Common use of Waiver Clause in Contracts

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 1095 contracts

Samples: Underwriting Agreement (Encore Energy Partners LP), Limited Liability Company Agreement (RSE Portfolio, LLC), Limited Liability Company Agreement (StartEngine Collectibles Fund I LLC)

AutoNDA by SimpleDocs

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 599 contracts

Samples: Agreement and Plan of Merger (Gables Residential Trust), Operating Agreement (Chaparral CO2, L.L.C.), Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 385 contracts

Samples: Limited Liability Company Agreement (LunaDNA, LLC), Limited Liability Company Agreement (Yesway, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)

Waiver. A. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 125 contracts

Samples: Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.), Op Contribution Agreement (American Assets Trust, Inc.)

Waiver. No failure or delay by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a any breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 119 contracts

Samples: Ii Contribution Agreement (Amb Property Corp), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Assignment and Assumption Agreement (Amb Property Corp)

Waiver. No failure by any party Party to insist upon on the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon on a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement agreement, or condition.

Appears in 66 contracts

Samples: Asset Sale Agreement (Data443 Risk Mitigation, Inc.), Chairman Agreement (NuGene International, Inc.), Asset Purchase Agreement (LandStar, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 64 contracts

Samples: Tax Protection Agreement (CoreSite Realty Corp), Tax Protection Agreement (Retail Opportunity Investments Partnership, LP), Tax Protection Agreement (City Office REIT, Inc.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 64 contracts

Samples: Tax Receivable Agreement (Astrea Acquisition Corp.), Tax Receivable Agreement, Tax Receivable Agreement (Funko, Inc.)

Waiver. (a) No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 51 contracts

Samples: Limited Liability Company Agreement (Kimco Realty OP, LLC), Limited Liability Company Agreement (Equity One, Inc.), Termination Agreement (ZAIS Financial Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement or to exercise any right or remedy consequent available upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, dutyagreement, agreement term or condition.

Appears in 49 contracts

Samples: Partnership Agreement, Debt Conversion Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Debt Conversion Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a any breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 36 contracts

Samples: Merger Agreement (Bellingham II Associates, L.L.C.), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Agreement (Seritage Growth Properties)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of obligation under this Agreement or to exercise any right or remedy consequent upon a breach thereof under this Agreement shall constitute waiver of any such breach of obligation, right, or remedy or any other covenantobligation, dutyrights, agreement or conditionremedies under this Agreement.

Appears in 34 contracts

Samples: Tax Indemnification and Allocation Agreement (Ceva Inc), Tax Indemnification and Allocation Agreement (DSP Group Inc /De/), Tax Indemnification and Allocation Agreement (Ceva Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 31 contracts

Samples: Employment Agreement (Amerityre Corp), Employment Agreement (Amerityre Corp), Employment Agreement (Amerityre Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition.

Appears in 22 contracts

Samples: Agreement, Agreement (Buckeye GP Holdings L.P.), Omnibus Agreement (Seaspan CORP)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 19 contracts

Samples: Agreement (Crosstex Energy Lp), Crosstex Energy Lp, K-Sea Tranportation Partners Lp

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition. Any waiver must be specifically stated as such in writing.

Appears in 19 contracts

Samples: Administrative Services Agreement (Scorpio Bulkers Inc.), Form of Management Agreement (Baltic Trading LTD), Management Agreement (Teekay Tankers Ltd.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition.

Appears in 16 contracts

Samples: Vessel Management Agreement (Seaspan CORP), Management Agreement (Seaspan CORP), Vessel Management Agreement (Seaspan CORP)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 16 contracts

Samples: Operating Agreement (Global Linguist Solutions LLC), Merger Agreement (Kramont Realty Trust), Griffin-American Healthcare REIT 4, Inc.

Waiver. A. No failure or delay by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 15 contracts

Samples: Original Partnership Agreement (GTJ REIT, Inc.), Asset Purchase Agreement (Hudson Pacific Properties, Inc.), Agreement (Hudson Pacific Properties, L.P.)

Waiver. No failure by any party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 13 contracts

Samples: Limited Liability Company Agreement (Symbotic Inc.), Exchange Agreement (Dynasty Financial Partners Inc.), Exchange Agreement (Dynasty Financial Partners Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 13 contracts

Samples: Limited Partnership Agreement (Pope Resources LTD Partnership), Limited Liability Company Agreement (Lecg Corp), Joint Venture Agreement (Amf Bowling Worldwide Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 13 contracts

Samples: Contribution Agreement (Williams Partners L.P.), Administrative Services Agreement (Williams Pipeline Partners L.P.), Personnel Services and Allocation Agreement (Williams Partners L.P.)

