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 220 contracts
Samples: Stock Option Agreement (Ledecky Jonathan J), Executive Employment Agreement (Annie's, 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 167 contracts
Samples: Agreement (Gb Sciences Inc), Independent Consulting Agreement (Capital Growth Systems Inc /Fl/), Consulting Agreement (Arkados Group, Inc.)
Waiver. The waiver Waiver by any party hereto of any breach or default by the other party of any of the terms of this Agreement shall not operate as a waiver of any other breach or default, whether similar to or different from the breach or default waived. No waiver of any provision of this Agreement shall not operate be implied from any course of dealing between the parties hereto or be construed as a waiver from any failure by either party hereto to assert its or his rights hereunder on any occasion or series of any other or subsequent breachoccasions.
Appears in 167 contracts
Samples: Severance Agreement (Questcor Pharmaceuticals Inc), Employment Agreement (TreeHouse Foods, Inc.), Employment Agreement (Hartford Financial Services Group Inc/De)
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 127 contracts
Samples: Independent Contractor Agreement (VGTel, Inc.), Backup Practitioner Agreement, Member Contract
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 110 contracts
Samples: Employment Agreement (Max Re Capital LTD), Employment Agreement (Max Re Capital LTD), Employment Agreement (CNFinance Holdings Ltd.)
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 86 contracts
Samples: Joint Account Agreement (Eurobancshares Inc), County Executive Recruiting Services Agreement, Recycling Services 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 waiver of any other or subsequent breach.
Appears in 86 contracts
Samples: Option Agreement (Cumberland Pharmaceuticals Inc), Option Agreement (Cumberland Pharmaceuticals Inc), Option Agreement (Cumberland Pharmaceuticals Inc)
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 75 contracts
Samples: Employment Agreement (Mountain Bancshares Inc), Employment Agreement (Trident Bancshares, Inc.), Employment Agreement (Pinnacle Financial Partners Inc)
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 75 contracts
Samples: Severance Compensation Agreement (CyDex Pharmaceuticals, Inc.), Employment Agreement (Compass Minerals International Inc), Agreement and Plan of Merger (Bank of the Ozarks 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 73 contracts
Samples: Employment Agreement (First Midwest Bancorp Inc), Employment Agreement (First Midwest Bancorp Inc), Release and Severance Agreement (Mutual Federal Bancorp, Inc.)
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 69 contracts
Samples: Employment Agreement (Adma Biologics, Inc.), Employment Agreement (Adma Biologics, Inc.), Employment Agreement (Adma Biologics, Inc.)
Waiver. The A waiver by any party hereto of a breach under this Agreement shall not be a waiver of any provision subsequent breach or default hereunder. Failure of either party to enforce compliance with any term or condition of this Agreement shall not operate or be construed as constitute a waiver of any other such term or subsequent breachcondition.
Appears in 68 contracts
Samples: Asset Representations Review Agreement (Ally Auto Receivables Trust 2018-1), Asset Representations Review Agreement (Ally Auto Receivables Trust 2017-1), Asset Representations Review Agreement (Ally Auto Receivables Trust 2016-3)
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 66 contracts
Samples: Collaboration Agreement (Adeona Pharmaceuticals, Inc.), Exclusive Channel Collaboration Agreement (Intrexon Corp), License Agreement (MAKO Surgical Corp.)
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 58 contracts
Samples: Transitional Services Agreement (Omega Flex, Inc.), DRS Services Agreement (Dominion Gas Holdings, LLC), Service Agreement (Scana Corp)
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
Samples: Employment Agreement (YTB International, Inc.), Employment Agreement (Allen Test Co Inc & Point Release Test 10/08/01), Employment Agreement (YTB International, Inc.)
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 57 contracts
Samples: Employment Agreement (World Air Holdings, Inc.), Separation and General Release Agreement (PHH Corp), Employment Agreement (Omega Healthcare Investors Inc)
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 breachbreach of construction and validity.
