WITHOUT WAIVING Clause Samples
The "WITHOUT WAIVING" clause clarifies that a party's action or inaction regarding a particular right or provision does not mean they are giving up that right in the future. For example, if one party chooses not to enforce a specific term of the contract on one occasion, this clause ensures they can still enforce it later. Its core function is to protect parties from unintentionally losing their contractual rights due to leniency or oversight, thereby maintaining the enforceability of all terms throughout the contract's duration.
WITHOUT WAIVING. ANY RIGHTS GIVEN TO LENDER HEREUNDER, IT IS UNDERSTOOD AND AGREED THAT THE PROVISIONS OF THE SECURITIES INVESTOR PROTECTION ACT OF 1970 MAY NOT PROTECT LENDER WITH RESPECT TO LOANED SECURITIES HEREUNDER AND THAT, THEREFORE, THE COLLATERAL DELIVERED TO LENDER MAY CONSTITUTE THE ONLY SOURCE OF SATISFACTION OF BORROWER'S OBLIGATIONS IN THE EVENT BORROWER FAILS TO RETURN THE LOANED SECURITIES.
WITHOUT WAIVING. ANY RIGHTS GIVEN TO LENDER HEREUNDER, ▇▇▇▇▇▇ UNDERSTANDS AND AGREES THAT THE PROVISIONS OF SIPA MAY NOT PROTECT LENDER WITH RESPECT TO LOANED SECURITIES HEREUNDER ONCE SUCH SECURITIES ARE REMOVED FROM ▇▇▇▇▇▇’S ACCOUNT AND THAT, THEREFORE, THE COLLATERAL CREDITED TO ▇▇▇▇▇▇’S ACCOUNT (OR TO ANOTHER ACCOUNT FOR ▇▇▇▇▇▇’S BENEFIT) MAY CONSTITUTE THE ONLY SOURCE OF SATISFACTION OF ETS’ OBLIGATIONS IN THE EVENT ETS FAILS TO RETURN THE LOANED SECURITIES.
WITHOUT WAIVING. ANY RIGHTS GIVEN TO THE LENDER HEREUNDER, IT IS UNDERSTOOD AND AGREED THAT THE PROVISIONS OF THE SECURITIES INVESTOR PROTECTION ACT OF 1970 WILL NOT PROTECT THE LENDER WITH RESPECT TO THE LOANED SHARES.