement shall not be deemed considered a waiver by the waiving party of with respect to any subsequent default or other default, nor shall it prejudice the rights of such party. No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilegematter.

Appears in 1 contract

Samples: Chinook Protection Program

Waiver of Default. Waiver No waiver by any either party of any default by of the other party of any provision of this Agreement shall not be deemed held to be a waiver by the waiving party of any subsequent or other default, nor shall it prejudice the rights of such party. No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof subsequent default. The failure of either party at any time, to enforce or the exercise require performance of any of the provisions of this Licence Agreement, or to exercise any right or option provided, shall in no way be construed to be a waiver of that or any other right, power provisions of this Licence Agreement or privilegeto affect the right of such party thereafter to enforce each such provision.

Appears in 1 contract

Samples: Licence Agreement

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