Common use of Waivers Clause in Contracts

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 521 contracts

Samples: Employment Agreement (Devcon International Corp), Employment Agreement (Correctional Properties Trust), Employment Agreement (Insmed Inc)

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Waivers. The waiver by either party hereto of a breach or other violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach of the same or violationother provision of this Agreement.

Appears in 31 contracts

Samples: License Agreement Non‐commercial, License Agreement Non Commercial, License Agreement

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Employee Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 26 contracts

Samples: Employee Agreement (Mister Goody, Inc.), Employee Agreement (Universal Capital Management, Inc.), Employee Agreement (Lightwave Logic, Inc.)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Employment Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 25 contracts

Samples: Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.), Employment Agreement (Celsius Holdings, Inc.)

Waivers. The waiver by either party hereto of a breach or other violation of any term or provision of this Agreement shall not operate nor as, or be construed as to be, a waiver of any subsequent breach of the same or violationother provision of this Agreement.

Appears in 25 contracts

Samples: License Agreement, Trademark Licensing Agreement, Trademark License Agreement

Waivers. The waiver by either party hereto the Executive or the Company of a breach or violation by the other party of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationby the breaching party.

Appears in 21 contracts

Samples: Hudson Global Executive Employment Agreement (Hudson Global, Inc.), Hudson Highland Group Executive Employment Agreement (Hudson Highland Group Inc), Restricted Stock Unit Award Agreement (Hudson Highland Group Inc)

Waivers. The waiver by either party Party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 18 contracts

Samples: Asset Purchase Agreement (Radiant Logistics, Inc), Asset Purchase Agreement (Radiant Logistics, Inc), Asset Purchase Agreement (Berliner Communications Inc)

Waivers. The Any waiver by either party hereto of a breach or violation any Party of any term breach of or failure to comply with any provision of this Agreement by the other Party shall not operate nor be construed as or constitute a continuing waiver of such provision or a waiver of any subsequent breach or violationother provision of this Agreement.

Appears in 15 contracts

Samples: Assignment and Assumption Agreement (Media Entertainment Inc), Assignment and Assumption Agreement (Media Entertainment Inc), Assignment and Assumption Agreement (Media Entertainment Inc)

Waivers. The waiver by either any party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 14 contracts

Samples: Purchase Agreement (Legacy Bancorp, Inc.), Purchase Agreement (Great Lakes Bancorp, Inc.), Purchase Agreement (First Niagara Financial Group Inc)

Waivers. The waiver by either any party hereto of a breach or violation of any term or provision portion of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 12 contracts

Samples: Agreement (Supertel Hospitality Inc), Hotel Purchase Agreement (Supertel Hospitality Inc), Hotel Purchase Agreement (Supertel Hospitality Inc)

Waivers. The waiver of a breach by either party hereto of a breach or violation of any term or provision of this Agreement Agreement, at any time or times, shall not operate nor be deemed or construed as to be a waiver of any subsequent breach or violationbreaches of the same or of any other terms or provisions of this Agreement at any time or times.

Appears in 11 contracts

Samples: Change in Control Severance Pay Agreement (Goldleaf Financial Solutions Inc.), Change in Control Severance Pay Agreement (Goldleaf Financial Solutions Inc.), Confidentiality, Non Competition and Severance Pay Agreement (American Homepatient Inc)

Waivers. The Neither the waiver by either a party hereto of a breach of or violation a default under any of the provisions of this Agreement, nor the failure of a party, on one or more occasions, to enforce any term or provision of the provisions of this Agreement or to exercise any right, remedy, or privilege hereunder shall not operate nor thereafter be construed as a waiver of any subsequent breach or violationdefault of a similar nature, or as a waiver of any such provisions, rights, remedies, or privileges hereunder.

Appears in 9 contracts

Samples: Stock Option Agreement (Ivivi Technologies, Inc.), Employment Agreement (Logimetrics Inc), Employment Agreement (Logimetrics Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement by the other party shall not operate nor be construed as a waiver of any subsequent breach or violationviolation of any provision of this Agreement nor of any other right or remedy.

