Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 223 contracts
Sources: Restricted Stock Award (IZEA Worldwide, Inc.), Restricted Stock Unit Award (IZEA Worldwide, Inc.), Stock Option Agreement (PAVmed Inc.)
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.
Appears in 173 contracts
Sources: Consulting Agreement (Starfighters Space, Inc.), Consulting Agreement (Ecoark Holdings, Inc.), Transition Agreement (Blue Bird Corp)
Waiver. The waiver Waiver by any one party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breachcontinuing waiver.
Appears in 152 contracts
Sources: Consulting Agreement (Entero Therapeutics, Inc.), Cfo Consulting Agreement (Soluna Holdings, Inc), Cfo Consulting Agreement (One World Products, Inc.)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by any party.
Appears in 133 contracts
Sources: Mowing and Landscape Maintenance Services Agreement, Code Enforcement Lien Settlement Agreement, Quality Assurance and Staffing Agreement
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to or waiver of any other or subsequent breachbreach hereof.
Appears in 128 contracts
Sources: Indemnification Agreement (Pitanium LTD), Employment Agreement (Klook Technology LTD), Employment Agreement (SMJ International Holdings Inc.)
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 86 contracts
Sources: Employment Agreement (Cumberland Pharmaceuticals Inc), Employment Agreement (Cumberland Pharmaceuticals Inc), Employment Agreement (Cumberland Pharmaceuticals Inc)
Waiver. The Any waiver (express or implied) by any party hereto of a breach either Party of any provision breach of this Agreement shall not operate or be construed as constitute a waiver of any other or subsequent breach.
Appears in 77 contracts
Sources: License Agreement, License Agreement, License Agreement
Waiver. The A waiver by one party to this Agreement of any party hereto of a breach of any provision of this Agreement by the other party to this Agreement shall not be effective unless in writing, and no waiver shall operate or be construed as a waiver of any other the same or another breach on a subsequent breachoccasion.
Appears in 77 contracts
Sources: Change of Control Agreement (Pinnacle Financial Partners Inc), Employment Agreement (Nicolet Bankshares Inc), Consulting Agreement (TC Bancshares, Inc.)
Waiver. The waiver by any either party hereto of a breach by the other of any provision of this Agreement shall not operate constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be construed as waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other or subsequent breachprovision herein.
Appears in 76 contracts
Sources: Consultant Services Agreement, Consulting Agreement, Consultant Services Agreement
Waiver. The waiver by any either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same provision by any party or of the breach of any other term or subsequent breachprovision of this Agreement.
Appears in 76 contracts
Sources: Employment Agreement (Compass Minerals International Inc), Employment Agreement (Compass Minerals International Inc), Employment Agreement (Compass Minerals International Inc)
Waiver. The waiver by of any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 75 contracts
Sources: Employment Agreement (Old National Bancorp /In/), Employment Agreement (Old National Bancorp /In/), Executive Employment Agreement
Waiver. The waiver by any a party hereto of a any breach by the other party hereto of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by a party hereto.
Appears in 71 contracts
Sources: Executive Severance Agreement (Escalade Inc), Executive Severance Agreement (Escalade Inc), Executive Severance Agreement (Escalade Inc)
Waiver. The No waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any preceding or succeeding breach of the same or any other or subsequent breachprovision hereof.
Appears in 61 contracts
Sources: Des Services Agreement (Virginia Electric & Power Co), Affiliated Interest Agreement, Des Services Agreement (Virginia Electric & Power Co)
Waiver. The waiver of any breach of this Agreement by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a effective unless in writing, and no such waiver shall constitute the waiver of any other the same or another breach on a subsequent breachoccasion.
Appears in 59 contracts
Sources: Employment Agreement (Omega Healthcare Investors Inc), Transition Agreement (Omega Healthcare Investors Inc), Employment Agreement (CureVac N.V.)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other or subsequent breachprovision hereof.