Waiver. No A. To the fullest extent permitted by law, no failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 11 contracts

Samples: Agreement (Brixmor Property Group Inc.), Agreement (Federal Realty OP LP), Agreement (Federal Realty OP LP)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 10 contracts

Samples: Limited Liability Company Agreement (Darling Ingredients Inc.), Technology License and Supply Agreement (Mascoma Corp), Limited Liability Company Agreement (Darling International Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to the exercise of any right or remedy consequent upon resulting from a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 10 contracts

Samples: Limited Partnership Agreement (Safeway Stores 42, Inc.), Fourth (GPB Holdings II, LP), Limited Partnership Agreement (Safeway Stores 42, Inc.)

Waiver. No failure by any party to insist upon on the strict performance of any covenantconvenient, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon on a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, dutyagreement, agreement term, or condition.

Appears in 9 contracts

Samples: Consulting Agreement (Nu-Med Plus, Inc.), Consulting Agreement (Nu-Med Plus, Inc.), Consulting Agreement (Revolutionary Concepts Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement OPERATING AGREEMENT or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 9 contracts

Samples: Operating Agreement (Plant Capital, LLC), Operating Agreement (Century West Multifamily Income Reit, LLC), Operating Agreement (Lm Capital Real Estate Investment Trust, LLC)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of or any such breach of or any other covenant, duty, agreement or condition.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Lexington Realty Trust), Ownership Limit Waiver Agreement (Newkirk Master Lp), Lexington Realty Trust

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 9 contracts

Samples: Employment Agreement (Wordcruncher Internet Technologies), Employment Agreement (Wordcruncher Internet Technologies), Employment Agreement (Alta Gold Co/Nv/)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition, regardless of how long such failure continues.

Appears in 9 contracts

Samples: Stockholders Agreement (Impax Laboratories Inc), Agreement and Plan of Merger (Amneal Pharmaceuticals, Inc.), Limited Liability Company Agreement (Tradeweb Markets Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 8 contracts

Samples: Contribution Agreement (Enbridge Energy Partners Lp), Agreement (Enbridge Energy Partners Lp), Agreement (Enbridge Energy Partners Lp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such subsequent breach or any breach of any other covenant, duty, agreement or condition.

Appears in 8 contracts

Samples: Tc Pipelines Lp, Tc Pipelines Lp, Tc Pipelines Lp

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement term or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof remedy, shall constitute a waiver of such right or remedy on any such breach of any other covenant, duty, agreement or conditionsubsequent occasion.

Appears in 8 contracts

Samples: Software License Agreement (Orbitz Worldwide, Inc.), Software License Agreement (Orbitz Worldwide, Inc.), Confidential Treatment Services Agreement (KAYAK SOFTWARE Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement agreement, or condition.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (Fundrise Growth Tech Fund, LLC), Operating Agreement (EnLink Midstream, LLC), Limited Liability Company Agreement (OneDoor Studios Entertainment Properties LLC)

Waiver. No failure by any party to insist upon on the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon on a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, dutyagreement, agreement term, or condition.

Appears in 7 contracts

Samples: Termination Agreement (Oak Ridge Micro-Energy Inc), Consulting Agreement (Heavenly Hot Dogs Inc), Consulting Agreement (Oak Ridge Micro-Energy Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon to a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 6 contracts

Samples: Employment Agreement (Pacific Webworks Inc), Employment Agreement (Pacific Webworks Inc), Employment Agreement (Pacific Webworks Inc)

Waiver. No failure by any party to insist upon the strict ------ performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 6 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Agreement (Cabot Industrial Properties Lp), Contribution Agreement (Cabot Industrial Trust)

Waiver. 15.11.1 No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 6 contracts

Samples: Agreement (Arizona Land Income Corp), Agreement (Arizona Land Income Corp), Agreement (Arizona Land Income Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, covenant duty, agreement or condition of this Agreement Amendment or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, covenant duty, agreement or condition.

Appears in 6 contracts

Samples: Registration Rights Agreement, Partnership Agreement (El Paso Energy Partners Lp), Partnership Agreement (El Paso Corp/De)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall will constitute a waiver of any such breach or of any other covenant, duty, agreement or conditioncondition of this Agreement, any such waiver being made only by a written instrument executed and delivered by the waiving party. Such written waiver by the Company must be approved by the CEO or the Board.

