No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 886 contracts
Samples: Employment Agreement (Atossa Therapeutics, Inc.), Employment Agreement (Getty Images Holdings, Inc.), Employment Agreement (Getty Images Holdings, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 295 contracts
Samples: Employment Agreement (Nasdaq, Inc.), Employment Agreement (Aclarion, Inc.), Employment Agreement (Expion360 Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 117 contracts
Samples: Stock Purchase Agreement (Colambda Technologies, Inc.), Agreement for Purchase of Property (Mining Power Group, Inc.), Acquisition Agreement (Clic Technology, Inc.)
No Waiver. The failure of a Failure by either party to insist upon strict adherence to compliance with any term of this Agreement on in any occasion shall one or more instances will not be considered deemed to be a waiver of such party’s its rights or deprive such party of the right thereafter to insist upon such strict adherence compliance with respect to that term or any other term of this Agreementsubsequent failure.
Appears in 65 contracts
Samples: Master Development and Supply Agreement (Indivior PLC), Master Development and Supply Agreement (Indivior PLC), Supply Agreement (Phathom Pharmaceuticals, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.
Appears in 64 contracts
Samples: Employment Agreement (Viridian Therapeutics, Inc.\DE), Employment Agreement (Viridian Therapeutics, Inc.\DE), Employment Agreement (Viridian Therapeutics, Inc.\DE)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 64 contracts
Samples: Restricted Stock Agreement (Unitil Corp), Restricted Stock Agreement (Unitil Corp), Agreement for Restricted Stock (Finward Bancorp)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such partyParty’s rights or deprive such party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 56 contracts
Samples: Termination Protection Agreement (Signet Jewelers LTD), Termination Protection Agreement (Signet Jewelers LTD), Termination Protection Agreement (Signet Jewelers LTD)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.
Appears in 50 contracts
Samples: Employment Agreement (Marker Therapeutics, Inc.), Employment Agreement (Commvault Systems Inc), Employment Agreement (Commvault Systems Inc)
No Waiver. The failure of a party Party hereto to insist upon strict adherence to performance of any term provision of this Agreement on any occasion shall not be considered deemed a waiver of such partyParty’s rights or deprive remedies or a waiver by such party Party of any default by another Party in the performance or compliance of any of the right thereafter to insist upon strict adherence to that term or terms of this Agreement. In addition, the waiver by one Party of any breach of this Agreement by another Party shall not be deemed a waiver of any other term prior or subsequent breach of this Agreement.
Appears in 22 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release, Settlement Agreement and Release
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights wavier or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 18 contracts
Samples: Option Agreement (Cellular Dynamics International, Inc.), Option Agreement (Cellular Dynamics International, Inc.), Option Agreement (Cellular Dynamics International, Inc.)
No Waiver. The failure of a party Failure by either Party to insist upon strict adherence to compliance with any term of this Agreement on in any occasion shall one or more instances will not be considered deemed to be a waiver of such party’s its rights or deprive such party of the right thereafter to insist upon such strict adherence compliance with respect to that term or any other term of this Agreementsubsequent failure.
Appears in 16 contracts
Samples: Supply Agreement (Acelrx Pharmaceuticals Inc), And Manufacturing Agreement (Vir Biotechnology, Inc.), Manufacture and Supply Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term or provision of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of this Agreement.
Appears in 13 contracts
Samples: Limited Liability Company Operating Agreement (AB Commercial Real Estate Private Debt Fund, LLC), Limited Liability Company Operating Agreement (AB Commercial Real Estate Private Debt Fund, LLC), Limited Liability Company Operating Agreement (AB Commercial Real Estate Private Debt Fund, LLC)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Employment Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Employment Agreement.
Appears in 12 contracts
Samples: Employment Agreement (Catalyst Health Solutions, Inc.), Employment Agreement (Catalyst Health Solutions, Inc.), Employment Agreement (Catalyst Health Solutions, Inc.)