Appears in 56 contracts
Samples: Employment Agreement (Teamstaff Inc), Employment Agreement (Lev Pharmaceuticals Inc), Employment Agreement (Authentidate Holding Corp)
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 52 contracts
Samples: Escrow Agreement (Hilton Worldwide Holdings Inc.), Escrow Agreement (Staples Inc), Escrow Agreement (Hecla Mining Co/De/)
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
Samples: Transition Agreement (Parkway Properties Inc), Employment Agreement (Erie Indemnity Co), Consulting Agreement (Parkway Properties 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 49 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
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
Samples: Contract for Services Additional CDL Operators, Agreement, Sale of Assets Agreement (G2 Ventures Inc)
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 47 contracts
Samples: Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/)
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 42 contracts
Samples: Employment and Noncompetition Agreement (Service Corporation International), Employment and Noncompetition Agreement (Service Corporation International), Employment and Noncompetition Agreement (Service Corp International)
Waiver. The waiver by any either 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 either party.
Appears in 41 contracts
Samples: Employment Agreement (Orthologic Corp), Consulting Agreement (Orthologic Corp), Consulting Agreement (Amacore Group, 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 41 contracts
Samples: Employment Agreement (First Security Group Inc/Tn), Employment Agreement (First Security Group Inc/Tn), Employment Agreement (Southwest Bancorp Inc)
Waiver. The It is agreed that a waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed construed, as a waiver of any other or subsequent breachbreach by that same party.
Appears in 39 contracts
Samples: Subscription Agreement (Velcera, Inc.), Subscription Agreement (Aivtech International Group Co.), Subscription Agreement (China Eco-Hospitality Operations, Inc)
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 38 contracts
Samples: Employment Agreement (Piedmont Community Bank Group, Inc.), Employment Agreement (Piedmont Community Bank Group, Inc.), Employment Agreement (Mountain Valley Bancshares 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 36 contracts
Samples: Employment Agreement (Snap Interactive, Inc), Second Amended Employment Agreement (Kintara Therapeutics, Inc.), Executive Employment Agreement (BioSig Technologies, 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 breach.
Appears in 34 contracts
Samples: Agreement, Resident Agreement, Training Agreement
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 34 contracts
Samples: Rsu Award Agreement (HBT Financial, Inc.), Option Award Agreement (Oak Street Health, Inc.), Performance Rsu Award Agreement (HBT Financial, Inc.)
Waiver. The waiver by either party of any party hereto of a breach or violation of any provision of this Agreement agreement shall not operate or of be construed as a waiver of any other subsequent breach or subsequent breachviolation of it.
Appears in 34 contracts
Samples: Consultant Agreement (Biomasse International Inc), Consultant Agreement (Viropro Inc), Consultant Agreement (Viropro Inc)
Waiver. The waiver by any either party hereto of a breach of any provision term of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same provision by either party or of the breach of any other term or subsequent breachprovision of this Agreement.
Appears in 33 contracts
Samples: Employment Agreement (Riley Exploration - Permian, LLC), Employment Agreement (Riley Exploration - Permian, LLC), Employment Agreement (Bonanza Creek Energy, 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
Samples: Employment, Lock Up and Options Agreement (AMERICATOWNE Inc.), Employment, Lock Up and Options Agreement (AMERICATOWNE Inc.), Employment, Lock Up and Options Agreement (AMERICATOWNE 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
Samples: David Ginsberg Employment Agreement (Encorium Group Inc), Retention Agreement (Real Mex Restaurants, Inc.), Employment Agreement (Covalent Group Inc)
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 28 contracts
Samples: Executive Employment Agreement (MPS Group Inc), Executive Employment Agreement (GEE Group Inc.), Executive Employment Agreement (MPS Group 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 28 contracts
Samples: Revolving Credit Agreement, Employment Agreement (Davita Inc), Employment Agreement (Davita 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 27 contracts
Samples: Option Award Agreement (Evolus, Inc.), Settled Stock Appreciation Rights Award Agreement (HBT Financial, Inc.), Stock Option 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
Samples: Employment Agreement (Health Fitness Corp /MN/), Employment Agreement (Health Fitness Corp /MN/), Employment Agreement (Makemusic, Inc.)
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 27 contracts
Samples: Employment Agreement (Adam Inc), Consultancy Agreement (EPAM Systems, Inc.), Agreement and Plan of Merger (Adam Inc)
Waiver. The waiver waiver, express or implied, by any either party hereto of a breach of any provision breach of this Agreement shall by the other party will not operate waive any subsequent breach by such party of the same or be construed as a waiver of any other or subsequent breachdifferent kind.
