Common use of Waivers Clause in Contracts

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.

Appears in 133 contracts

Sources: Standard Agreement, Standard Agreement, Construction Contract

Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 80 contracts

Sources: Architect/Engineer Agreement, Architect/Engineer Agreement, Architect/Engineer Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the this Agreement.

Appears in 72 contracts

Sources: Construction Management Agreement, Construction Management Agreement, Construction Manager at Risk Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance non‑compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.

Appears in 53 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of provided under the provisions of this Agreement shall impair any such right or constitute power or be construed to be a waiver of any such the right or power. A written waiver granted by either party of the parties of any covenant or condition provision of this Agreement shall not be construed as a future waiver of that provision or a waiver of any subsequent breach of that or of any other covenant or condition provision of the Agreement.

Appears in 42 contracts

Sources: Miscellaneous Services Agreement, Miscellaneous Services Agreement, Miscellaneous Professional Services Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from non-non compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.

Appears in 38 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.

Appears in 26 contracts

Sources: Master Services Agreement, Outsourcing Services Agreement, Master Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance non‑compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.

Appears in 22 contracts

Sources: Design Build Agreement, Construction Manager Agreement, Construction Manager Agreement

Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party hereto shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 21 contracts

Sources: Architectural Services Agreement, Architectural Services Agreement, Master Agreement for Architectural Services

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either The failure of a party to insist at any time upon the strict performance of any covenant or condition of agreement or to exercise any option, right, power, or remedy contained in this Agreement shall not be construed as a waiver or a relinquishment thereof for the future. Notwithstanding any provision of any subsequent breach of that or of any other covenant or condition this Agreement, nothing herein constitutes a waiver of the Agreementconstitutional, statutory or common law rights, privileges, defenses or immunities of the parties.

Appears in 17 contracts

Sources: Professional Services, Construction Manager at Risk Agreement, Project Controls Professional Agreement

Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall will impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall will not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.

Appears in 10 contracts

Sources: License Agreement (Uncommon Giving Corp), Master Services Agreement (Uncommon Giving Corp), Master Services Agreement (Uncommon Giving Corp)

Waivers. No delay or omission by either party of the parties in exercising any right or power arising from non-compliance accruing upon the non‑compliance or failure of performance by the other party with of any of the provisions of this Agreement shall impair any such right or constitute power or be construed to be a waiver of any such right or power. A waiver by either party of the parties of any covenant of the covenants, conditions or condition of this Agreement agreements to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant covenant, condition or condition of the Agreementagreement.

Appears in 9 contracts

Sources: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement

Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from non-compliance accruing upon the non‑compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party hereto shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 9 contracts

Sources: Leed Eb Certification Agreement, Architectural Services Agreement, Architectural Services Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract.

Appears in 8 contracts

Sources: Construction Manager at Risk Contract, Construction Manager at Risk Contract, Construction Contract

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract. Nothing in this Contract shall be construed to waive the constitutional, statutory, or common law rights or immunities of either party to this Contract.

Appears in 6 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance accruing upon the noncompliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.

Appears in 6 contracts

Sources: Project Location and Consulting Agreement, Consulting Agreement (Mammatech Corp), Consulting Agreement (Mammatech Corp)

Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.

Appears in 5 contracts

Sources: Construction Contract, Construction Contract, Standard Agreement

Waivers. No delay or omission by either party of the parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 5 contracts

Sources: Interlocal Agreement, Interlocal Agreement, Interlocal Agreement

Waivers. No delay or omission by either party in exercising to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the Agreementparty waiving its rights.

Appears in 4 contracts

Sources: Master Purchase Agreement, Licensing Agreements (Metacreations Corp), Licensing and Services Agreement (Metacreations Corp)

Waivers. No delay or omission by either party of the parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with of any of the provisions of this Agreement shall impair any such right or constitute power or be construed to be a waiver of any such right or power. A waiver by either party of the parties of any covenant of the covenants, conditions or condition of this Agreement agreements to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant covenant, condition or condition of the Agreementagreement.

Appears in 4 contracts

Sources: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement

Waivers. No failure or delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement its rights hereunder shall impair or constitute operate as a waiver thereof to prevent either party from demanding strict compliance thereof. Waiver of a breach of any such right or power. A waiver by either party of any covenant or condition provision of this Agreement shall not be construed as deemed a waiver of any subsequent other breach of that the same or of any other covenant or condition of the Agreementdifferent provision.