No Waiver. The failure of a party to this Agreement to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 11 contracts
Samples: Professional Services Agreement (Universal Hospital Services Inc), Franchise Development Option Agreement (El Pollo Loco Holdings, Inc.), Monitoring and Management Services Agreement (El Pollo Loco Holdings, Inc.)
No Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or nor deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 11 contracts
Samples: Sample Agreement, Sample Agreement, Sample Agreement
No Waiver. The Any failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.
Appears in 10 contracts
Samples: Employment Agreement (Eventures Group Inc), Employment Agreement (Jackpot Enterprises Inc), Employment Agreement (Eventures Group Inc)
No Waiver. The failure of a party any Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party that Party of the right thereafter to insist upon strict adherence to that term such provision or any other term provision of this Agreement. No purported waiver shall be effective as against any Party unless consented to in writing by such Party. The waiver by any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach.
Appears in 10 contracts
Samples: Share Purchase Agreement (First Majestic Silver Corp), Share Purchase Agreement (Golden Star Resources Ltd.), Shareholders’ Agreement (Flora Growth Corp.)
No Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term such provision or any other term provision of this Agreement. No purported waiver shall be effective as against any party unless consented to in writing by such party. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach.
Appears in 10 contracts
Samples: Management Services Agreement (Nava Health Md, LLC), Management Services Agreement (99 Acquisition Group Inc.), Shareholders’ Agreement (Advanced Human Imaging LTD)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement Agreement, or any term of any agreement with any other employee, on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 9 contracts
Samples: Change in Control Agreement (Celanese Corp), Change in Control Agreement (Celanese Corp), Change in Control Agreement (Celanese Corp)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 9 contracts
Samples: Acquisition Agreement (Vapor Group, Inc.), Acquisition Agreement (Megas Inc), Acquisition Agreement (Megas Inc)
No Waiver. The failure of a either party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of this Agreement.
Appears in 9 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
No Waiver. The failure of a party to insist upon on strict adherence to any term of this Agreement on any occasion shall will not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon on strict adherence to that term or any other term of this Agreement.
Appears in 8 contracts
Samples: Employment Agreement (RespireRx Pharmaceuticals Inc.), Employment Agreement (RespireRx Pharmaceuticals Inc.), Employment Agreement (Cortex Pharmaceuticals Inc/De/)
No Waiver. The failure of a party to insist upon strict adherence --------- to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 8 contracts
Samples: Employment Agreement (Waypoint Financial Corp), Employment Agreement (Terabeam, Inc.), Employment Agreement (Ydi Wireless Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.upon
Appears in 7 contracts
Samples: Nonqualified Stock Option Agreement (Finward Bancorp), Nonqualified Stock Option Agreement (Northwest Indiana Bancorp), Incentive Stock Option Agreement (River Valley Bancorp)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement.
Appears in 7 contracts
Samples: Letter Agreement (Orbitz Worldwide, Inc.), Letter Agreement (Orbitz Worldwide, Inc.), Letter Agreement (Orbitz Worldwide, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this the Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this the Agreement.
Appears in 7 contracts
Samples: Off Shore Employment Agreement (China Linen Textile Industry, LTD), Employment Agreement (Nasdaq Stock Market Inc), Employment Agreement (American Skiing Co /Me)
No Waiver. The failure of a either party to insist upon on strict adherence --------- compliance with any of the terms of this Agreement in any instance or instances will not be deemed to be a waiver of any term of this Agreement on any occasion shall not be considered a waiver or of such that party’s rights or deprive such party 's right to require strict compliance with the terms of the right thereafter to insist upon strict adherence to that term or this Agreement in any other term of this Agreementinstance.