Appears in 58 contracts
Sources: Employment Agreement (Alkame Holdings, Inc.), Employment Agreement (Alkame Holdings, Inc.), Employment Agreement (Virtual Sourcing, Inc.)
Waiver. The No waiver by any either party hereto of a breach of any provision breach by the other party of any of the provisions of this Agreement shall not operate or will be construed as deemed a waiver of any other preceding or subsequent breachsucceeding breach of this Agreement. No such waiver will be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing.
Appears in 57 contracts
Sources: Master Service Agreement, Master Service Agreement, Master Service Agreement
Waiver. The waiver by any Any party hereto of a may specifically waive any breach of any provision of this Agreement by any other party, but no such waiver shall not operate or be construed as deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designating the breach waived, nor shall any such waiver constitute a continuing waiver of any similar or other or subsequent breachbreaches.
Appears in 57 contracts
Sources: Escrow and Security Agreement (Getty Images Holdings, Inc.), Escrow Agreement (Select Medical Holdings Corp), Escrow Agreement (Akumin Inc.)
Waiver. The waiver by any party hereto of a any breach of any provision of this Agreement shall Contract will not operate or be construed as a waiver of any subsequent breach of the same or any other or subsequent breachprovision. The failure to exercise any right hereunder will not operate as a waiver of such right.
Appears in 55 contracts
Sources: Preferred Provider Organization Contract, Preferred Provider Organization Contract, Preferred Provider Organization Contract
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement Agreement, or failure to insist upon strict compliance with the terms of this Agreement, shall not operate or be construed as deemed a waiver of any other subsequent breach or subsequent breachrelinquishment of any right or power under this Agreement.
Appears in 55 contracts
Sources: Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/)
Waiver. The waiver by any a party hereto of a any breach by the other party hereto of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by a party hereto.
Appears in 51 contracts
Sources: Transition Agreement (Parkway Properties Inc), Consulting Agreement (Parkway Properties Inc), Consulting Agreement (Parkway Properties Inc)
Waiver. The waiver by any either party hereto of a the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 49 contracts
Sources: Consulting Agreement, Confidentiality Agreement, Contract for Services
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same or any other or subsequent breachprovision of this Agreement by the breaching party.
Appears in 46 contracts
Sources: Employment Agreement (Southern States Bancshares, Inc.), Stock Purchase Agreement (Consolidated Water Co LTD), Employment Agreement (FGBC Bancshares, Inc.)
Waiver. The A waiver by one party to this Agreement of any party hereto of a breach of this Agreement by any provision of other party to this Agreement shall not be effective unless in writing, and no waiver shall operate or be construed as a waiver of any other the same or another breach on a subsequent breachoccasion.
Appears in 46 contracts
Sources: Employment Agreement (Central Bancompany, Inc.), Employment Agreement (Central Bancompany, Inc.), Employment Agreement (Central Bancompany, Inc.)
Waiver. The waiver by any either party hereto of a breach of any provision right hereunder or of any breach of this Agreement shall not operate as or be construed as to be an amendment of this Agreement or a waiver of any other future right or subsequent breach.
Appears in 43 contracts
Sources: Employment Agreement (Service Corp International), Employment Agreement (Service Corp International), Employment Agreement (Service Corp International)
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision term of this the Agreement shall will not operate or be construed as a waiver of any other or subsequent breach.
Appears in 40 contracts
Sources: Rsu Award Agreement (LSB Industries, Inc.), Director Restricted Stock Unit Award Agreement (LSB Industries, Inc.), Rsu Award Agreement (LSB Industries, Inc.)
Waiver. The A party’s waiver by any party hereto of a breach of any provision breach or violation of this any Agreement provisions shall not operate as, or be construed as to be, a waiver of any later breach of the same or other or subsequent breachAgreement provision.
Appears in 39 contracts
Sources: Employment Agreement (White Fiber, Inc.), Employment Agreement (Bit Digital, Inc), Employment Agreement (Bit Digital, Inc)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breachbreach of such or any provision.