Appears in 6 contracts

Samples: Employment Agreement (Abovenet Inc), Employment Agreement (Abovenet Inc), Employment Agreement (Abovenet Inc)

Waiver. No failure by any an party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 5 contracts

Samples: Employment Agreement (Sterling Mining CO), Consulting Agreement (Eco Science Solutions, Inc.), Employment Agreement (Qcomm International Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement agreement, or condition.

Appears in 5 contracts

Samples: Eme Homer City Generation Lp, Eme Homer City Generation Lp, Eme Homer City Generation Lp

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Rainbow Casino (Rainbow Casino-Vicksburg Partnership, L.P.), Rainbow Casino (Alliance Gaming Corp), Royal Hawaiian Orchards, L.P.

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 5 contracts

Samples: Tax Receivable Agreement (McAfee Corp.), Tax Receivable Agreement (Vacasa, Inc.), Tax Receivable Agreement (Ensemble Health Partners, Inc.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Assumption and Indemnification Agreement (EXCO Partners, LP), Omnibus Agreement (BreitBurn Energy Partners L.P.), Assumption and Indemnification Agreement (EXCO Partners, LP)

Waiver. No failure by any party Member to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Stratos Funding, LP), Limited Liability Company Operating Agreement (Helpful Alliance Co), Joinder Agreement

Waiver. No failure by any party to insist upon the strict performance performances of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Agreement (CNL Hospitality Properties Inc), Agreement (CNL Health Care Properties Inc), Agreement (CNL American Properties Fund Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of obligation under this Agreement or to exercise any right or remedy consequent upon a breach thereof under this Agreement shall constitute a waiver of any such breach obligation, right, or remedy or of any other covenantobligations, dutyrights, agreement or conditionremedies under this Agreement.

Appears in 4 contracts

Samples: Tax Sharing Agreement (Fluor Corp), Tax Sharing Agreement (Fluor Corp), Tax Sharing Agreement (Fluor Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall shall, to the fullest extent permitted by law, constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: LRR Energy, L.P., Mid-Con Energy Partners, LP, LRR Energy, L.P.

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition. No single or partial exercise of any power or right shall preclude any other or further exercise thereof or the exercise of any other power or right. No waiver by a party of any right hereunder or of any default by another shall be binding upon such party unless in writing.

Appears in 4 contracts

Samples: Note Purchase Agreement (Pilgrims Pride Corp), Note Purchase Agreement (Pilgrims Pride Corp), Note Purchase Agreement (Pilgrims Pride Corp)

Waiver. No failure by any party to insist upon the strict performance ------ of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall will constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 4 contracts

Samples: Additional Capital Contribution Agreement (Maxwell Shoe Co Inc), Option Agreement (Maxwell Shoe Co Inc), Non Compete Agreement (Maxwell Shoe Co Inc)

Waiver. No failure by any party to insist upon the strict ------ performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: General Partnership Agreement (Coso Power Developers), General Partnership Agreement (Coso Power Developers), Limited Liability Company Operating Agreement (Demattos Carlos D)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement or to exercise any right or remedy consequent available upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, dutyagreement, agreement term or condition.

Appears in 4 contracts

Samples: Lock Up Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Lock Up Agreement (Fredrickson Wade), Lock Up Agreement (Fredrickson Wade)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition. Each Partner expressly waives any right that he might have to require a partition of any Partnership property or a dissolution of the Partnership, except as otherwise provided in this Agreement.

Appears in 4 contracts

Samples: Agreement (Young Touchstone Co), Safeway Stores 42, Inc., Safeway Stores 42, Inc.

Waiver. No failure by any party to insist upon the strict performance of any covenantcovenants, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon arising from a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Operating Agreement (Forward Profit Investing LLC), Operating Agreement (FIS Healthcare Holdings, LLC), Operating Agreement (Forward Profit Investing LLC)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term or condition.

Appears in 4 contracts

Samples: Employment Agreement (Better Choice Co Inc.), Employment Agreement (Better Choice Co Inc.), Employment Agreement (Better Choice Co Inc.)

Waiver. No failure by any party to insist upon on the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Operating Agreement (U S Timberlands Klamath Falls LLC), Operating Agreement (U S Timberlands Klamath Falls LLC), Operating Agreement (U S Timberlands Co Lp)

Waiver. A. No failure by any party to insist upon on the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Forest City Realty Trust, Inc.), Limited Partnership Agreement (Forest City Enterprises Inc), Limited Partnership Agreement (Clipper Realty Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition. Any waiver by the Company or any Investor Party of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall only be effective if executed in writing by the party making such waiver.