Appears in 7 contracts
Samples: Employment Agreement (Healthcentral Com), Noncompetition Agreement (Inventa Technologies Inc), Employment Agreement (Healthcentral Com)
No Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 7 contracts
Samples: Agreement and Plan of Exchange (Genomed Inc), Agreement and Plan of Exchange (Diversified Resources Group Inc), Agreement and Plan of Exchange (Dnaprint Genomics Inc)
No Waiver. The failure of a party to insist upon strict --------- adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement (Cbre Holding Inc), Employment Agreement (Cbre Holding Inc), Employment Agreement (Cbre Holding Inc)
No Waiver. The failure of a party any one of the Parties to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such party the Parties of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 7 contracts
Samples: Standstill Agreement (Strategic Value Investors LP), Standstill Agreement (BankFinancial CORP), Standstill Agreement (BankFinancial CORP)
No Waiver. The failure of a party Failure by either Party to insist upon strict adherence to compliance with any term of this Agreement on in any occasion one or more instances shall not be considered deemed to be a waiver of such party’s its rights or deprive such party of the right thereafter to insist upon such strict adherence compliance with respect to that term or any other term of this Agreementsubsequent failure.
Appears in 7 contracts
Samples: Exclusive Distribution Agreement (Big Rock Partners Acquisition Corp.), Exclusive Distribution Agreement (Arcutis Biotherapeutics, Inc.), Distribution Agreement (Longview Acquisition Corp.)
No Waiver. The failure of a party to insist upon strict adherence --------- to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.
Appears in 6 contracts
Samples: Employment Agreement (Wilshire Financial Services Group Inc), Employment Agreement (Wilshire Financial Services Group Inc), Employment Agreement (Wilshire Financial Services Group Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of this Agreement to be effective must be in writing specifically referencing the provision being waived and signed by the party against whom the waiver is being enforced.
Appears in 6 contracts
Samples: Employment Agreement (Reis, Inc.), Employment Agreement (Reis, Inc.), Employment Agreement (Reis, Inc.)
No Waiver. The failure of a party to the Agreement to insist upon strict adherence to any term of this the terms of the Agreement on any occasion shall will not be considered a waiver of such party’s rights or waiver, nor shall it deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this the Agreement. Any waiver must be in writing.
Appears in 6 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall will not be considered a waiver of such party’s rights thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 6 contracts
Samples: Separation and Mutual Release Agreement (Gulfmark Offshore Inc), Separation and General Release Agreement (Harte Hanks Inc), Separation and General Release Agreement (Harte Hanks Inc)
No Waiver. The failure of a any party hereto to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of this Agreement to be effective must be in writing specifically referencing the provision being waived and signed by the party against whom the waiver is being enforced.
Appears in 6 contracts
Samples: Employment Agreement (Reis, Inc.), Employment Agreement (Reis, Inc.), Employment Agreement (Reis, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. Any of the covenants or agreements contained in this Agreement may be waived only by the written consent of the Investor.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Newkirk Realty Trust, Inc.), Securities Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Note Purchase Agreement (Hawaiian Holdings Inc)
No Waiver. The A party's failure of a party to insist upon strict adherence to enforce any term provision of this Agreement on any occasion shall not be considered a operate as that party's waiver of such party’s rights the particular provision or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementAgreement as a whole.
Appears in 6 contracts
Samples: Reciprocal Nondisclosure Agreement, Reciprocal Nondisclosure Agreement, Reciprocal Nondisclosure Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term or provision of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of this Agreement.
Appears in 6 contracts
Samples: Share Purchase Agreement (Playtika Holding Corp.), Stock Purchase Agreement (MTBC, Inc.), Agreement and Plan of Merger (Surgery Partners, Inc.)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such partyParty’s rights or deprive such party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by Executive or an authorized officer of the Company, as the case may be.