Appears in 26 contracts
Samples: Neogov Online Services Agreement, Development and License Agreement (Commerce One Inc / De/), Neogov Services Agreement
Waiver. The No waiver by any party hereto of a the breach of any provision term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of this Agreement shall not operate any such breach, or be construed as a waiver of any other term or subsequent breachcovenant contained in this Agreement.
Appears in 26 contracts
Samples: Employment Agreement (Rexahn Pharmaceuticals, Inc.), Employment Agreement (Rexahn Pharmaceuticals, Inc.), Employment Agreement (Rexahn Pharmaceuticals, Inc.)
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
Samples: Employment Agreement (Marsh & McLennan Companies, Inc.), Employment Agreement (Marsh & McLennan Companies, Inc.), Employment Agreement (Marsh & McLennan Companies, Inc.)
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 23 contracts
Samples: Main Subscription Agreement Terms and Conditions, Main Subscription Agreement Terms and Conditions, Main Subscription Agreement Terms and Conditions
Waiver. The No waiver by any party hereto of a any breach of any provision of term or covenant in this Agreement Agreement, whether by conduct or otherwise, in any one or more instances, shall not operate be deemed to be or be construed as a further or continuing waiver of any such breach, or a waiver of any other term or subsequent breachcovenant contained in this Agreement.
Appears in 23 contracts
Samples: Employment Agreement (ORBCOMM Inc.), Employment Agreement (ORBCOMM Inc.), Employment Agreement (ORBCOMM Inc.)
Waiver. The waiver by any party hereto of a breach of any provision term of this Agreement by any of the parties hereto shall not operate or be construed as a waiver by such party of the breach of any other term of this Agreement or as a waiver of a subsequent breachbreach of the same term of this Agreement.
Appears in 22 contracts
Samples: Employment Agreement (Allied Systems Holdings Inc), Employment Agreement (Allied Systems Holdings Inc), Employment Agreement (Allied Systems Holdings Inc)
Waiver. The waiver by either party 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 or a subsequent breachbreach of the same or a different provision.
Appears in 22 contracts
Samples: License Agreement, Evaluation Board License Agreement, Evaluation Board License Agreement
Waiver. The waiver by any party hereto of a breach one Party of any provision or breach of this the Agreement shall not operate or be construed as deemed a waiver of any other provision or subsequent breachbreach of the Agreement.
Appears in 21 contracts
Samples: National Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
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 20 contracts
Samples: Employment, Nondisclosure and Non Compete Agreement (Richardson Electronics LTD/De), Employment, Nondisclosure and Non Compete Agreement (Richardson Electronics LTD/De), Employment, Nondisclosure and Non Compete Agreement (Richardson Electronics LTD/De)
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 20 contracts
Samples: Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/), Severance and Consulting Agreement (Vaalco Energy Inc /De/)
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
Samples: Employment Agreement (Indus International Inc), Employment Agreement (TMX Finance LLC), Key Position Agreement (Global Payments Inc)
Waiver. The waiver by either party of any party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breachbreach of the same or a different provision.
Appears in 19 contracts
Samples: Software License Agreement, Software License Agreement, Software License Agreement
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 subsequent breach of the same provision or any other or subsequent breachprovision of this Agreement.
Appears in 19 contracts
Samples: Employment Agreement (IsoRay, Inc.), Resignation and Release Agreement (Smith & Wesson Holding Corp), Employment Agreement (IsoRay, Inc.)
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 19 contracts
Samples: Cloud Subscription Agreement, Cloud Subscription Agreement, Cloud Subscription Agreement
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
Samples: Employment Agreement (Urecoats Industries Inc), Employment Agreement (Urecoats Industries Inc), Executive Employment Agreement (Ift Corp)
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 19 contracts
Samples: Employment Agreement (Praco Corp), Asset Purchase Agreement (Meritage Homes CORP), Employment Agreement
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 19 contracts
Samples: Executive Employment Agreement (Shift4 Payments, Inc.), Series B Preferred Stock Purchase Agreement (Energy & Power Solutions, Inc.), Consulting Agreement (Bridgford Foods Corp)
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
Samples: Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc)
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
Samples: Employment Agreement (Tii Industries Inc), Employment Agreement (Tii Industries Inc), Employment Agreement (Tii Industries Inc)
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 17 contracts
Samples: Content Distributor Agreement, Dfast Technology License Agreement, Iprm Hn Adopter License Agreement
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
Samples: Employment Agreement (Wayside Technology Group, Inc.), Employment Agreement (iBio, Inc.), Employment Agreement (iBio, Inc.)
