Common use of No Implied Waiver Clause in Contracts

No Implied Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, rule or regulation: (i) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in a writing signed by the other party; (ii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 85 contracts

Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)

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No Implied Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, rule or regulation: , (i) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in a writing signed by the other party; (ii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 14 contracts

Samples: Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds), Sub Advisory Agreement (GuideStone Funds)

No Implied Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither Either party’s failure to insist in any one or more instances upon strict performance by the failure nor any delay by any other party in exercising any right, power or privilege under of the terms of this Agreement or the documents referred to in this Agreement will operate shall not be construed as a waiver of such right, power any continuing or privilege, and no single subsequent failure to perform or partial exercise delay in performance of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilegeterm hereof. To the maximum extent permitted by applicable law, rule or regulation: , (i) no provision of this Agreement and no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the provision, claim or right unless in a writing signed by the other party; parties, (ii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; , and (iii) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 6 contracts

Samples: Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds)

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No Implied Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, rule or regulation,: (i) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in a writing signed by the other party; (ii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 1 contract

Samples: Sub Advisory Agreement (GuideStone Funds)

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