Common use of Waiver or Delay Clause in Contracts

Waiver or Delay. Any waiver of any kind or character by a Party of a breach of this Agreement must be in writing, shall be effective only to the extent set forth in such writing, and shall not operate or be construed as a waiver of any subsequent breach of the other party. No failure of a Party to insist upon strict compliance by the other with any obligation or provision hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such Party’s right to demand exact compliance with the terms of this Agreement. Nor shall a Party’s delay or omission in exercising any right, power or remedy upon a breach or default by the other Party impair any such right, power or remedy. The exercise of any right or remedy provided by this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.

Appears in 3 contracts

Samples: License, Maintenance and Distribution Agreement (Tibco Software Inc), License, Maintenance and Distribution Agreement (Tibco Software Inc), License, Maintenance and Distribution Agreement (Tibco Software Inc)

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Waiver or Delay. Any waiver of any kind or character by a Party of a breach of this Agreement must be in writing, shall be effective only to the extent set forth in such writing, and shall not operate or be construed as a waiver of any subsequent breach of the other partyParty. No failure of a Party to insist upon strict compliance by the other with any obligation or provision hereunder, and no custom or practice of the parties Parties at variance with the terms hereof, shall constitute a waiver of such Party’s 's right to demand exact compliance with the terms of this Agreement. Nor , nor shall a Party’s 's delay or omission in exercising any right, power or remedy upon a breach or default by the other Party impair any such right, power or remedy. The exercise of any right or remedy provided by this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.

Appears in 3 contracts

Samples: License Agreement (Instinet Group Inc), License Agreement (Instinet Group Inc), Corporate Services Agreement (Instinet Group Inc)

Waiver or Delay. Any waiver of any kind or character by a Party of a --------------- breach of this Agreement must be in writing, shall be effective only to the extent set forth in such writing, and shall not operate or be construed as a waiver of any subsequent breach of the other party. No failure of a Party to insist upon strict compliance by the other with any obligation or provision hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such Party’s 's right to demand exact compliance with the terms of this Agreement. Nor shall a Party’s 's delay or omission in exercising any right, power or remedy upon a breach or default by the other Party impair any such right, power or remedy. The exercise of any right or remedy provided by this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.

Appears in 2 contracts

Samples: License, Maintenance and Distribution Agreement (Tibco Software Inc), License, Maintenance and Distribution Agreement (Tibco Software Inc)

Waiver or Delay. Any waiver of any kind or character by a Party either party of a breach of this Agreement must be in writing, shall be effective only to the extent set forth in such writing, and shall not operate or be construed as a waiver of any subsequent breach of by the other party. No failure of a Party either party to insist upon strict compliance by the other with any obligation or provision hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such Partyeither party’s right to demand exact compliance with the terms of this Agreement. Nor shall a Partyeither party’s delay or omission in exercising any right, power or remedy upon a breach or default by the other Party party impair any such right, power or remedy. The exercise of any right or remedy provided by in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.

Appears in 1 contract

Samples: Spectrum Management Solutions Contract Agreement

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Waiver or Delay. Any waiver of any kind or character by a Party either party of a breach of this Agreement must be in writing, shall be effective only to the extent set forth in such writing, and shall not operate or be construed as a waiver of any subsequent breach of by the other party. No failure of a Party either party to insist upon strict compliance by the other with any obligation or provision hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such Party’s either party's right to demand exact compliance with the terms of this Agreement. Nor shall a Party’s either party's delay or omission in exercising any right, power or remedy upon a breach or default by the other Party party impair any such right, power or remedy. The exercise of any right or remedy provided by in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.

Appears in 1 contract

Samples: Content Agreement (Spinrocket Com Inc)

Waiver or Delay. Any waiver of any kind or character by a Party either party of a breach of this Agreement must be in writing, shall be effective only to the extent set forth in such writing, and shall not operate or be construed as a waiver of any subsequent breach of by the other party. No failure of a Party either party to insist upon strict compliance by the other party with any obligation or provision hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such Party’s either party's right to demand exact compliance with the terms of this Agreement. Nor shall a Party’s either party's delay or omission in exercising any right, power or remedy upon a breach or default by the other Party party impair any such right, power or remedy. The exercise of any right or remedy provided by in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.

Appears in 1 contract

Samples: Reseller Agreement (Artisoft Inc)

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