Appears in 37 contracts
Sources: Employment Agreement (Davita Inc.), Employment Agreement (Everside Health Group, Inc.), Employment Agreement
Waiver. 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 as to be, a waiver of any other or subsequent breach.
Appears in 37 contracts
Sources: Graduate Medical Education Program Agreement, Resident Agreement, Resident Agreement
Waiver. The waiver by any one party hereto of a breach of any provision of the provisions of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 32 contracts
Sources: Executive Employment Agreement (Upexi, Inc.), Executive Employment Agreement (Upexi, Inc.), Executive Employment Agreement (Upexi, Inc.)
Waiver. The waiver by any either party hereto of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of or any other or subsequent breachbreach by either party hereto.
Appears in 32 contracts
Sources: Employment Agreement (Guardion Health Sciences, Inc.), Employment Agreement (ATI Nationwide Holding Corp.), Employment Agreement (ATI Nationwide Holding Corp.)
Waiver. The waiver by any either party hereto of a breach of any provision of this the Agreement shall will not operate or be construed interpreted as a waiver of any other or subsequent breach.
Appears in 32 contracts
Sources: Master Subscription Agreement, Main Subscription Agreement, Main Subscription Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent simultaneous breach.
Appears in 29 contracts
Sources: Employment Agreement (EPAM Systems, Inc.), Separation Agreement (Crinetics Pharmaceuticals, Inc.), Separation Agreement (Forge Global Holdings, Inc.)
Waiver. The Any waiver by either party of any party hereto of a breach of any provision of term or condition in this Agreement shall not operate or be construed as a waiver of any other breach of such term or subsequent breachcondition or of any other term or condition, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof or constitute or be deemed a waiver or release of any other rights, in law or in equity.
Appears in 28 contracts
Sources: Non Competition, Non Solicitation, and Confidentiality Agreement, Employment Agreement (Commercial National Financial Corp /Pa), Combination Agreement (Covalent Group Inc)
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of this the Agreement shall will not operate or be construed as a waiver of any other or subsequent breach.
Appears in 28 contracts
Sources: Performance Stock Unit Award Agreement (Neogenomics Inc), Stock Option Agreement (Neogenomics Inc), Restricted Stock Agreement (Neogenomics Inc)
Waiver. The waiver by any party hereto of a the breach or nonperformance of any provision of this Agreement shall by any other party will not operate or be construed as a waiver of any future breach or nonperformance under any provision of this Agreement or any similar agreement with any other or subsequent breachemployee.
Appears in 27 contracts
Sources: Employment Agreement (Winland Electronics Inc), Employment Agreement (Health Fitness Corp /MN/), Employment Agreement (Makemusic, Inc.)
Waiver. The waiver by the Employer or Employee of any breach of any term or condition of this Agreement shall not be deemed to constitute the waiver of any other breach of the same or any other term or condition hereof. Failure by any party hereto of a to claim any breach or violation of any provision of this Agreement shall not operate constitute a precedent or be construed as a waiver of any other or subsequent breachbreaches hereof.
Appears in 26 contracts
Sources: Executive Non Competition Agreement, Employment Agreement, Employment Agreement
Waiver. The waiver by any a party hereto of a breach of any provision of this Easement Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breachbreach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought.
Appears in 25 contracts
Sources: Developer Extension Agreement, Developer Extension Agreement, Developer Extension Agreement
Waiver. The waiver by any of either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to or waiver of any other or subsequent breachbreach hereof.
Appears in 25 contracts
Sources: Employment Agreement (Marsh & McLennan Companies, Inc.), Employment Agreement (O'Gara Group, Inc.), Employment Agreement (Marsh & McLennan Companies, Inc.)
Waiver. The waiver by any either party hereto of a any breach or violation of any provision of this Agreement by the other party shall not operate as or be construed as to be a waiver of any other or subsequent breachbreach by such waiving party.
