Common use of Waiver Clause in Contracts

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 932 contracts

Samples: Sub Administration and Sub Accounting Agreement (Scudder Advisor Funds Ii), Accounting Services Agreement (Federated Hermes Institutional Trust), Accounting Services Agreement (Federated Hermes Government Income Trust)

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Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 246 contracts

Samples: Employment Agreement (Warwick Valley Telephone Co), Employment Agreement (Warwick Valley Telephone Co), BLT Agreement (Brinker International, Inc)

Waiver. The failure of a party to this Agreement to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers in respect of a Default must be in writing signed by the waiving partywriting.

Appears in 91 contracts

Samples: Master Securities Lending Agreement, Securities Lending Agreement, Securities Lending Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that the term or of any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 51 contracts

Samples: Custody Agreement (AB CarVal Credit Opportunities Fund), Transfer Agency and Services Agreement (Datum One Series Trust), Accounting Services Agreement (Smead Funds Trust)

Waiver. The failure of a either party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 41 contracts

Samples: Support and Voting Agreement (Vestar Capital Partners v L P), Executive Employment Agreement (21st Century Oncology Holdings, Inc.), Executive Employment Agreement (Radiation Therapy Services Holdings, Inc.)

Waiver. The failure of a either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers in respect of a Default must be in writing signed by the waiving partywriting.

Appears in 35 contracts

Samples: Securities Loan Agreement, Securities Loan Agreement, Securities Loan Agreement

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 27 contracts

Samples: Trust Fund/Serv Agreement (Jpmorgan Value Opportunities Fund Inc), Trust Fund/Serv Agreement (Jp Morgan Fleming Mutual Fund Group Inc), Trust Fund/Serv Agreement (Jp Morgan Mutual Fund Investment Trust)

Waiver. The failure Failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it waiver, or deprive such that party of the right thereafter to insist upon strict adherence to that term term, or any term other term, of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 22 contracts

Samples: Settlement Agreement, Employment Contract, Employment Contract

Waiver. The failure of a party to this Agreement to insist on any occasion upon strict adherence to any term of this Agreement on any occasion shall not be considered to be a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 21 contracts

Samples: Employment Agreement (Global Defense Technology & Systems, Inc.), Employment Agreement (Global Defense Technology & Systems, Inc.), Employment Agreement (Global Defense Technology & Systems, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall will not be considered a waiver nor shall will it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 19 contracts

Samples: Electronic Trading Agreement (Mutual of America Separate Account No 3), Agreement (Massachusetts Mutual Variable Life Separate Account I), Electronic Trading Agreement (Mutual of America Separate Account No 2)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 15 contracts

Samples: Fund/Serv Agreement (MEMBERS Horizon Variable Separate Account), Fund/Serv Agreement (ALPS Series Trust), Fund/Serv Agreement (Financial Investors Trust)

Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver The Parties agree that all waivers in respect of an Event of Default must be in writing signed by the waiving partywriting.

Appears in 14 contracts

Samples: Lending and Services Agreement (Tiff Investment Program), Securities Lending and Services Agreement (Credit Suisse Opportunity Funds), Securities Lending and Services Agreement (DWS Market Trust)

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 13 contracts

Samples: Employment Agreement (HF Foods Group Inc.), Employment Agreement (Michael Kors Holdings LTD), Employment Agreement (HF Foods Group Inc.)

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in a writing signed by the waiving partyparty to be charged with such waiver.

Appears in 13 contracts

Samples: Employment Agreement (Michael Kors Holdings LTD), Employment Agreement (Michael Kors Holdings LTD), Employment Agreement (Capri Holdings LTD)

Waiver. The failure Failure of a any party to insist at any time or times upon strict adherence to compliance with any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive of such party provision at such time or any later time unless in a writing designated as a waiver and signed by or on behalf of the right thereafter to insist upon strict adherence to that term or any term party against whom enforcement of this Agreement. Any the waiver must be in writing signed by the waiving partyis sought.

Appears in 12 contracts

Samples: Trust Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Employee Stock Ownership Trust (United Natural Foods Inc), Trust Agreement (New North Penn Bancorp Inc)

Waiver. The A party’s failure of a party to insist upon strict adherence to compliance with any term provision of this Agreement on or the failure to assert any occasion right such party may have hereunder shall not be considered deemed a waiver nor shall it deprive of such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any , and no such waiver must shall be in writing effective unless by written instrument signed by the waiving partyparty granting the waiver.