Appears in 4 contracts

Samples: Stockholders Agreement (Duck Creek Technologies, Inc.), Stockholders Agreement (Duck Creek Technologies, Inc.), Stockholders Agreement (Shoals Technologies Group, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Operating Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (InSight Imaging Services Corp.), Limited Liability Company Agreement (InSight Imaging Services Corp.), Limited Liability Company Agreement (InSight Imaging Services Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to the exercise of any right or remedy consequent upon resulting from a breach thereof shall constitute constitute, or be deemed to constitute, a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Walden Residential Properties Inc), Limited Partnership Agreement (Walden Residential Properties Inc), Walden Residential Properties Inc

AutoNDA by SimpleDocs

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or conditioncondition of this Agreement, any such waiver being made only by a written instrument executed and delivered by the waiving party.

Appears in 3 contracts

Samples: Employment Agreement (Metromedia Fiber Network Inc), Employment Agreement (Metromedia Fiber Network Inc), Employment Agreement (Metromedia Fiber Network Inc)

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement term or condition of this Agreement or to exercise any a right or remedy consequent upon a breach thereof shall constitute a waiver. No waiver of any such breach shall affect or alter this Agreement, but each and every covenant, condition, and term of this Agreement shall continue in full force and effect with respect to any other covenant, duty, agreement existing or conditionsubsequent breach.

Appears in 3 contracts

Samples: Affiliation Agreement, Affiliation Agreement, Affiliation Agreement

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 3 contracts

Samples: Tax Receivable Agreement (GSR II Meteora Acquisition Corp.), Tax Receivable Agreement (Bitcoin Depot Inc.), Tax Receivable Agreement (GSR II Meteora Acquisition Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition. Any waiver must be specifically stated as such in writing.

Appears in 3 contracts

Samples: Master Management Agreement (Castor Maritime Inc.), Master Management Agreement (Toro Corp.), Master Management Agreement (Toro Corp.)

Waiver. No failure or delay by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a any breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.,

Appears in 3 contracts

Samples: National Golf Properties Inc, National Golf Properties Inc, National Golf Properties Inc

Waiver. (a) No failure by any party to insist upon the strict performance of any covenant, dutyobligation, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, dutyobligation, agreement or condition.

Appears in 3 contracts

Samples: Gladstone Commercial Corp, Ryman Hospitality Properties, Inc., GLADSTONE LAND Corp

Waiver. No failure by any party to insist upon the strict performance of any covenant, covenant duty, agreement Agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement Agreement or condition.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Condor Hospitality Trust, Inc.), Limited Liability Company Agreement (Condor Hospitality Trust, Inc.), Limited Liability Company Agreement (Condor Hospitality Trust, Inc.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition.. THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK

Appears in 3 contracts

Samples: Management Agreement (Seaspan CORP), Management Agreement (Seaspan CORP), Management Agreement

Waiver. No failure by any party Member to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 3 contracts

Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, covenant duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, covenant duty, agreement or condition.

Appears in 3 contracts

Samples: El Paso Corp/De, Gulfterra Energy Partners L P, El Paso Energy Partners Lp

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a the breach thereof thereof, shall constitute a waiver of any such breach of any other covenant, duty, agreement or conditionthis Agreement.

Appears in 3 contracts

Samples: Partner Agreement, Partner Agreement, Employment Agreement (Kyzen Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.. Section 16.09

Appears in 3 contracts

Samples: Operating Agreement (Wolverine Partners Corp.), Joinder Agreement (Neff Corp), Limited Liability Company Agreement (Neff Corp)

Waiver. No failure by to enforce any party condition or covenant of this Agreement will imply or constitute a waiver of the right of a Party to insist upon the strict performance of any the condition or covenant, dutyor of any other provision of this Agreement, agreement nor will any waiver by either Party of any breach of any one or condition more conditions or covenants of this Agreement or to exercise any right or remedy consequent upon constitute a breach thereof shall constitute waiver of any such succeeding or other breach of any other covenant, duty, agreement or conditionunder this Agreement.

Appears in 3 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

Waiver. (a) No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 3 contracts

Samples: Agreement (STAG Industrial, Inc.), STAG Industrial, Inc., STAG Industrial, Inc.