Appears in 8 contracts

Samples: Employment Agreement (Full House Resorts Inc), Employment Agreement (Rexall Sundown Inc), Employment Agreement (Rexall Sundown Inc)

Waivers. The waiver by either party hereto of a breach or violation ------- of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 8 contracts

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

Waivers. The waiver by either party any Party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 8 contracts

Samples: Asset Purchase Agreement (Matthews International Corp), Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp)

Waivers. The Any waiver by either any party hereto of a any breach or violation of any term or provision of this Agreement by any other party shall not operate nor or be construed as a waiver by such party of any subsequent breach or violationviolation thereof.

Appears in 7 contracts

Samples: Employment Agreement (Cistera Networks, Inc.), Employment Agreement (Novamex Energy Inc.), Employment Agreement (Novamex Energy Inc.)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violation.

Appears in 7 contracts

Samples: Employment Agreement (International Fast Food Corp), Employment Agreement (Investors Focus Inc), Employment Agreement (International Fast Food Corp)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violationbreach.

Appears in 7 contracts

Samples: Employment Agreement (Hamilton Bancorp Inc), Employment Agreement (Republic Banking Corp of Florida), Employment Agreement (Republic Banking Corp of Florida)

Waivers. The A waiver by either any party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor as or be construed as to be a waiver of any subsequent other breach of such provision or violationof any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver or modification of this Agreement must be in writing.

Appears in 7 contracts

Samples: Employment Agreement (Hadron Inc), Employment Agreement (Hadron Inc), Form of Employment Agreement (Hadron Inc)

Waivers. The Any waiver by either any party hereto of a breach or violation of any term violation of, breach of or default under any provision of this Agreement by the other party shall not operate nor be construed as as, or constitute, a continuing waiver of such provision, or waiver of any subsequent other violation of, breach of or violationdefault under any other provision of this Agreement.

Appears in 6 contracts

Samples: Is an Employment Agreement (Kent Financial Services Inc), Is an Employment Agreement (Kent Financial Services Inc), Is an Employment Agreement (Kent Financial Services Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision provisions of this Agreement shall not operate nor as, or be construed as to be, a waiver of any subsequent breach or violationof this Agreement.

Appears in 6 contracts

Samples: Agreement for The, Agreement, Osd Agreement

Waivers. The waiver Waiver by either party hereto any Party of a any breach or violation of failure to comply with any term or provision of this Agreement by another Party shall not operate nor be construed as as, or constitute, a continuing waiver of such provision or a waiver of any subsequent other breach of or violationfailure to comply with any other provision of this Agreement.

Appears in 6 contracts

Samples: Joint Venture Profit Sharing Agreement, Joint Venture Agreement (FBEC Worldwide Inc.), Joint Venture Agreement (FBEC Worldwide Inc.)

Waivers. The A waiver by either party hereto of a breach or violation default under this Agreement shall not be a waiver of any other or subsequent breach or default. The failure or delay by either Party in enforcing compliance with any term or provision condition of this Agreement shall not operate nor be construed as a constitute waiver of any subsequent breach such term or violationcondition, unless such term or condition is expressly waived in writing.

Appears in 6 contracts

Samples: Agreement (Unilife Corp), Licence Agreement (Horizon Pharma, Inc.), Licence Agreement (Horizon Pharma, Inc.)

Waivers. The Any waiver by either party hereto of a breach or violation of any term or breach of any provision of this Agreement shall not operate nor as or be construed as a waiver of any subsequent breach thereof or violationof the breach of any other provision hereof.

Appears in 6 contracts

Samples: Consulting Agreement (Enox Biopharma Inc), Consulting Agreement (Enox Biopharma Inc), Consulting Agreement (Enox Biopharma Inc)

Waivers. The waiver by either party hereto Party of a breach or violation default in any of any term or provision the provisions of this Agreement by the other Party shall not operate nor be construed as a waiver of any subsequent succeeding breach of the same of either Party to exercise or avail itself of any right, power or privilege that it has or may have hereunder nor operates as a waiver of any breach or violationdefault by the other Party.