Appears in 11 contracts

Samples: Employment Agreement (Epr Properties), Employment Agreement (Entertainment Properties Trust), Employment Agreement (Epr Properties)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 11 contracts

Samples: Administration Agreement (Calamos Advisors Trust/Il), Administration Agreement (Calamos Investment Trust/Il), Administration Agreement (Calamos Global Total Return Fund)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any The waiver must by any party hereto of a breach of any provision of this Agreement shall neither operate nor be construed as a general waiver or as a specific waiver of any subsequent breach by any party, unless otherwise expressly provided in writing signed by the waiving partysuch waiver.

Appears in 11 contracts

Samples: Employment Agreement (Waste Services, Inc.), Employment Agreement (Waste Services, Inc.), Employment Agreement (Waste Services, Inc.)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 10 contracts

Samples: Trust Networking Agreement (Financial Investors Trust), Trust Networking Agreement (List Income Opportunities Fund), Trust Networking Agreement (Financial Investors Trust)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other vision of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 10 contracts

Samples: Networking Agreement (ALPS Series Trust), Networking Agreement (ALPS Series Trust), Networking Agreement (ALPS Series Trust)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 10 contracts

Samples: Investment Accounting Agreement (Tiaa Cref Life Separate Account Va-1), Investment Accounting Agreement (Tiaa Cref Life Separate Account Va-1), Investment Accounting Agreement (Tiaa-Cref Life Separate Account Vli-1)

Waiver. The failure of a any party to insist upon the strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be The parties may agree to waive all or a portion of any provision in this Agreement, including any notice period, by a writing signed by the waiving party.

Appears in 9 contracts

Samples: Administration Agreement (Guggenheim Funds Trust), Amended and Restated Transfer Agency Agreement (Guggenheim Strategy Funds Trust), Administration Agreement (Guggenheim Energy & Income Fund)

Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on any occasion shall will not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of the waiving partyParty to be bound.

Appears in 8 contracts

Samples: Enrollment Agreement, Vsa Online, Vsa Online

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 6 contracts

Samples: Combined Administration Agreement (Munder Series Trust), Administration Agreement (St Clair Funds Inc), Combined Administration Agreement (Munder Framlington Funds Trust)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party thereafter of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers must be in writing and signed by an authorized representative of the waiving partyparty against which such waiver is being sought.

Appears in 6 contracts

Samples: Exclusive License Agreement (Cotherix Inc), Exclusive License Agreement (Insite Vision Inc), Development and Exclusive License Agreement (Zenosense, Inc.)

Waiver. The failure of a party to insist upon strict adherence to ------ any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 6 contracts

Samples: Fund Administration Agreement (Uam Funds Inc), Fund Administration Agreement (Pra Securities Trust /), Administration Agreement Uam Funds Trust (Uam Funds Trust)

Waiver. The failure of a either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be made in writing signed by the waiving partywriting.

Appears in 6 contracts

Samples: Supplier Agreement, Supplier Agreement (Foxhollow Technologies, Inc.), Amended Supplier Agreement (Foxhollow Technologies, Inc.)

Waiver. The failure of a either party hereto to insist upon the strict adherence to any term of this Agreement on any occasion shall not be considered as a waiver of any right hereunder nor shall it deprive such that party of the right thereafter to insist upon the strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partyAgreement at some other time.

Appears in 5 contracts

Samples: www.helinks.com, www.sartorius.com, www.sartorius.com

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such the party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 5 contracts

Samples: Transfer Agency Agreement (Us Global Investors Funds), Transfer Agency Agreement (Us Global Investors Funds), Transfer Agency Agreement (U S Global Investors Inc)

Waiver. The failure of a one party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it deprive such that party of the right thereafter to insist upon strict later on adherence to that term or any term of this Agreementthereto. Any waiver must be in writing and signed by an authorized representative of the waiving party.

Appears in 5 contracts

Samples: E Business Hosting Agreement (Udate Com Inc), E Business Hosting Agreement (SuccessFactors, Inc.), Hosting Agreement (Quantum Group Inc /Fl)

Waiver. The failure of a party any Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of any right hereunder, nor shall it deprive such party that Party of the right thereafter to insist upon the strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 5 contracts

Samples: Purchase Agreement, Share Purchase Agreement (SCM Microsystems Inc), Purchase Agreement (Mandalay Digital Group, Inc.)

Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party thereafter of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers must be in writing and signed by an authorized representative of the waiving partyParty against which such waiver is being sought.