Waiver. No failure by any party to this Agreement to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement hereof or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, agreement, term or condition shall operate as a waiver of such or any other covenant, agreement, term or condition of this Agreement. Any party to this Agreement, by notice given in accordance with Section 8.02, may, but shall not be under any obligation to, waive any of its rights or conditions to its obligations under this Agreement, or any duty, agreement obligation or condition.covenant of any other

Appears in 3 contracts

Samples: Transaction Agreement (Usa Networks Inc), Transaction Agreement (Vivendi Universal), Transaction Agreement (Usa Networks Inc)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition, regardless of how long such failure continues.

Appears in 3 contracts

Samples: Registration Rights Agreement (Repay Holdings Corp), Registration Rights Agreement (Franchise Group, Inc.), Registration Rights Agreement (Liberty Tax, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement hereof or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Custodial Deposit Agreement (Eastern American Natural Gas Trust), 10312850f Deposit Agreement (Terra Nitrogen Co L P /De)

Waiver. No failure by any party either Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, dutyagreement, agreement term or condition.

Appears in 2 contracts

Samples: Right of Way Use Agreement, Use Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition. No waiver of any provision or default under, nor consent to any exception to, the terms of this Agreement shall be effective unless in writing and signed by the party to be bound and then only to the specific purpose, extent and instance so provided.

Appears in 2 contracts

Samples: Registration Rights Agreement (Inflection Point Acquisition Corp.), Limited Liability Company Agreement (Intuitive Machines, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition. Any waiver by the Company or any Member of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall only be effective if executed in writing by the party making such waiver.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Express, Inc.), Limited Liability Company Agreement (Express, Inc.)

Waiver. No No, failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Agreement (CNL Income Mesa Del Sol, LLC), CNL Hospitality Properties Inc

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any an such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Merry Maids Limited Partnership, ServiceMaster Consumer Services Limited Partnership

Waiver. No failure by any party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Subscription Agreement or to exercise any right or remedy consequent available upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term or condition.

Appears in 2 contracts

Samples: Subscription Agreement (InovaChem, Inc.), Subscription Agreement (Nugen Holdings, Inc.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition. No waiver shall be effective unless signed by the Party against which such waiver is sought to be enforced.

Appears in 2 contracts

Samples: Credit Agreement (GWG Holdings, Inc.), Security and Pledge Agreement (GWG Holdings, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of such or any other covenant, dutyagreement, agreement term or condition.

Appears in 2 contracts

Samples: Stock Escrow Agreement (Sento Technical Innovations Corp), Stock Escrow Agreement (Sento Technical Innovations Corp)

Waiver. No failure by any party either Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Sale and Purchase Agreement (Lm Funding America, Inc.), Sale and Purchase Agreement (Lm Funding America, Inc.)

Waiver. No failure by any party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Contribution and Exchange Agreement (Sidoti & Company, Inc.), Contribution and Exchange Agreement (Sidoti & Company, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition. Each Partner expressly waives any right that he might have to require a partition of any Partnership property or dissolution of the Partnership, except as otherwise provided in this Agreement.

Appears in 2 contracts

Samples: Agreement, gentrymillscapital.com

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall will constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Operating Agreement (Perot Systems Corp), Operating Agreement (Perot Systems Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Amendment, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Tax Receivable Agreement and LLC Agreement (McAfee Corp.), Tax Receivable Agreement and LLC Agreement (McAfee Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.. 11

Appears in 2 contracts

Samples: Employment Agreement (Ezconnect Inc /Ut/), Employment Agreement (Ezconnect Inc /Ut/)

Waiver. No failure by any party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereunder shall constitute a waiver. No waiver of any such breach shall affect or alter this Agreement, but each and every covenant, condition, agreement and term of this Agreement shall continue in full force and effect with respect to any other covenant, duty, agreement existing or conditionsubsequent breach.

Appears in 2 contracts

Samples: Information Management and Operations Services Agreement (Health Systems Solutions Inc), Management and Operations Services Agreement (Health Systems Solutions Inc)

Waiver. No failure by any party hereto or any Unitholder to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Share Exchange Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Implementation Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (NBC Internet Inc), Limited Liability Company Agreement (Cnet Inc /De)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon resulting from a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or conditioncondition or any right or remedy.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Sanford Recycling & Transfer, Inc.), Sanford Recycling & Transfer, Inc.

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement or term condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, duty, agreement agreement, term or condition.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Usfs Hawthorne Inc), Asset Transfer Agreement (Us Franchise Systems Inc/)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.condition.‌

Appears in 2 contracts

Samples: Operating Agreement, Limited Liability Company Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.. SECTION 11.08

Appears in 2 contracts

Samples: Partnership Agreement (Oaktree Capital Group, LLC), Limited Partnership Agreement (Oaktree Capital Group, LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.