Appears in 5 contracts

Samples: Distribution Agreement (Rosewind CORP), Distribution Agreement (Insulet Corp), Distribution Agreement (Rosewind CORP)

Waivers. The waiver by either a party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 5 contracts

Samples: Agreement (Sunair Electronics Inc), Agreement (Fort Ashford Holdings LLC), Agreement (Food Technology Service Inc)

Waivers. The waiver by either party hereto of a breach or violation default of any term or provision of the provisions of this Agreement by the other party shall not operate nor be construed as a waiver of any subsequent succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or violationdefault by the other party.

Appears in 5 contracts

Samples: Sectigo Vulnerability Scanning Subscriber Agreement, Webdns Sectigo Web Security Platform Terms and Conditions, Sectigo Vulnerability Scanning Subscriber Agreement

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate as nor be construed as a waiver of any subsequent breach or violation.

Appears in 5 contracts

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

Waivers. The A waiver by either party hereto of a breach or violation of any term or breach of any provision of this Agreement shall not operate nor be construed as deemed to constitute a waiver of any preceding or subsequent breach of the same or violationany other provision of this Agreement.

Appears in 4 contracts

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

Waivers. The waiver by either party hereto of a the parties of the other party's prompt and complete performance, or breach or violation violation, of any term or provision provisions of this Agreement and related documents shall not operate nor or be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties to exercise any right or remedy which it may possess hereunder shall not operate or be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

Appears in 4 contracts

Samples: Marketing and Services Agreement (Physicians Health Services Inc), Strategic Relationship Agreement (Safeguard Health Enterprises Inc), Marketing and Services Agreement (Physicians Health Services Inc)

Waivers. The waiver by either any party hereto of a breach or violation by any other party of any term or provision of the provisions of this Agreement shall not operate nor or be construed deemed as a waiver of any other provision of this Agreement or of any subsequent breach or violationthereof by any party.

Appears in 4 contracts

Samples: Promotional Agent Distribution Agreement (Seligman Portfolios Inc/Ny), Promotional Agent Distribution Agreement (Canada Life of America Variable Annuity Account 2), Promotional Agent Distribution Agreement (Seligman Portfolios Inc/Ny)

Waivers. The waiver by either party Party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.. (d)

Appears in 4 contracts

Samples: Employment Agreement (Samson Oil & Gas LTD), Employment Agreement (Samson Oil & Gas LTD), Employment Agreement (Samson Oil & Gas LTD)

Waivers. The waiver by either any party hereto of a any breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any breach or violation of any others provision or any subsequent breach or violationviolation by any party.

Appears in 4 contracts

Samples: Employment Agreement (Blue Earth Solutions, Inc.), Employment Agreement (Blue Earth Solutions, Inc.), Employment Agreement (Blue Earth Solutions, Inc.)

Waivers. The waiver by either party hereto of a breach or of violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 4 contracts

Samples: Employment Agreement (Independence Holding Co), Employment Agreement (Independence Holding Co), Employment Agreement (Independence Holding Co)

Waivers. The Any waiver by either any party hereto of a breach or violation of any term violation of, breach of or -------- default under any provision of this Agreement by the other party shall not operate nor be construed as as, or constitute, a continuing waiver of such provision, or waiver of any subsequent other violation of, breach of or violationdefault under any other provision of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Cortech Inc), Employment Agreement (Kent Financial Services Inc), Is an Employment Agreement (Pure World Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 3 contracts

Samples: Employment Agreement (Fusion Connect, Inc.), Employment Agreement (Fusion Connect, Inc.), Employment Agreement (Fusion Telecommunications International Inc)

Waivers. 39. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.. DAMAGES

Appears in 3 contracts

Samples: Employment Agreement (Secured Financial Network, Inc.), Employment Agreement (Secured Financial Network, Inc.), Employment Agreement (Secured Financial Network, Inc.)