Appears in 5 contracts

Samples: Agreement (Nanosys Inc), Agreement (Nanosys Inc), Agreement (Nanosys Inc)

Waiver. The A party's failure of a party to insist upon strict adherence to compliance with any term provision of this Agreement on or the failure to assert any occasion right such party may have hereunder shall not be considered deemed a waiver nor shall it deprive of such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 4 contracts

Samples: Employment Agreement (Entertainment Properties Trust), Employment Agreement (Entertainment Properties Trust), Employment Agreement (Entertainment Properties Trust)

Waiver. The failure of a party to insist upon strict adherence ------ to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 4 contracts

Samples: Mutual Fund Services Agreement (Ccmi Funds), Mutual Fund Services Agreement (Weldon Capital Funds Inc), Mutual Fund Services Agreement (Ameriprime Funds)

Waiver. The failure of a party to this Agreement to exercise any right granted or insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to exercise such right, or any other right or insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers in respect of a Default must be in writing signed by the waiving partywriting.

Appears in 4 contracts

Samples: Securities Loan Agreement (UTi WORLDWIDE INC), Securities Loan Agreement (UTi WORLDWIDE INC), Securities Loan Agreement (UTi WORLDWIDE INC)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that such term or any other term of this Agreement. Any waiver waiver, permit, consent or approval of any kind or character must be in writing writing, signed by a senior officer of the waiving partyapplicable Party and shall be effective only to the extent specifically set forth therein.

Appears in 4 contracts

Samples: Distribution Agreement (Audiovox Corp), Manufacturing and Distribution Agreement (Directed Electronics, Inc.), Manufacturing and Distribution Agreement (Directed Electronics, Inc.)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of any right hereunder, nor shall it deprive such that party of the right thereafter to insist upon the strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 4 contracts

Samples: Share Purchase Agreement (Private Media Group Inc), Purchase Agreement (Private Media Group Inc), Share Purchase Agreement (Private Media Group Inc)

Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive of such party of the party’s right thereafter to insist upon strict adherence to that term such provision thereafter or to any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom such waiver is sought to be enforced.

Appears in 4 contracts

Samples: Trademark License Agreement (American Outdoor Brands, Inc.), Trademark License Agreement (Smith & Wesson Brands, Inc.), Trademark License Agreement (American Outdoor Brands, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any ------ term of this Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 4 contracts

Samples: Registration Rights Agreement (Hienergy Technologies Inc), Registration Rights Agreement (Hienergy Technologies Inc), Registration Rights Agreement (Hienergy Technologies Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.Party. Information Classification: Limited Access

Appears in 3 contracts

Samples: Administration Agreement (Calamos Strategic Total Return Fund), Administration Agreement (Calamos Dynamic Convertible & Income Fund), Administration Agreement (Calamos Global Dynamic Income Fund)

Waiver. The failure of a either party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 3 contracts

Samples: Municipal Access Agreement, Muni Ci Pal Access Agreement, owensound.civicweb.net

Waiver. The A party's failure of a party to insist upon strict adherence to compliance with any term provision of this Agreement on or the failure to assert any occasion right such party may have hereunder shall not be considered deemed a waiver nor shall it deprive of such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any , and no such waiver must shall be in writing effective unless by written instrument signed by the waiving partyparty granting the waiver.

Appears in 3 contracts

Samples: Employment Agreement (Epr Properties), Employment Agreement (Entertainment Properties Trust), Employment Agreement (Entertainment Properties Trust)

Waiver. The failure of a party Party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of any provision of this Agreement must be in writing a written instrument signed and delivered by the Party waiving partythe provision.

Appears in 3 contracts

Samples: Separation Agreement and Release of Claims (Kona Grill Inc), Separation and Release Agreement (Cyalume Technologies Holdings, Inc.), Separation and Release Agreement (Cyalume Technologies Holdings, Inc.)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the waiving partyParty making the waiver.

Appears in 3 contracts

Samples: License Agreement (Unigene Laboratories Inc), License Agreement (Unigene Laboratories Inc), License Agreement (Unigene Laboratories Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 3 contracts

Samples: Agreement, rbra.ca.gov, bcdc.ca.gov

Waiver. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to enforce that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 3 contracts

Samples: Services and Support Agreement (ExamWorks Group, Inc.), Consulting Agreement (ExamWorks Group, Inc.), Consulting Agreement (ExamWorks Group, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it of that or any other term hereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and be signed by the waiving partyparty against whom the waiver is asserted.