Appears in 23 contracts
Sources: Employment Agreement (Fiserv Inc), Employment Agreement (Rocky Brands, Inc.), Employment Agreement (Cross Medical Products Inc /De)
Waiver. The Any waiver by any either party hereto of a breach of any provision breach of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other or subsequent breach.
Appears in 22 contracts
Sources: Content Distributor Agreement, Ci Plus Content Distributor Agreement, Ci Plus Device Interim License Agreement
Waiver. The waiver by any party hereto either Party of a breach of any provision of or right under this Agreement shall will not operate or be construed as constitute a waiver of any other or subsequent breachbreach or right.
Appears in 21 contracts
Sources: Cloud Subscription Agreement, Cloud Subscription Agreement, Services Agreement
Waiver. The A Party’s waiver by of any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any later breach of the same or other or subsequent breachprovision by such Party.
Appears in 21 contracts
Sources: Executive Employment Agreement (Barnwell Industries Inc), Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/)
Waiver. The A waiver by any either party hereto of a breach of any term or provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 21 contracts
Sources: Employment Agreement (NewLake Capital Partners, Inc.), Employment Agreement (NewLake Capital Partners, Inc.), Employment Agreement (NewLake Capital Partners, Inc.)
Waiver. The Any waiver by any party hereto either Party of a breach of any provision of this Agreement shall not operate or be construed as considered a waiver of any subsequent breach of the same or any other or subsequent breachprovisions thereof.
Appears in 21 contracts
Sources: Property Services Agreement, Property Services Agreement, Property Services Agreement
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 20 contracts
Sources: Employment Agreement (Praco Corp), Employment Agreement, Employment Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 19 contracts
Sources: Employment Agreement (TMX Finance LLC), Key Position Agreement (Global Payments Inc), Employment Agreement (Indus International Inc)
Waiver. The waiver by any either party hereto of a breach or violation of any term or provision of this Agreement shall not operate or nor be construed as a waiver of any other subsequent breach or subsequent breachviolation.
Appears in 19 contracts
Sources: Separation Agreement (Mednax, Inc.), Employment Agreement (Urecoats Industries Inc), Employment Agreement (Urecoats Industries Inc)
Waiver. The waiver by any either party hereto of a breach or a violation of any provision of this Agreement shall not operate as or be construed as to be a waiver of any other or subsequent breachbreach thereof.
Appears in 18 contracts
Sources: Mental Health Wellness Agreement, Premises Use Agreement, Location Agreement
Waiver. The Any waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other breach or subsequent breachdefault hereof.
Appears in 18 contracts
Sources: Employment Agreement (Tii Industries Inc), Employment Agreement (Tii Industries Inc), Employment Agreement (Tii Industries Inc)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall by any other party will not operate or be construed as a waiver of any other or subsequent breachbreach by such other party.
Appears in 18 contracts
Sources: Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc)
Waiver. The No waiver by either Party of any party hereto of a breach of any provision of this Agreement and/or any Services Agreement by the other shall not operate or be construed considered as a waiver of any subsequent breach of the same or any other or subsequent breachprovision.
Appears in 18 contracts
Sources: Master Services Agreement, Master Services Agreement, Master Services Agreement
Waiver. The waiver by any party hereto of a breach of any provision breach of this Agreement by either party shall not operate or be construed as deemed a waiver of any other breach or a waiver of any subsequent breachbreach of the same nature.
Appears in 17 contracts
Sources: Group Health Insurance Agreement, Health Insurance Agreement, Group Health Insurance Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent breachsimultaneous breach of the same or different provisions.
Appears in 17 contracts
Sources: Transition and Retirement Agreement, Employment Agreement (Under Armour, Inc.), Independent Contractor Consulting Agreement (Connecture Inc)
Waiver. The Any waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as considered a waiver of any subsequent breach of the same or any other or subsequent breachprovisions thereof.