Waivers. The waiver by either party Party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violation.

Appears in 3 contracts

Samples: Employment Agreement (Hisamitsu U.S., Inc.), Employment Agreement (Noven Pharmaceuticals Inc), Employment Agreement (Noven Pharmaceuticals Inc)

Waivers. The A waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as constitute a waiver of any subsequent breach of such provision or violationof any other provision hereof. Failure of either party to enforce at any time or from time to time any provision of this Agreement shall not be construed as a waiver thereof.

Appears in 3 contracts

Samples: Lease (Zymogenetics Inc), Office Lease Agreement (Blue Nile Inc), Lease (Zymogenetics Inc)

Waivers. The waiver by either party hereto of a breach or other violation of any term or provision of this Agreement shall not operate nor as, or be construed as to be, a waiver of any subsequent breach of the same or violationany other provision of this Agreement.

Appears in 3 contracts

Samples: Franchise Agreement, License Agreement, Sur Marathon Foundation License Agreement

Waivers. The waiver by either party hereto of a any breach or violation of failure to comply with any term or provision of this Agreement by the other party shall not operate nor be construed as as, or constitute a continuing waiver of such provision or a waiver of any subsequent other breach of or violationfailure to comply with any other provision of this Agreement.

Appears in 3 contracts

Samples: Sewer Backflow Check Valve Model Agreement, Cooperative Agreement, Cooperative Agreement

Waivers. The Any waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach of such provision or violationany other provision hereof.

Appears in 2 contracts

Samples: Employment Agreement (Innovive Pharmaceuticals, Inc.), Employment Agreement (Innovive Pharmaceuticals, Inc.)

Waivers. The waiver by either party hereto All waivers of a breach or violation of any term or provision of this Agreement shall by either party must be in writing and cannot operate nor as, or be construed as to be, a waiver of any subsequent breach or violationhereof.

Appears in 2 contracts

Samples: Consulting Agreement (Coca Cola Co), Consulting Agreement (Coca Cola Co)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation. 22.

Appears in 2 contracts

Samples: Share Exchange Agreement (Dtomi Inc), Employment Agreement (Dtomi Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach of such provision, or violationas a waiver of any other provision of this Agreement.

Appears in 2 contracts

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

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement employment agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 2 contracts

Samples: Employment Agreement (Griffin Land & Nurseries Inc), Employment Agreement (Griffin Land & Nurseries Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.or

Appears in 2 contracts

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

Waivers. The No waiver by either party hereto of a breach or violation of any term or provision of this Agreement agreement shall constitute a waiver of any other breach of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this agreement shall not operate nor be construed as a waiver of any subsequent breach or violationthereof.

Appears in 2 contracts

Samples: Agreement (Steroidogenesis Inhibitors International Inc), Agreement (Steroidogenesis Inhibitors International Inc)

Waivers. The waiver by either any party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor as, or be construed as to constitute, a waiver of any subsequent breach of the same or violationany other provision hereof. Any waiver of a breach or violation of any provision of this Agreement must be in writing and signed by the party waiving such breach or violation to be effective.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Community Health Systems Inc), Asset Purchase Agreement (Community Health Systems Inc)

Waivers. The waiver by either party hereto of a breach or violation one Party of any term provisions or provision breach of this Agreement shall not operate nor be construed as deemed a waiver of any subsequent other provision or breach or violationof this Agreement.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Waivers. The waiver by either any party hereto of a any breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any breach or violation of any other provision or any subsequent breach or violationviolation by any party.

Appears in 2 contracts

Samples: Employment Agreement (Earth Science Tech, Inc.), Employment Agreement (Earth Science Tech, Inc.)

Waivers. The A waiver by either party hereto of a breach or violation of any term or provision of this Agreement failure to perform hereunder shall not operate nor be construed as constitute a waiver of any subsequent breach or violationfailure.

