Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.
Breach Waiver. 13.1 The following is a non-exclusive list of conditions that constitute a breach of this Agreement by Contractor:
Breach Waiver. The failure of either the Contractor or the City to insist upon performance of any provisions of the contract shall not be deemed to be a waiver of the right to insist upon strict performance of such provision or of any other provision of the contract at any time. Waiver of any breach of the contract by the Contractor or the City shall not constitute a waiver of a subsequent breach.
Breach Waiver. Any waiver by MSCFU of a breach of any section of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.
Breach Waiver. No party shall be considered in breach of any material provision of this Agreement unless the party claiming that a breach has occurred shall have given the first party written notice of the purported breach and such purported breach shall remain uncured at the end of the 20th business day following the date on which such notice is received. The waiver of a breach of any term of provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.
Breach Waiver. Any waiver by the Client of a breach of any section of this Agreement by the Videographer shall not operate or be construed as a waiver of any subsequent breach by the Videographer. XXVI. Additional Terms and Conditions. _ .
Breach Waiver. No waiver of any breach of any warranty, representation, covenant or other term or provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other warranty, representation, covenant, term or provision.
Breach Waiver. Lender hereby agrees that any actions constituting Events of Default under the Loan Agreement committed by Borrowers and currently known to Lender (including but not limited to (x) the failure of Borrower to make the cash interest payment required under Section 2.3(d) of the Loan Agreement for the fiscal quarter ended June 30, 2018 in a timely manner, (y) any other actions expressly described in letter(s) from Lender to Borrower and alleged to be Events of Default, and (z) those other actions expressly described in letters from Parent to the Special Committee and the Company and alleged to be breaches of the Merger Agreement (to the extent such breaches of the Merger Agreement constitute Events of Default under the Loan Agreement)) (collectively, the “Existing Defaults”) are hereby waived by Lender, and Lender agrees not to enforce any of its rights or remedies under the Loan Agreement or at law or equity on the basis of any such Existing Default. Notwithstanding the foregoing, the waivers provided in this Section 3 are conditioned upon the Borrower’s performance of its obligations under Section 5 of the amendment to the Merger Agreement executed substantially concurrently herewith. If the Borrower breaches any of its obligations under such Section 5, each waiver granted in this Section 3 shall be null and void and without effect ab initio, and Lender shall be permitted to enforce any right which they may have with respect to any alleged breach described in this Section 3.
Breach Waiver. Without limiting the generality of anything herein, Employee acknowledges and agrees that any material breach of this Agreement, unless such breach constitutes a legal action by Employee challenging or seeking a determination in good faith of the validity of the waiver herein under the ADEA, shall entitle the Company immediately to recover and/or cease providing any Severance Benefits otherwise payable to Employee under this Agreement and to obtain damages, except as provided by law, and any outstanding obligations of the Company hereunder shall immediately terminate, and the Company’s covenants hereunder shall be deemed null and void in their entirety. The failure to enforce any provision of this Agreement shall not be construed to be a waiver of such provision or to affect the validity of this Agreement or the right of any Party to enforce this Agreement. 8.
Breach Waiver. If Grantee fails to comply with any term or provision of this Agreement or the Plan, Grantee shall not be entitled to the Award, as Company may determine in its sole discretion. Any term or provision of this Agreement may only be waived by a System Company. Any such waiver shall be validly and sufficiently given for the purposes of this Agreement if it is in writing signed by an authorized Company officer. The failure of any System Company to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of any System Company thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.