Appears in 17 contracts
Sources: Property Services Agreement, Property Services Agreement, Property Services Agreement
Waiver. The waiver by any either party hereto of a breach by the other party of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 17 contracts
Sources: Employment Agreement (Humbl, Inc.), Share Settlement Agreement (Akerna Corp.), Employment Agreement (Humbl, Inc.)
Waiver. The waiver by either party of any breach by the other party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. No person acting other than pursuant to a resolution of the Company shall have authority on behalf of the Company to agree to amend, modify, repeal, waive or subsequent breachextend any provision of this Agreement.
Appears in 17 contracts
Sources: Employment Agreement (Nava Health Md, LLC), Employment Agreement (Nava Health Md, LLC), Employment Agreement (iBio, Inc.)
Waiver. The Any waiver by any either party hereto of a any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other or subsequent breach.
Appears in 17 contracts
Sources: Digital Certificate Authorization Agreement, Digital Certificate Authorization Agreement, Digital Certificate Authorization Agreement
Waiver. The waiver by any party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of (a) a subsequent breach of the same provision by any party or (b) the breach of any other term or subsequent breachprovision of this Agreement.
Appears in 16 contracts
Sources: Escrow Agreement (Cottonwood Communities, Inc.), Escrow Agreement (Appliqate Inc), Escrow Agreement (Cottonwood Communities, Inc.)
Waiver. The waiver Waiver by any either party hereto of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 16 contracts
Sources: Employment Agreement (Alldigital Holdings, Inc.), Employment Agreement (Alldigital Holdings, Inc.), Employment Agreement (Alldigital Holdings, Inc.)
Waiver. The provisions of this Agreement may be waived only by an instrument in writing executed by the waiving party. The waiver by any party hereto of a breach of any provision breach of this Agreement shall not operate be deemed to be or be construed as a waiver of any other breach, whether prior, subsequent, or subsequent breachcontemporaneous, of this Agreement.
Appears in 16 contracts
Sources: Settlement Agreement, Settlement Agreement, Class Action Settlement Agreement
Waiver. The waiver by any Any party hereto of a may specifically waive any breach of any provision of this Agreement by any other party, but no such waiver shall not operate or be construed as deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of any similar or other or subsequent breachbreaches.
Appears in 16 contracts
Sources: Cash Collateral and Disbursement Agreement (155 East Tropicana, LLC), Cash Collateral and Disbursement Agreement (Peninsula Gaming, LLC), Disbursement Agreement (Idleaire Technologies Corp)
Waiver. The waiver by either party of any party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent breach or subsequent breachviolation hereof.
Appears in 16 contracts
Sources: Mutual Confidentiality and Nondisclosure Agreement, Confidentiality Agreement, Mutual Confidentiality and Nondisclosure Agreement
Waiver. The waiver Waiver by any party hereto hereunder of a any breach of or failure to comply with any provision of this Agreement by the other party shall not operate or be construed as as, or constitute a continuing waiver of, or a waiver of any other breach of, or subsequent breachfailure to comply with, any other provision of this Agreement.
Appears in 16 contracts
Sources: Share Purchase Agreement (Crucial Innovations, Corp.), Stock Transfer Agreement (Alterola Biotech Inc.), Equity Purchase Agreement (Crucial Innovations, Corp.)
Waiver. The Any waiver by a party of any party hereto of a breach of any provision of this Agreement by the other party shall not be binding unless in writing, and shall not operate or be construed as a waiver of any other or subsequent breachbreach by the Executive.
Appears in 15 contracts
Sources: Executive Employment Agreement (SMART Technologies Inc.), Executive Employment Agreement (SMART Technologies Inc.), Executive Employment Agreement (SMART Technologies Inc.)
Waiver. The No waiver by either party of any party hereto breach of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach, whether of the same or a different provision of this Agreement.