Appears in 2 contracts

Samples: Hipaa Business Associate Agreement, Hipaa Business Associate Agreement

Waivers. The waiver by either party hereto of a breach or violation of -------- any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 2 contracts

Samples: Smith Employment Agreement (Charys Holding Co Inc), Holcomb Employment Agreement (Charys Holding Co Inc)

Waivers. The waiver by either party hereto of a breach or violation -------- of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 2 contracts

Samples: Employment Agreement (Charys Holding Co Inc), Employment Agreement (Charys Holding Co Inc)

Waivers. The Any waiver by either party hereto of a any breach or violation of any term or provision condition of this Agreement shall not operate nor be construed as deemed to be a waiver of any subsequent breach rights or violationremedies resulting from that breach, nor shall such waiver constitute a waiver of any other term or condition of this Agreement.

Appears in 2 contracts

Samples: Affiliation Agreement Sub Distribution and  private Cable Aggregation Agreement (Citizens Capital Corp), Affiliation Agreement Sub Distribution and Private Cable Aggregation Agreement (Citizens Capital Corp)

Waivers. The waiver by either party hereto Party of a breach breach, default, or violation right in any of any term or provision the provisions of this Agreement by the other Party shall not operate nor be construed as a waiver of any subsequent breach succeeding breach, default, or violationright of the same or other provisions.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

Waivers. The waiver by either any party hereto of a breach or violation by any other party of any term or provision of the provisions of this Agreement shall not operate nor or be construed deemed as a waiver or any other provision of this Agreement or of any subsequent breach or violationthereof by any party.

Appears in 2 contracts

Samples: Agreement (Variable Account I of Aig Life Ins Co), Buy Sell Agreement (Variable Account a American Intl Life Assur Co of New York)

Waivers. The waiver by either party hereto of a breach or violation default in any of any term or provision the provisions of this Agreement by the other party shall not operate nor be construed as a waiver of any subsequent succeeding breach of the same or violationother provisions.

Appears in 2 contracts

Samples: Distributorship Agreement (Ligand Pharmaceuticals Inc), Distributorship Agreement (Ligand Pharmaceuticals Inc)

Waivers. The Any waiver by either party hereto Party of a breach or violation of any term or provision of this Agreement must be in a writing signed by such Party, and any such waiver shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 2 contracts

Samples: Employment Agreement (NV5 Global, Inc.), Employment Agreement (NV5 Global, Inc.)

Waivers. The waiver by either party hereto the Executive or Xxxxxx of a breach or violation by the other party of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationby the breaching party.

Appears in 2 contracts

Samples: Executive Employment Agreement (Hudson Global, Inc.), Hudson Global Executive Employment Agreement (Hudson Global, Inc.)

Waivers. The waiver by either party hereto Seller or Buyer of a any breach or violation of failure to comply with any term or provision of this Agreement by the other party shall not operate nor be construed as as, or constitute a continuing waiver of such provision or a waiver of any subsequent other breach of or violationfailure to comply with any other provision of this Agreement.

Appears in 2 contracts

Samples: Used Equipment Sales Agreement, Used Equipment Sales Agreement

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Waivers. The A waiver by either party on the part of any of the parties hereto of a breach any term, provision or violation of any term or provision condition of this Agreement or breach thereof shall not operate constitute a precedent, nor be construed as bind any party hereto to a waiver of any subsequent other term, provision or condition of this Agreement or any other or succeeding breach of the same or violationany other term, provision or condition hereof.

Appears in 2 contracts

Samples: Securityholders' Agreement (Jacobson Benjamin R), Option Designation Agreement (Jacobson Benjamin R)

Waivers. The waiver waivers by either any party hereto of a breach or violation of any term or provision provisions of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 2 contracts

Samples: Employment Agreement (Birman Managed Care Inc), Employment Agreement (Birman Managed Care Inc)

Waivers. 12.1. The waiver by either party hereto of a breach or other violation of any term or provision of this Agreement shall not operate nor as, or be construed as to be, a waiver of any subsequent breach of the same or violationother provision of this Agreement.

