NO WAIVER. If we or you delay or fail to enforce any term of a Booking or these Terms on any occasion, that will not affect or limit our or your ability to enforce that term on any other occasion or at any time.
NO WAIVER. A right or remedy herein conferred upon or reserved to either of the parties hereto is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter legally existing upon the occurrence of an Event of Default hereunder. The failure of either party hereto to insist at any time upon the strict observance or performance of any of the provisions of this Agreement or to exercise any right or remedy as provided in this Agreement shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. Every right and remedy given by this Agreement to the parties hereof may be exercised from time to time and as often as may be deemed expedient by the parties thereto, as the case may be.
NO WAIVER. The failure of any party to enforce at any time any of the provisions hereof shall not be a waiver of that party's rights thereafter to enforce any such provision or to enforce any other provision of this agreement.
Examples of NO WAIVER in a sentence
Yes, Vendor agrees (Yes) No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable.
No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont.
Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable.
Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont.
No Waiver: Nothing contained herein shall have the effect of waiving or shall be deemed to affect a waiver of the Owner’s sovereign immunity under law.
More Definitions of NO WAIVER
NO WAIVER. Neither the failure nor delay of Eddy Solutions to exercise any right or to enforce any term of this Agreement shall be construed as a waiver of such right or term, or of any other right or term hereunder.
NO WAIVER. A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
NO WAIVER. No failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof or the exercise of any right, power or privilege.
NO WAIVER. Any of the provisions of this Agreement may be waived by the party entitled to the benefit thereof. Neither party will be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving party, and then only to the extent specifically set forth in such writing. A waiver with reference to one event will not be construed as continuing or as a bar to or waiver of any other right or remedy, or as to a subsequent event. COUNTERPARTS AND ELECTRONICS SIGNATURE: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. This Agreement may be executed by facsimile or other "electronic signature" (as defined in the Electronic Signatures in Global and National Commerce Act of 2000) in a manner agreed upon by the parties hereto. ENTIRE AGREEMENT; AMENDMENT: This Agreement, including the exhibits attached hereto, contains the entire Agreement between the parties with respect to the subject matter hereof, supersedes all prior agreements, negotiations and oral understandings, if any, and may not be amended, supplemented, or modified in any way, except by an amendment in writing and signed by authorized officers of the parties hereto. No amendment shall be affected by the acknowledgement or acceptance of a purchase order, invoice, or other forms stipulating different terms. This Agreement shall inure to the benefit of and be binding upon each of the parties and their respective successors, assigns, heirs, executors, administrators, trustees and legal representatives. RESERVATION OF RIGHTS: Duties and obligations imposed by this Agreement and rights and remedies available hereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. HEADINGS: Headings used in this Agreement are for the purposes of convenience only and shall not affect the legal interpretation of this Agreement.
NO WAIVER. If Bank fails to exercise any right of Bank under this Agreement and/or has failed to require strict compliance with this Agreement or any part thereof, or has failed to declare a breach of this Agreement, Bank’s prior failures to act are not a waiver of Bank’s rights and/or privileges under this Agreement, and Bank may exercise such right and may insist on strict compliance and full enforcement in the future. LEGAL ACTION RELATING TO BUSINESS/COMMERCIAL ACCOUNTS: In the event any legal action in a court of competent jurisdiction or an arbitration proceeding is commenced in connection with the enforcement of, or any declaration of, a right, duty or obligation under this Agreement, and/or the assertion of any controversy or claim involving in any way, relating to, or arising out of a business or commercial account, whether sounding in contract, tort, or statute, at law or in equity, the prevailing party may be entitled to recover all reasonable and necessary attorney’s fees, paralegal costs (including allocated costs for in-house services), arbitration costs, fees/or expenses, costs of court, expert witness fees and costs, discovery costs, travel expenses, and any and all other necessary costs or expenses incurred in connection with any such action or proceeding, in an amount determined by the trier of fact.
NO WAIVER. The waiver of any breach by any party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement.
NO WAIVER. “Release,” and “Remedies.” If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to member care personnel), the terms of the Agreement will prevail. In the event performance of the Business Xxxx Pay Service provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation, or government policy to which we are subject, and which governs or affects the payments contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation, or policy, and we shall incur no liability to you as a result of such violation or amendment. Dispute Resolution In the event of a dispute regarding the Business Xxxx Pay Service, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement, the other associated documents (the Membership Application and Master Account Agreement, Schedule of Service Fees, and our Bylaws), and other agreements applicable to your Alaska USA accounts are the complete and exclusive statement of the agreement between you and the Credit Union and supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Credit Union relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Credit Union says and the terms of this Agreement, the terms of this Agreement will prevail.