Appears in 15 contracts
Sources: Asset Purchase Agreement (Lux Digital Pictures, Inc.), Asset Purchase Agreement (Lux Digital Pictures, Inc.), Asset Purchase Agreement (Lux Digital Pictures, Inc.)
Waiver. The waiver by any party hereto of a any breach of any provision term or condition of this Agreement shall not operate or be construed as deemed a waiver of as to any other subsequent or subsequent similar breach.
Appears in 15 contracts
Sources: License Agreement, License Agreement, License Agreement
Waiver. The waiver Waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other or subsequent breachbreach hereto.
Appears in 15 contracts
Sources: Head Coach Employment Agreement, Employment Agreement, Chief of Police Employment Agreement
Waiver. 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 as to be a waiver of any subsequent breach of the same or other or subsequent breachprovision hereof.
Appears in 14 contracts
Sources: Operating Agreement, Continuing Services Agreement for Construction Management at Risk Services, Affiliation Agreement
Waiver. The waiver by any party hereto Party of a the breach of any covenant or provision of in this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by any Party.
Appears in 14 contracts
Sources: Global Performance Share Award Agreement (Enerpac Tool Group Corp), Global Performance Share Award Agreement (Enerpac Tool Group Corp), Global Performance Share Award Agreement (Enerpac Tool Group Corp)
Waiver. The waiver by any either party hereto of a breach of any provision provision, agreement or covenant of this Agreement by the other party hereto shall not operate or be construed as a waiver of any other prior or subsequent breachbreach of the same or any other provision, agreement or covenant by such other party hereto.
Appears in 13 contracts
Sources: Separation Agreement (Adcare Health Systems, Inc), Consulting and Separation Agreement (Verso Technologies Inc), Consulting and Separation Agreement (Verso Technologies Inc)
Waiver. The waiver of any breach of any provision under this Agreement by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as deemed to be a waiver of any other preceding or subsequent breachbreach under this Agreement.
Appears in 13 contracts
Sources: Purchase and Assumption Agreement (Affinity Bancshares, Inc.), Purchase and Assumption Agreement (First Financial Northwest, Inc.), Purchase and Assumption Agreement (FFBW, Inc. /MD/)
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach thereof.
Appears in 12 contracts
Sources: Independent Contractor Agreement (Hawaiian Telcom Holdco, Inc.), Employment Agreement (Salant Corp), Employment Agreement (Salant Corp)
Waiver. The waiver by any party hereto of a breach of any provision of the provisions of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breachbreach hereof by such party.
Appears in 12 contracts
Sources: Security Guard Service Agreement, Employment Agreement (Jmar Technologies Inc), Purchase and Sale Agreement (Jmar Technologies Inc)
Waiver. The waiver by any either party hereto of a any breach of any provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party hereto.
Appears in 12 contracts
Sources: Executive Employment Agreement, Executive Employment Agreement (Calypso Wireless Inc), Executive Employment Agreement (Calypso Wireless Inc)
Waiver. 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 as to be a waiver of any other or subsequent breachbreach hereof.
Appears in 12 contracts
Sources: Candidate Training and Placement Agreement, Consulting Agreement (Trecora Resources), Consulting Agreement (Trecora Resources)
Waiver. The Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof or of any other or subsequent breachprovision of this Agreement.
Appears in 12 contracts
Sources: Employment Agreement (Ness Energy International Inc /Nv/), Agreement for Grant (Xto Energy Inc), Agreement for Grant of Performance Shares (Ness Energy International Inc /Nv/)
Waiver. The waiver by either party of any party hereto of a breach of any provision term or condition of this Agreement shall not operate or be construed as deemed a waiver of as to any other subsequent or subsequent similar breach.
Appears in 12 contracts
Sources: License Agreement, Evg License Agreement (Gilead Sciences Inc), License Agreement (Immune Therapeutics, Inc.)
Waiver. The Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed as to be a waiver of any other breach of that provision or subsequent breachof any breach of any other provision of this Agreement. Any waiver must be in writing and be authorized by a resolution of the Board of Directors of the waiving party.