Appears in 3 contracts

Sources: Referral Agent Agreement, Independent Sales Agent Agreement, Sales Agent Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.

Appears in 3 contracts

Sources: Management and Leasing Agreement (Cornerstone Properties Inc), Management and Leasing Agreement (Cornerstone Properties Inc), Residential Management Agreement (Cornerstone Properties Inc)

Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Notwithstanding any provision of this Agreement, nothing herein constitutes a waiver of the constitutional, statutory, or common law rights, privileges, defenses, or immunities of the parties.

Appears in 3 contracts

Sources: Owner/Architect Engineer Agreement, Owner/Architect Engineer Agreement, Owner/Architect Engineer Agreement

Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party of any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver of the provision(s). A waiver by either party of the Parties of any covenant or condition of this Agreement Contract term to be performed by the other Party shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract term.

Appears in 2 contracts

Sources: Construction Manager at Risk Cost Plus GMP Agreement, Construction Services Agreement

Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant power or condition of this Agreement shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementthereof.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.

Appears in 2 contracts

Sources: Construction Contract, Construction Contract

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.be

Appears in 2 contracts

Sources: Construction Contract, Construction Contract

Waivers. No failure or delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement its rights hereunder shall impair or constitute operate as a waiver thereof or prevent either party from demanding strict compliance thereof. Waiver of a breach of any such right or power. A waiver by either party of any covenant or condition provision of this Agreement shall not be construed as deemed a waiver of any subsequent other breach of that the same or of any other covenant or condition of the Agreementdifferent provision.

Appears in 2 contracts

Sources: Sales Referral Agreement, Sales Partner Agreement

Waivers. No delay or omission by either party in exercising the exercise ------- of any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the Agreementparty waiving its rights.

Appears in 2 contracts

Sources: Intellectual Property Agreement (Rightstart Com Inc), Intellectual Property Agreement (Right Start Inc /Ca)

Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with any of under the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Education Realty Trust, Inc.), Purchase and Sale Agreement (Education Realty Trust, Inc.)

Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party of any of the provisions of this Agreement shall will impair or constitute a waiver of any such right or powerpower or be construed to be a waiver of the provision(s). A waiver by either party of the Parties of any covenant or condition of this Agreement shall term to be performed by the other Party will not be construed as to be a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementAgreement term.

Appears in 2 contracts

Sources: Funding and Operating Agreement, Property Transfer Agreement

Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall will impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall will not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of the Agreementcovenant.

Appears in 2 contracts

Sources: Services and Support Agreement (Trivago N.V.), Management Services Agreement (Trivago N.V.)

Waivers. No delay or omission by either party in exercising any right or power arising from non-non compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract. Binding Effect. This Contract shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.

Appears in 2 contracts

Sources: Contract, Contract

Waivers. No delay or omission by either party in exercising a Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party a Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed the Agreementaggrieved Party.

Appears in 2 contracts

Sources: Mutual Nondisclosure Agreement, Mutual Nondisclosure Agreement

Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. power or be construed to be a waiver thereof A waiver by either party of the Parties of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other Party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 2 contracts

Sources: Interlocal Agreement, Interlocal Agreement

Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from non-accruing upon the non compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party hereto shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 2 contracts

Sources: Construction Management at Risk Agreement, Construction Management‐at‐risk Agreement

Waivers. No delay or omission by either party in exercising a Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Pilot Program Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.

Appears in 2 contracts

Sources: Pilot Program Agreement, Pilot Program Agreement (Us Home Systems Inc)

Waivers. No delay or omission by either party in exercising a Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.

Appears in 2 contracts

Sources: Engineering, Procurement and Construction Agreement (SolarMax Technology, Inc.), Construction Agreement

Waivers. No delay or omission by either party in exercising a Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Program Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.

Appears in 1 contract

Sources: Program Agreement (Us Home Systems Inc)

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance perfonnance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.

Appears in 1 contract

Sources: Construction Contract

Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the Parties of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other Party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 1 contract

Sources: Interlocal Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of provided under the provisions of this Agreement or any Job Order shall impair any such right or constitute power or be construed to be a waiver of any such the right or power. A written waiver granted by either party of the parties of any covenant or condition provision of this Agreement shall not be construed as a future waiver of that provision or a waiver of any subsequent breach of that or of any other covenant or condition provision of the Agreement.Agreement.‌

Appears in 1 contract

Sources: Owner Contractor Agreement

Waivers. No delay or omission by either party in exercising any Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this License Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.