Appears in 2 contracts

Samples: Consignment Agreement, Consignment Agreement

Waivers. The waiver Waiver by either party hereto of or the failure by either party to claim a breach or violation of any term or provision of this Agreement shall not operate nor be construed as deemed to constitute a waiver of or estoppel with respect to any subsequent breach or violationof any provision hereof.

Appears in 2 contracts

Samples: Trial Services Agreement (Kendle International Inc), Kendle Master Agreement (Kendle International Inc)

Waivers. The waiver by either party hereto of a breach or violation by the other of any term or provision of this Agreement shall will not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 2 contracts

Samples: Employment Agreement (MGC Parent LLC), Employment Agreement (MGC Parent LLC)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation. 21.

Appears in 2 contracts

Samples: Share Exchange Agreement (Dtomi Inc), Employment Agreement (Dtomi Inc)

Waivers. The A waiver by either party on the part of any of the parties hereto of a breach any ------- term, provision or violation of any term or provision condition of this Agreement or breach thereof shall not operate constitute a precedent, nor be construed as bind any party hereto to a waiver of any subsequent other term, provision or condition of this Agreement or any other or succeeding breach of the same or violationany other term, provision or condition hereof.

Appears in 2 contracts

Samples: Stockholder Agreement (Bertuccis of White Marsh Inc), Stockholder Agreement (Bertuccis of White Marsh Inc)

Waivers. The waiver by either party hereto of a breach or violation of ------- any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 2 contracts

Samples: Employment Agreement (Charys Holding Co Inc), Employment Agreement (Charys Holding Co Inc)

Waivers. The waiver by either party hereto the Executive or Hxxxxx of a breach or violation by the other party of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationby the breaching party.

Appears in 2 contracts

Samples: Hudson Global Executive Employment Agreement (Hudson Global, Inc.), Hudson Global Executive Employment Agreement (Hudson Global, Inc.)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation. 15.

Appears in 2 contracts

Samples: Employment Agreement (Roadrunner Transportation Systems, Inc.), Employment Agreement (Roadrunner Transportation Systems, Inc.)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach of such provision or violationof any other provision.

Appears in 1 contract

Samples: Employment Agreement

Waivers. The A waiver by either party hereto any Party of a any breach or violation of any term or provision of this Agreement by the other Party shall not operate nor prevent the subsequent enforcement of that term and shall not be construed as deemed a waiver of any subsequent breach or violationbreach.

Appears in 1 contract

Samples: www.solar-repository.sg

Waivers. The waiver by either any party hereto of a breach or violation by another party of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 1 contract

Samples: Escrow Agreement (Ir Operating Corp)

Waivers. A. The waiver by either party hereto of a breach or other violation of any term or provision of this Agreement agreement shall not operate nor as or be construed as to be a waiver of any subsequent breach of the same or violationother provisions of this agreement also.

Appears in 1 contract

Samples: Trademark Licensing Agreement

Waivers. The waiver by either party hereto of a any breach or other violation of any term or provision of this Agreement shall not operate nor as, or be construed as to be, a waiver of any subsequent breach of the same or violationother provision of this Agreement.

Appears in 1 contract

Samples: And Resource Officer Agreement

Waivers. The waiver by either party hereto a Party of a breach or violation of any term or provision condition of this the Agreement shall not operate nor prevent the enforcement of that term or condition by that Party in the case of a subsequent breach, and shall not be deemed or construed as a waiver of any subsequent breach or violationbreach.

Appears in 1 contract

Samples: Pound Service Agreement

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Balanced Care Corp)

Waivers. The waiver by either any party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any other subsequent breach or violationbreach.

Appears in 1 contract

Samples: Strategic Relationship Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation. 18.