Appears in 11 contracts
Sources: Plan of Merger (Edmonds 5 Inc.), Merger Agreement (Americanwest Com Inc), Merger Agreement (Technology Consulting Partners Inc)
Waiver. The waiver by any either party hereto of a breach or violation of any provision of this Agreement Contract shall not operate as or be construed as to be a waiver of any subsequent breach of the same or other or subsequent breachprovision hereof.
Appears in 11 contracts
Sources: Member Agency Contract, Independent Contractor Agreement, Independent Contractor Agreement
Waiver. The waiver by either Party of any party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 11 contracts
Sources: At Will Consulting Agreement (American Picture House Corp), Consulting Agreement (American Picture House Corp), At Will Consulting Agreement (American Picture House Corp)
Waiver. The waiver Waiver by either of the Parties of any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other prior or subsequent breachbreach of the same or any other provision hereof.
Appears in 11 contracts
Sources: Separation Agreement (Atlantic International Corp.), Separation Agreement (Troika Media Group, Inc.), Separation and Release Agreement (Troika Media Group, Inc.)
Waiver. The waiver by any party hereto Party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent similar breach.
Appears in 11 contracts
Sources: Asset Purchase Agreement (Segmentz Inc), Asset Purchase Agreement (Harvard Bioscience Inc), Asset Purchase Agreement (Harvard Bioscience Inc)
Waiver. The waiver by any party hereto of a breach Party of any provision breach of this Agreement by another Party shall not operate or be construed as deemed a waiver of any other prior or subsequent breachbreach of this Agreement.
Appears in 11 contracts
Sources: Settlement Agreement, Settlement Agreement (Trustmark Corp), Settlement Agreement
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall will not operate or be construed interpreted as a waiver of any other or subsequent breach.
Appears in 10 contracts
Sources: Services Agreement, Services Agreement, Services Agreement
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 10 contracts
Sources: Special Compensation and Non Compete Agreement, Special Compensation and Non Compete Agreement (Embarq CORP), Special Compensation and Non Compete Agreement (Embarq CORP)
Waiver. The waiver by any either party hereto of its rights under this Agreement or the failure of a breach of party to promptly enforce any provision of this Agreement hereof shall not operate or be construed as a waiver of any subsequent breach of the same or any other covenant, term or subsequent breachprovision.
Appears in 10 contracts
Sources: Consulting Agreement (Gold Energy LLC), Consulting Agreement (Ethanol Grain Processors, LLC), Consulting Agreement (Cardinal Ethanol LLC)
Waiver. The A waiver by or indulgence of any party hereto of a breach of any provision of term, condition, covenant or warranty contained in this Agreement Agreeient shall not operate be deemed or be construed as a waiver of any other provisions, affect the validity of the remainder of this Agreement or subsequent breachconstitute a waiver of any preceding or succeeding breach of the same or any other provision hereof. A waiver of any right, provision or remedy by any party shall not be valid unless executed in writing by the party making such waiver.
Appears in 10 contracts
Sources: Gaming Devices License Agreement (Herbst Gaming Inc), Gaming Devices License Agreement (Herbst Gaming Inc), Gaming Devices License Agreement (Herbst Gaming Inc)
Waiver. The Any waiver by either party of any party hereto of a breach of any provision of term or condition in this Agreement shall will not operate or be construed as a waiver of any other breach of such term or subsequent breachcondition or of any other term or condition, nor will any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof or constitute or be deemed a waiver or release of any other rights, in law or in equity.
Appears in 10 contracts
Sources: Employment Agreement (Oao Technology Solutions Inc), Executive Employment Agreement (Valera Pharmaceuticals Inc), Employment Agreement (Oao Technology Solutions Inc)
Waiver. The waiver Waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any other or subsequent breachbreach hereof.
