Common use of Waiver of Performance Clause in Contracts

Waiver of Performance. The failure of either party to insist in any instance upon strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions or stipulations contained in the Franchise shall not be considered a waiver thereof, and the same shall continue and remain in full force and effect. No waiver by the City of any provision, term, covenant, reservation, condition or stipulation contained in this Franchise shall be deemed to have modified the terms of this Franchise unless expressed in the form of an amendment to this Franchise.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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Waiver of Performance. The failure of either party Party to insist insist, in any instance one or more instances, upon a strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions conditions, or stipulations contained in the Franchise this Contract, shall not be considered a waiver or relinquishment thereof, and but the same shall continue and remain in full force and effect. No , and no waiver by the City either Party of any provision, term, covenant, reservation, condition or stipulation contained in this Franchise hereunder shall be deemed to have modified the terms of this Franchise been made in any instance unless expressed in writing and agreed to by the form of an amendment to this FranchiseParties.

Appears in 2 contracts

Samples: Concession Contract, www.mwaa.com

Waiver of Performance. The failure of either any party to insist in any instance upon a strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions or stipulations contained in the Franchise Agreement, shall not be considered a waiver thereof, and the same shall continue and remain in full force and effect. No waiver by any of the City parties of any provision, term, covenant, reservation, condition or stipulation contained in this Franchise Agreement shall be deemed to have modified the terms of this Franchise been made in any instance unless expressed in the form of an amendment to this Franchisea resolution by the applicable governing body.

Appears in 1 contract

Samples: Interlocal Agreement

Waiver of Performance. The failure of either party to insist in any instance upon strict performance by the other party of any of the provisions, terms, covenants or conditions of this Lease or to exercise any option herein conferred in any one or more instance shall not be construed as a waiver or relinquishment for the future of any such covenants, reservations, conditions or stipulations contained in the Franchise shall not be considered a waiver thereofoptions, and but the same shall continue be and remain in full force and effect. No waiver by the City of any provision, term, covenant, reservation, condition or stipulation contained in this Franchise shall be deemed to have modified the terms of this Franchise unless expressed in the form of an amendment to this Franchise.

Appears in 1 contract

Samples: Lease (Performance Health Technologies Inc)

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Waiver of Performance. The failure of either party to insist in any instance upon strict performance by the other party of any of the provisions, terms, covenants or conditions of this Lease or to exercise any option herein conferred in any one or more instance shall not be construed as a waiver or relinquishment for the future of any such covenants, reservations, conditions or stipulations contained in the Franchise shall not be considered a waiver thereof, and options but the same shall continue be and remain in full force and effect. No waiver by the City of any provision, term, covenant, reservation, condition or stipulation contained in this Franchise shall be deemed to have modified the terms of this Franchise unless expressed in the form of an amendment to this Franchise.

Appears in 1 contract

Samples: Viasource Communications Inc

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