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
Samples: Employment Agreement (Humbl, Inc.), Employment Agreement (Humbl, Inc.), Employment Agreement (Humbl, Inc.)
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
Samples: Stock Redemption Agreement (Concierge Technologies Inc), Equity Purchase Agreement (Crucial Innovations, Corp.), Sale and Purchase of Ownership Interest (Freecook)
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
Samples: Employment Agreement (Vitalstream Holdings Inc), Employment Agreement (Vitalstream Holdings Inc), Alldigital Employment Agreement (Alldigital Holdings, Inc.)
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
Samples: Escrow Agreement (Cottonwood Communities, Inc.), Escrow Agreement (Appliqate Inc), Escrow Agreement (Appliqate Inc)
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 16 contracts
Samples: Transition and Consulting Agreement (Rock-Tenn CO), Restrictive Covenant Agreement (Total System Services Inc), Employment Agreement (Under Armour, Inc.)
Waiver. The waiver by any either party hereto of a breach of any provision term of this Agreement shall not operate as, or be construed as as, a waiver of any other or subsequent breach.
Appears in 16 contracts
Samples: Agreement of Share Exchange (Earth Gen-Biofuel, Inc.), Agreement of Share Exchange and Plan of Reorganization (Upd Holding Corp.), Agreement of Share Issuance and Plan of Reorganization (Cytta Corp.)
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
Samples: Settlement Agreement, Agreed Order and Settlement, 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 subsequent breach or subsequent breachviolation hereof.
Appears in 16 contracts
Samples: State of Louisiana Parish of Jefferson, State of Louisiana Parish of Jefferson, Confidentiality and Nondisclosure 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 waiver of any other or subsequent breach.
Appears in 15 contracts
Samples: Agreement for Federal Land Appraisals, Development Block Grant Agreement, Agreement for Federal Land Appraisals
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
Samples: Employment Agreement (SMART Technologies Inc.), Executive Employment Agreement (SMART Technologies Inc.), Executive Employment Agreement (SMART Technologies 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 15 contracts
Samples: Premises Use Agreement, Location Agreement, Location 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 provisions by either party or of the breach of any other term or subsequent breachprovision of this Agreement.
Appears in 15 contracts
Samples: Executive Retention Agreement (Atwood Oceanics Inc), Executive Retention Agreement (Atwood Oceanics Inc), Employment Agreement (Horizon Health Corp /De/)
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
Samples: License Agreement, Amended And, License Agreement
Waiver. The waiver by any party hereto the Company or the Employee of a 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 14 contracts
Samples: Employment Agreement (Miix Group Inc), Employment Agreement (Miix Group Inc), Employment Agreement (Miix Group 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 14 contracts
Samples: Agreement, Agreement, Digital Certificate Authorization 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 14 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of this Agreement the provisions contained herein shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 14 contracts
Samples: Employment Agreement (Renal Care Group Inc), Employment Agreement (Renal Care Group Inc), Employment Agreement (Medirisk Inc)
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 14 contracts
Samples: Consulting Agreement (Rhythm Pharmaceuticals, Inc.), Employment Agreement Alex Monteith (Biospecifics Technologies Corp), Mohit Marria (Chimera Investment Corp)
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 term or provision by either party or of the breach of any other term or subsequent breachprovision of this Agreement.
Appears in 13 contracts
Samples: Management Agreement (Vaughan Foods, Inc.), Employment Agreement (Devon Energy Corp/De), Severance Agreement (Devon Energy Corp/De)
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 waiver of any other or subsequent breachbreach thereof.