Appears in 10 contracts
Sources: Employment Agreement (Mobile-Health Network Solutions), Employment Agreement (Mobile-Health Network Solutions), Employment Agreement (Mobile-Health Network Solutions)
Waiver. The waiver by any party hereto of a any breach of any provision of this Escrow Agreement shall not operate be deemed to be or be construed as a waiver of any other breach, whether prior, subsequent, or subsequent breachcontemporaneous, of this Escrow Agreement, nor shall such waiver be deemed to be or construed as a waiver by any other party.
Appears in 10 contracts
Sources: Tobacco Escrow Agreement, Escrow Agreement, Tobacco Escrow Agreement
Waiver. The waiver by any party hereto of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or other provision hereof. No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or subsequent breachfurther exercise thereof or the exercise of any other right, power or remedy.
Appears in 10 contracts
Sources: Merger Agreement (Ciber Inc), Merger Agreement (Ciber Inc), Merger Agreement (Alphanet Solutions Inc)
Waiver. The waiver by any party hereto of a the breach of any covenant or provision of in this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by any party.
Appears in 10 contracts
Sources: Non Competition and Non Solicitation Agreement (Hostess Brands, Inc.), Employment Agreement (Hk Systems Inc), Employment Agreement (Hk Systems Inc)
Waiver. The No waiver by any party hereto of a breach either Party of any provision term or breach of this Agreement shall not operate or be construed as a waiver of any other term or subsequent breachbreach hereof or of the same or a similar term or breach on any other occasion.
Appears in 10 contracts
Sources: Transition Services Agreement (NOW Inc.), Transition Services Agreement (NOW Inc.), Transition Services Agreement (CST Brands, Inc.)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by either Party shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 10 contracts
Sources: Reciprocal Confidentiality Agreement & Non Compete Agreement, Independent Contractor Non Compete Agreement, Independent Contractor Non Compete Agreement
Waiver. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other breach or subsequent breachviolation.
Appears in 9 contracts
Sources: Master Agreement, Master Agreement, Landscape & Irrigation Maintenance Service Agreement
Waiver. The Any waiver by any either party hereto of a breach of any provision breach of this Agreement shall not operate or be construed as considered a waiver of any other or subsequent breach.
Appears in 9 contracts
Sources: Transaction Agreement (Originally New York Inc), Purchase and Sale Agreement (Hojo Holdings Inc), Stock Purchase Agreement (Bio One Corp)
Waiver. The No waiver by of any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty. The failure of any party hereto to take any action by reason of such breach shall not deprive such party of the right to take action at any time while such breach continues.
Appears in 9 contracts
Sources: Supplemental Benefits Agreement (Lsi Industries Inc), Employment Agreement (Lsi Industries Inc), Non Competition, Non Solicitation and Non Disclosure Agreement
Waiver. The waiver by any party hereto a Party of a breach of any provision of this Agreement herein shall not operate or be construed as a waiver of any subsequent breach by the other or subsequent breachParty.
Appears in 9 contracts
Sources: Separation and Release Agreement (ETHZilla Corp), Release Agreement (180 Life Sciences Corp.), Separation and Release Agreement (Golden Matrix Group, Inc.)
Waiver. The waiver by any a party hereto to this Agreement of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by the other or subsequent breachparty.
Appears in 9 contracts
Sources: Positive Pay Agreement, Treasury Management Master Agreement, Positive Pay Agreement
Waiver. The waiver by any party hereto either Party of a the breach or nonperformance of any provision of this Agreement shall by the other Party will not operate or be construed as a waiver of any future breach or nonperformance under any such provision of this Agreement or, in the case of the Company, any similar agreement with any other or subsequent breachemployee.
Appears in 9 contracts
Sources: Restricted Covenants, Severance & Change in Control Agreement (Patterson Companies, Inc.), Inducement, Severance & Change in Control Agreement (Patterson Companies, Inc.), Employment Agreement (Patterson Companies, Inc.)