Appears in 5 contracts
Samples: Employment Agreement (Viridian Therapeutics, Inc.\DE), Employment Agreement (Viridian Therapeutics, Inc.\DE), Employment Agreement
No Waiver. The failure of a party to insist upon on strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon on strict adherence to that term or any other term of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Doma Holdings, Inc.), Employment Agreement (Doma Holdings, Inc.), Employment Agreement (Capitol Investment Corp. V)
No Waiver. The Any failure of a by either party on any occasion to insist upon strict enforce or require adherence to any term or condition of this Agreement on any occasion shall not be considered constitute a waiver of any such party’s rights term or deprive such condition, and shall not prevent that party of from insisting on the right thereafter to insist upon strict adherence to that and performance of such term or condition on any other term of this Agreementor future occasion.
Appears in 5 contracts
Samples: Employment Agreement (Skechers Usa Inc), Employment Agreement (Skechers Usa Inc), Waiver and Release Agreement (Skechers Usa Inc)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s Party's rights or deprive such party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Energy Future Holdings Corp /TX/), Employment Agreement (Energy Future Holdings Corp /TX/), Employment Agreement (Energy Future Holdings Corp /TX/)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement Addendum on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementAddendum.
Appears in 4 contracts
Samples: Executive Employment Agreement (Citizens Financial Group Inc/Ri), Executive Employment Agreement (Citizens Financial Group Inc/Ri), Executive Employment Agreement (Citizens Financial Group Inc/Ri)
No Waiver. The failure of a party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Sunwin International Neutraceuticals, Inc.), Registration Rights Agreement (Ciao Cucina Corp), Note Purchase Agreement (Waller Sutton Media Partners Lp)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion agreement shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that at some later juncture; any waivers of any term or any other term of this Agreementmust be made in writing.
Appears in 4 contracts
Samples: Marketing Agreement, Marketing Agreement, Joint Agreement
No Waiver. The failure of a Failure by either party to insist upon strict adherence to compliance with any term of this Agreement on in any occasion shall one or more instances will not be considered deemed a waiver of such party’s its rights or deprive such party of the right thereafter to insist upon such strict adherence compliance with respect to that term or any other term of this Agreementsubsequent failure.
Appears in 4 contracts
Samples: Supply Agreement (Avadel Pharmaceuticals PLC), Supply Agreement (Supernus Pharmaceuticals, Inc.), Zydis® Commercial Supply Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Escrow Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Escrow Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Stock Purchase Agreement (2 Infinity Inc), Employment Agreement (Exfo Electro Optical Engineering Inc), Escrow Agreement (American Cable Tv Investors 5 LTD)
No Waiver. The failure of a party to insist upon strict --------- adherence to any term of this the Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this the Agreement.
Appears in 4 contracts
Samples: Employment Agreement (United Road Services Inc), Employment Agreement (United Road Services Inc), Employment Agreement (United Road Services Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall will not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by you or an authorized officer of the Company, as the case may be.
Appears in 4 contracts
Samples: Employment Agreement (Booking Holdings Inc.), Employment Agreement (Priceline Group Inc.), Employment Agreement (Booking Holdings Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.. (d)
Appears in 4 contracts
Samples: Employment Agreement (NAAC Holdco, Inc.), Employment Agreement, Employment Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.
Appears in 4 contracts
Samples: Employment Agreement (RBS Global Inc), Employment Agreement (Axs One Inc), Employment Agreement (Arkados Group, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. No purported waiver shall be effective unless in writing. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach.
Appears in 3 contracts
Samples: Management Stockholders Agreement (Commercial Vehicle Group, Inc.), Management Stockholders Agreement (Allotech International Inc), Management Stockholders Agreement (Commercial Vehicle Group, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Purchase Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Purchase Agreement. Any waiver of any term of this Purchase Agreement must be in writing.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Relmada Therapeutics, Inc.), Warrant Purchase Agreement (Inovio Biomedical Corp), Note Purchase Agreement (Inovio Biomedical Corp)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall will not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 3 contracts
Samples: Services Agreement (Crailar Technologies Inc), Services Agreement (Crailar Technologies Inc), Services Agreement (Crailar Technologies Inc)
No Waiver. The failure of a party to insist upon strict adherence to --------- any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Terabeam, Inc.), Employment Agreement (Terabeam, Inc.), Employment Agreement (Clark Refining & Marketing Inc)
No Waiver. The failure of a either party to insist upon on strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. For any waiver of a provision of this Agreement to be effective, it must be in writing and signed by the party against whom the waiver is claimed.