Appears in 1 contract

Sources: Trademark and Service Mark License Agreement (Us Home Systems Inc)

Waivers. No A delay or omission by either party in exercising Party hereto to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of under this Agreement shall not be construed as to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any subsequent succeeding breach of that thereof or of any other covenant or condition of herein contained. All waivers shall be in writing and signed by the AgreementParty waiving its rights.

Appears in 1 contract

Sources: Integrated Services Agreement

Waivers. No delay or omission by either party of the Parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with any of Party under the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the Parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other Party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Waivers. No delay or omission by either a party in exercising to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the Agreementparty waiving its rights.

Appears in 1 contract

Sources: Independent Contractor Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of or performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power, or to be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenant, condition or agreement.

Appears in 1 contract

Sources: Branded Services Agreement (GTC Telecom Corp)

Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure to perform of performance by the other party hereto with respect to any of the provisions of this Agreement shall will impair or constitute a waiver of any such right or powerpower or be construed to be waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement shall agreements hereof to be performed by the other party hereto will not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.

Appears in 1 contract

Sources: Transition Agreement (SolarWinds Corp)

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of provided under‌ the provisions of this Agreement or any Job Order shall impair any such right or constitute power or be construed to be a waiver of any such the right or power. A written waiver granted by either party of the parties of any covenant or condition provision of this Agreement shall not be construed as a future waiver of that provision or a waiver of any subsequent breach of that or of any other covenant or condition provision of the Agreement.

Appears in 1 contract

Sources: Owner Contractor Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of or performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.

Appears in 1 contract

Sources: Leasing Agreement (Cornerstone Properties Inc)

Waivers. No delay or omission by either any party in exercising hereto to exercise any right or power arising from non-compliance accruing upon any noncompliance or failure of performance default by the other any party with respect to any of the provisions terms of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof, except as otherwise may be herein provided. A waiver by either party of or any covenant covenant, condition or condition of this Agreement agreement to be performed by the other party must be in writing and shall not be construed as to be a waiver of any subsequent succeeding breach of that thereof or of any other covenant covenant, condition, or condition of the Agreementagreement herein contained.

Appears in 1 contract

Sources: Service Agreement (Evercom Inc)

Waivers. No delay or omission by either party in exercising hereto to exercise any right or power arising from non-compliance occurring upon any noncompliance or failure of performance default by the other party with respect to any of the provisions terms of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions, or condition of this Agreement agreements to be performed by the other shall not be construed as to be a waiver of any subsequent succeeding breach of that thereof or of any other covenant covenant, condition, or condition of the Agreementagreement herein contained.

Appears in 1 contract

Sources: License & Development Agreement (Max Internet Communications Inc)

Waivers. No delay The Parties acknowledge that any delay, waiver or omission by either party in exercising Party to exercise any right or power arising from non-compliance any breach or failure of performance default by the other party Party with respect to any of the terms, provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition covenants of this Agreement shall not be construed as to be a waiver by the non-defaulting Party of any subsequent breach or default of that the same or other terms, provisions or covenants. No waiver of any other covenant right or condition of power by either Party under this Agreement shall be deemed effective unless in writing, signed by the Agreementwaiving Party.

Appears in 1 contract

Sources: Transition Services Agreement (Total Gas & Electricity (PA) Inc)

Waivers. No delay or omission by either party in exercising hereto to exercise any right or power arising from non-compliance accruing upon any noncompliance or failure of performance default by the other party with respect to any of the provisions terms of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed as a waiver thereof, except as otherwise herein provided. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other shall not be construed as to be a waiver of any subsequent succeeding breach of that thereof or of any other covenant covenant, condition, or condition of the Agreementagreement herein contained.

Appears in 1 contract

Sources: Intergovernmental Development Agreement

Waivers. No delay or omission by either party in exercising any Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.

Appears in 1 contract

Sources: Market Agreement (xG TECHNOLOGY, INC.)

Waivers. No delay or omission by either party of the parties in exercising any right or power arising from accruing among the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or to be construed to be a waiver thereof. A waiver by either party each of the parties of any covenant of the covenants, conditions, or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition, or condition of the Agreementagreement herein contained.