Appears in 2 contracts

Samples: Right of First Negotiation Agreement (Halsey Drug Co Inc/New), Product Purchase Agreement (Halsey Drug Co Inc/New)

Waiver. The failure of a party to insist upon strict ------ adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Mutual Fund Services Agreement (Wallace Funds), Mutual Fund Services Agreement (Runkel Funds)

Waiver. The failure of a party to insist upon strict adherence to any term ------- provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Trust Fund (One Group Mutual Funds), Trust Fund (One Group Mutual Funds)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Networking Agreement (Massachusetts Mutual Variable Life Separate Account I), Networking Agreement (Massachusetts Mutual Variable Life Separate Account I)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such that party of the right thereafter hereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 2 contracts

Samples: Trademark License Agreement (Nii Holdings Inc), Trademark License Agreement (Nii Holdings Inc)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of any right hereunder, nor shall it deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be made in writing signed by the waiving partywriting.

Appears in 2 contracts

Samples: Pre Annexation Agreement, Pre Annexation Agreement

Waiver. 14.1 The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the waiving partyparty making the waiver.

Appears in 2 contracts

Samples: Consignment Stock Agreement, Consignment Stock Agreement

Waiver. The failure of a party to insist upon strict adherence to any term tenn of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Mutual Funds Service Agreement (Cohen & Steers Special Equity Fund), Mutual Funds Service Agreement (Cohen & Steers Equity Income Fund Inc)

Waiver. The failure of a party any Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any To be in force and enforceable, any waiver must be in writing and must be signed by the waiving partyboth Parties.

Appears in 2 contracts

Samples: Purpose of Agreement, Purpose of Agreement

Waiver. The failure of a party of this Agreement to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing and signed by the waiving partyParty.

Appears in 2 contracts

Samples: Serv and Networking Agreement (Principal Life Insurance Co Separate Account B), Serv and Networking Agreement (Principal Life Insurance Co Separate Account B)

Waiver. 14.1 The failure of a party to insist upon strict adherence to any toany term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the waiving partyparty making the waiver.

Appears in 2 contracts

Samples: Consignment Stock Agreement, Consignment Stock Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party. If any provision of this Agreement is invalid or unenforceable, the balance of the Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance it shall nevertheless remain applicable to all other persons and circumstances.

Appears in 1 contract

Samples: Form of Administration Agreement (Emerging Germany Fund Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that the term or of any term of this Agreement. , Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Fund Administration and Accounting Services Agreement (Asset Management Fund)

Waiver. The failure of a either party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered constitute a waiver nor shall it waiver, or deprive such party of the or limit that party's right thereafter to insist upon strict adherence to that term provision in a particular instance or any term of this Agreementprovision in any instance. Any waiver must shall be in writing signed by the waiving partyparty granting the waiver.

Appears in 1 contract

Samples: License Agreement (Parkervision Inc)

Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive of such party of the party’s right thereafter to insist upon strict adherence to that term such provision thereafter or to any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom such xxxxxx is sought to be enforced.

Appears in 1 contract

Samples: Settlement Agreement

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Waiver. The failure of a any party to insist upon strict adherence to any term of this the Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partyof any breach of any provision of this Agreement shall not constitute a waiver of any other breach of such provision or any provision hereof.

Appears in 1 contract

Samples: Employment Agreement (Boonton Electronics Corp)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Administration Agreement (Credit Suisse High Yield Bond Fund)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any To be in force and enforceable, any waiver must be in writing and must be signed by the waiving partyboth Parties.

Appears in 1 contract

Samples: Purpose of Agreement

Waiver. The failure of a either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it such failure deprive such that party or limit its exercise of the right thereafter to insist upon strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Iron Age Corp

Waiver. The failure of a any party to insist insists upon strict adherence to any term of this Agreement on any occasion shall not be considered a continuing waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Shareholder Agreement (Insurance Auto Auctions Inc /Ca)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the their right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Settlement Agreement and Release (Geoworks /Ca/)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this the Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Serv and Networking Agreement (GMO Series Trust)

Waiver. The failure of a either party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. , Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Employment Agreement (Radiation Therapy Services Holdings, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing and signed by the waiving party.