Appears in 13 contracts
Samples: Employment Agreement (Summit Design Inc), Employment Agreement (Summit Design Inc), Employment Agreement (Summit Design Inc)
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 13 contracts
Samples: Health Insurance Agreement, Health Insurance Agreement, Group Health Insurance Agreement
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
Samples: Employment Agreement (Ness Energy International Inc /Nv/), Employment Agreement (Ness Energy International Inc /Nv/), Agreement for Grant (Xto Energy 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
Samples: Executive Employment Agreement (Zoltek Companies Inc), Vendor Services Agreement (HC Innovations, Inc.), Executive Employment Agreement (Zoltek Companies Inc)
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
Samples: Security Guard Service Agreement, Employment Agreement (Jmar Technologies Inc), Employment Agreement (Jmar Technologies Inc)
Waiver. The A waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed construed, as a waiver of any other or subsequent breachbreach by the same party.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Protea Biosciences Group, Inc.), Securities Purchase Agreement (Protea Biosciences Group, Inc.), Securities Purchase Agreement (Protea Biosciences Group, 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 subsequent breach of the same or other or subsequent breachprovision hereof.
Appears in 12 contracts
Samples: Study Abroad, Internship and Cooperative Education Placement Agreement, Student Internship Placement Agreement
Waiver. The A waiver by any either party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as to be a waiver of any other or subsequent breach.
Appears in 12 contracts
Samples: Separation Agreement and Release (Oglebay Norton Co /Ohio/), Separation Agreement and Release (Oglebay Norton Co /Ohio/), Separation and Retirement Agreement and Release (Oglebay Norton Co /Ohio/)
Waiver. The waiver by any party hereto of a breach Waiver of any provision breach or failure to enforce any term of this Agreement shall not operate or be construed as deemed a waiver of any other breach or subsequent breachright to enforce which may thereafter occur. No waiver shall be valid against any party hereto unless made in writing and signed by the party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.
Appears in 12 contracts
Samples: Service Agreement, Development Services Agreement (Xcarenet Inc), Development Services Agreement (Xcarenet 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 12 contracts
Samples: Branch Purchase and Assumption Agreement (River Valley Bancorp), Purchase and Assumption Agreement (Horizon Bancorp /In/), Purchase and Assumption Agreement (West End Indiana Bancshares, Inc.)
Waiver. The waiver In the event any term or condition contained in this Agreement should be breached by any party hereto and thereafter waived by the other party, such waiver shall be in writing and signed by an authorized representative of a the party granting the waiver and shall not be deemed to waive any other breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachAgreement.
Appears in 12 contracts
Samples: Intergovernmental Agreement, Intergovernmental Agreement, Facility Use Agreement
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 11 contracts
Samples: License Agreement, License Agreement, License Agreement (Gilead Sciences Inc)
Waiver. The waiver by any of either party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a continuing waiver or as a consent to or waiver of any other or such subsequent breach.
Appears in 11 contracts
Samples: Consulting Agreement (EnteroMedics Inc), Consulting Agreement (EnteroMedics Inc), Consulting Agreement (EnteroMedics Inc)
Waiver. The waiver by any either party hereto to the Agreement of a breach or violation of any provision of this the Agreement shall not operate as, or be construed as to constitute, a waiver of any other subsequent breach of the same or subsequent breachanother provision hereof.
Appears in 11 contracts
Samples: Customer Service Agreement, Customer Service Agreement, Customer Service Agreement
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
Samples: Asset Purchase Agreement (Harvard Bioscience Inc), Asset Purchase Agreement (Harvard Bioscience Inc), Asset Purchase Agreement (Tandem Health Care, 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
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach by the other party of any provision of the provisions of this Agreement shall not operate as or be construed as a waiver of any other different or subsequent breach.
Appears in 11 contracts
Samples: Employment Agreement (Summit Financial Services Group Inc), Employment Agreement (Summit Financial Services Group Inc), Employment Agreement (Summit Financial Services Group Inc)
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed construed, as a waiver of any other or subsequent breach.
Appears in 11 contracts
Samples: Agreement, Independent Contractor Agreement, Bookkeeping and Pricing Agreement (Financial Investors Trust)
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
Samples: Approved Tobacco Escrow Agreement, Approved Tobacco Escrow Agreement, Approved Tobacco Escrow Agreement
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
Samples: Transition Services Agreement (CST Brands, Inc.), Transition Services Agreement (NOW Inc.), Transition Services Agreement (Corner Store Holdings, 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 10 contracts
Samples: Agreement and Plan of Merger (Technology Consulting Partners Inc), Service Standard Agreement (Reconstruction Data Group Inc), Agreement and Plan of Merger