Appears in 1 contract

Sources: Memorandum of Understanding

Waivers. No delay or omission by either party hereto in exercising any right or power arising from non-accruing upon the compliance or failure of performance by the other party with any of hereto under the provisions of this Agreement Lease shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereto. A waiver by either party hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as a waiver of any subsequent succeeding breach of that the same or of any other covenant or condition of the Agreement.covenants, agreements, restrictions and conditions hereof

Appears in 1 contract

Sources: Lease Agreement (Avax Technologies Inc)

Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent subsisfing breach of that or of any other covenant or condition of covenant. All waivers must be in wrifing and signed by the AgreementPartywaiving its rights.

Appears in 1 contract

Sources: Merchant Services Agreement

Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract.

Appears in 1 contract

Sources: Construction Manager at Risk Contract

Waivers. No delay or omission by either party Party in exercising the exercise of any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the AgreementParty waiving its rights.

Appears in 1 contract

Sources: License Agreement (Carson Inc)

Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of the Agreementcovenant. The Party waiving its rights must sign all waivers.

Appears in 1 contract

Sources: Exclusive Distribution Agreement (Green Earth Technologies Inc)

Waivers. No delay or omission by either party in exercising Party to exercise any ------- right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the AgreementParty waiving its rights.

Appears in 1 contract

Sources: Termination Agreement (Unisource Worldwide Inc)

Waivers. No delay or omission by either party in exercising to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of the Agreementcovenant. All waivers must be in writing and signed by both parties.

Appears in 1 contract

Sources: International Distributor Agreement (Audience Inc)

Waivers. No delay or omission by either party in exercising any right or power arising from non-non compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.

Appears in 1 contract

Sources: Standard Agreement

Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by it has under the other party with any of the provisions of this Agreement shall will impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall will not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition covenant. All waivers must be signed by a duly Authorized Representative of the AgreementParty waiving its rights.

Appears in 1 contract

Sources: Master Services Agreement (Juniper Networks Inc)

Waivers. No delay or omission by either party in exercising to exercise any right or ------- power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the Agreementparty waiving its rights.

Appears in 1 contract

Sources: Stock Purchase Agreement (Sun International Hotels LTD)

Waivers. No delay waiver by any party, whether express or omission by either party in exercising implied, of its rights under any right or power arising from non-compliance or failure of performance by the other party with any of the provisions provision of this Agreement shall impair or constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such right or power. A waiver by either party of Party’s rights under any covenant or condition other provision of this Agreement Agreement. The failure or delay of a party to claim the performance of an obligation of another party shall not be construed as deemed a waiver of any subsequent breach the performance of that such obligation or of any other covenant or condition future obligations of the Agreementa similar nature.

Appears in 1 contract

Sources: Joint Venture Agreement (Nukkleus Inc.)

Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance accruing upon the noncompliance or failure of or performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.

Appears in 1 contract

Sources: Management Agreement (Cornerstone Properties Inc)

Waivers. No delay or omission by either party hereto in exercising any right or power arising from non-compliance accruing upon the noncompliance or failure of performance by the other party with any of hereto under the provisions of this Agreement Lease shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereto to be performed by the other party shall not be construed as a waiver of any subsequent succeeding breach of that the same or of any other covenant or condition of the Agreementcovenants, agreements, restrictions and conditions hereof.

Appears in 1 contract

Sources: Employment Agreement (Piedmont Bancorp Inc)

Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with of any of the provisions provision of this Agreement shall will impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant of the covenants, conditions or condition agreements of this Agreement shall to be performed by the other party will not be construed as to be a waiver of any subsequent breach of that this Agreement or of any other covenant covenant, condition or condition of the agreement contained in this Agreement.

Appears in 1 contract

Sources: Greek Chapter House License Agreement

Waivers. No failure or delay or omission by either any party in exercising any right or power arising from non-compliance or failure of performance by its rights under the other party with any of the provisions of this Agreement shall impair or constitute will be deemed to be a waiver of any such right that right, or power. A otherwise prejudice, affect or restrict the rights or remedies of that party in relation to the other party, and no waiver by either any party of a breach of any covenant or condition provision of this the Agreement shall not will be construed as deemed to be a waiver of any subsequent breach of that the same or of any other covenant or condition provision of the Agreement.

Appears in 1 contract

Sources: Professional Services Agreement