Appears in 1 contract

Samples: Agency Agreement (Franklin Resources Inc)

Waiver. The 22.10.1The failure of a party any Party to insist upon strict adherence to any term of this the Agreement on any occasion shall not be considered a waiver of any right hereunder nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term or any term other terms of this the Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Concession Agreement

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.2020-06-FIT AAI 8

Appears in 1 contract

Samples: Serv Agreement (Financial Investors Trust)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement. Any waiver must be in writing signed by the waiving party.writing. 8.7

Appears in 1 contract

Samples: Agreement (American Real Estate Holdings L P)

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.writing. (e)

Appears in 1 contract

Samples: Employment Agreement (Multi Tech International Corp)

Waiver. The failure of a party to insist upon strict xxxxxx xxxx xxrict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Fund Services Agreement (York Enhanced Strategies Fund, LLC)

Waiver. The failure of a any party to insist insists upon ------ strict adherence to any term of this Agreement on any occasion shall not be considered a continuing waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Shareholder Agreement (Va Partners LLC)

Waiver. The failure of a party to insist upon strict adherence to any term of OF this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Fund Services Agreement (Julius Baer Investment Funds)

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.this

Appears in 1 contract

Samples: Employment Agreement (Strategic Hotel Capital Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a future waiver nor shall it of the term or deprive such that party of the its right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting, and no waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of such provision or of any other provision thereof.

Appears in 1 contract

Samples: Memorandum of Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party. 10.

Appears in 1 contract

Samples: Mutual Funds Service Agreement (Renaissance Funds)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such or limit that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and must be signed by an authorized representative of the waiving partyparty against whom such waiver is sought to be enforced.

Appears in 1 contract

Samples: License Agreement (Inter Parfums Inc)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: GMO Series Trust

Waiver. The failure of a party Party to insist upon strict adherence to any term of this provision ohhis Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Fund/Serv and Networking Agreement (Old Westbury Funds Inc)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party of the or limit that party's right thereafter to insist upon strict adherence to that term provision in the particular instance or that provision or any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom the waiver is sought to be enforced.

Appears in 1 contract

Samples: Trademark License Agreement (Renaissance Golf Products Inc)

Waiver. The failure of a party to this Agreement to insist on any occasion upon strict adherence to any term of this Agreement on any occasion shall not be considered to be a waiver nor shall it or to deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Agreement (Education Management Corporation)

Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term such provision or any term other provision of this Agreement. Any No purported waiver must shall be effective as against any party unless consented to in writing signed by the waiving such party. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such the party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be signed in writing signed by the waiving party.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Us Global Investors Funds)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such or limit that party of the right thereafter to insist upon strict adherence to that term in the particular instance or any other term of this AgreementAgreement in any instance. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: License Agreement (Bib Holdings LTD)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party of the or limit that party’s right thereafter to insist upon strict adherence to that term provision in the particular instance or that provision or any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom the waiver is sought to be enforced.

Appears in 1 contract

Samples: Intellectual Property License (Fresh Start Private Management, Inc.)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver All waivers in respect of a Default must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Securities Loan Agreement (Carematrix Corp)

Waiver. The failure of a party any Party to insist upon strict adherence to any term of this Agreement or any Ancillary Agreement on any occasion shall not be considered a waiver of any right hereunder or thereunder, nor shall it deprive such party that Party of the right thereafter to insist upon the strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by Agreement or the waiving partyAncillary Agreements.

Appears in 1 contract

Samples: Master Separation Agreement (Aktiebolaget Electrolux)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such or limit that party of the right thereafter to insist upon strict adherence to that term in the particular instance or any other term of this AgreementAgreement in any instance. Any No modification or waiver must of this Agreement shall be effective unless it is in writing and signed by the waiving partyparties hereto.

Appears in 1 contract

Samples: License Agreement (Signature Eyewear Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of the terms of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Affiliate Agreement

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any To be in force and enforceable, any waiver must be in writing and must be signed by the waiving partyboth Parties.

Appears in 1 contract

Samples: cetradeally.com

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such the party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Marketing and Distribution Agreement

Waiver. 10.1.1 The failure of a party any Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of any right hereunder, nor shall it deprive such party that Party of the right thereafter to insist upon the strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Share Purchase Agreement (Powerwave Technologies Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.2019-06-FIT GP 8

Appears in 1 contract

Samples: Fund/Serv Agreement (Financial Investors Trust)

Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive of such party of the party's right thereafter to insist upon strict adherence to that term such provision thereafter or to any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom such waiver is sought to be enforced.

Appears in 1 contract

Samples: License Agreement (Sport Haley Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Shareholders Agreement (Comcam International Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it deprive such or limit that party of the right thereafter to insist upon strict adherence to that term in the particular instance of that term or any other term of this AgreementAgreement in any instance. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: License Agreement (Gargoyles Inc)

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