Appears in 1 contract

Samples: First Amended Employment Agreement (Equity One Inc)

Waivers. The waiver by either party hereto of a breach or violation ------- of any term or provision of this Agreement Amendment shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 1 contract

Samples: Employment and Retention (Ameripath Inc)

Waivers. The It is agreed that a waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor operate, or be construed construed, as a waiver of any subsequent breach or violationby that same party.

Appears in 1 contract

Samples: Subscription Agreement (SECURE NetCheckIn Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach beach or violation.

Appears in 1 contract

Samples: Employment Agreement (Big City Radio Inc)

Waivers. The waiver by either party hereto of a breach or violation by the other party of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 1 contract

Samples: Agreement

Waivers. The waiver by of either party hereto of a breach or violation of of, or failure to comply with, any term condition or provision of this Agreement by the other party shall not effect this Agreement and shall not operate nor or be construed as a waiver of any subsequent breach breach, violation or violationfailure, and shall not affect any of the rights or remedies of the parties hereto. No departure from this Agreement will constitute a waiver or modification of any of the provisions or conditions, or of the rights, or remedies of either of the parties hereto.

Appears in 1 contract

Samples: Assignment of Interest Agreement (Multisys Language Solutions Inc)

Waivers. The No waiver by either any party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violation.

Appears in 1 contract

Samples: Agreement (Hte Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.. Exhibit 10(vi)

Appears in 1 contract

Samples: Employment Agreement (SONNEN Corp)

Waivers. The waiver by either any party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor as or be construed as to be a waiver of any subsequent breach or violationhereof.

Appears in 1 contract

Samples: Precedent Agreement (Roanoke Gas Co)

Waivers. The waiver by either party hereto of a any breach or violation default of any term the other party or provision the failure of this Agreement either party to promptly exercise its rights hereunder shall not operate nor be construed as a waiver of any subsequent breach or violationdefault or as a waiver of any of the terms, provisions or conditions of this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement (Electric Fuel Corp)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation. .

Appears in 1 contract

Samples: Employment Agreement (Miller Petroleum Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Consulting Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 1 contract

Samples: Consulting Agreement (Celsius Holdings, Inc.)

Waivers. The waiver by either party Party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach of the same or violationany other provision.

Appears in 1 contract

Samples: Asset Purchase Agreement (Atrinsic, Inc.)

Waivers. The waiver by either party Party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violation. Any such waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.

Appears in 1 contract

Samples: Employment Agreement (Whitney Information Network Inc)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this the Agreement shall not operate operate, nor be construed construed, as a waiver of any subsequent breach or violation.

Appears in 1 contract

Samples: Employment Agreement (Empire Financial Holding Co)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor as or be construed as continued to be a waiver of any subsequent breach or violationbreath of this Agreement.

Appears in 1 contract

Samples: Agreement (Amerigroup Corp)

Waivers. The Any waiver by either any party hereto of a violation of, breach of or violation of default under any term or provision of this Agreement by the other party shall not operate nor be construed as as, or constitute, a continuing waiver of such provision, or waiver of any subsequent other violation of, breach of or violationdefault under any other provision of this Agreement.

Appears in 1 contract

Samples: Pure World Inc

Waivers. The waiver by either one party hereto of a breach or violation of any term provision or provision breach of this Agreement shall not operate nor be construed as deemed a waiver of any subsequent other provision or breach or violationof this Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Waivers. The waiver by either a party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor or be construed as a waiver of any subsequent breach or violationbreach.

Appears in 1 contract

Samples: Wood Supply Agreement (Bear Island Finance Co Ii)

Waivers. Exhibit 10(ix ) The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.

Appears in 1 contract

Samples: Employment Agreement (SONNEN Corp)

Waivers. The waiver by either party hereto of a breach or violation of any term or provision provisions of this Agreement agreement shall not operate nor as, or be construed as to be, a waiver of any subsequent breach or violationviolation of any provision of this Agreement.

Appears in 1 contract

Samples: Independent Contractor Agreement

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