Appears in 3 contracts
Samples: Separation Agreement (Jones Group Inc), Transition Agreement (Jones Group Inc), Separation Agreement (Jones Apparel Group Inc)
No Waiver. The Either party’s failure of a party to insist upon require strict adherence to any Agreement term of this Agreement on any occasion shall not be considered a waiver of waive such party’s rights or deprive such party of the right thereafter to insist upon require strict adherence to that term or any other term of this Agreement.
Appears in 3 contracts
Samples: Executive Employment Agreement (Med One Oak, Inc.), Executive Employment Agreement (Bidgive International Inc), Executive Employment Agreement (Bidgive International Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 3 contracts
Samples: Capital Stock Purchase Agreement (Conus Holdings Inc), Capital Stock Purchase Agreement (1stopsale Com Holdings Inc), Consulting Agreement (Sitestar Corp)
No Waiver. The failure of a either party to insist upon on strict adherence to compliance with any term of the terms, covenants, or conditions of this Agreement on any occasion shall not be considered deemed a waiver of such party’s rights that term, covenant, or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementcondition.
Appears in 3 contracts
Samples: Agreement, Agreement, Mutual Nondisclosure Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement.
Appears in 3 contracts
Samples: Consulting Agreement (Xytronyx Inc), Agreement (Genta Incorporated /De/), Agreement (Genta Incorporated /De/)
No Waiver. The failure of a party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 3 contracts
Samples: Transfer Agreement (Radiation Therapy Services Inc), Transfer Agreement (Radiation Therapy Services Inc), Transfer Agreement (Radiation Therapy Services Inc)
No Waiver. The failure Failure of a party any Party to insist upon strict adherence to observance of or compliance with any term of this Agreement on any occasion in one or more instances shall not be considered deemed to be a waiver of such partythe Party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term such observances or any compliance with the other term of this Agreementterms hereof, or in the future.
Appears in 3 contracts
Samples: LLC Membership Purchase and Sale Agreement, LLC Membership Purchase and Sale Agreement, LLC Membership Purchase and Sale Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. A waiver or consent shall only be effective if in writing and signed by the party against whom the waiver or consent is to be enforced.
Appears in 3 contracts
Samples: Employment Agreement (Volume Services America Holdings Inc), Employment Agreement (Volume Services America Inc), Employment Agreement (Volume Services America Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementAgreement Any waiver must be in writing.
Appears in 3 contracts
Samples: Subscription Agreement (60 Degrees Pharmaceuticals, Inc.), Subscription Agreement (60 Degrees Pharmaceuticals, Inc.), Subscription Agreement (60 Degrees Pharmaceuticals, Inc.)
No Waiver. The failure of a any party to insist upon strict adherence to any term terms of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right to insist later on strict adherence thereto, or thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by an authorized representative of the relevant party in order to be effective.
Appears in 3 contracts
Samples: Employee Leasing and Overhead Allocation Agreement (Jaguar Animal Health, Inc.), Employee Leasing and Overhead Allocation Agreement (Jaguar Animal Health, Inc.), Employee Leasing and Overhead Allocation Agreement (Jaguar Animal Health, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. 14.4.
Appears in 3 contracts
Samples: Plan of Exchange Agreement (Infotopia Inc), Share Exchange Agreement (Exotics Com Inc), Share Exchange Agreement (Gulftex Energy Corp)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.. (d)
Appears in 3 contracts
Samples: Employment Agreement (R H Donnelley Corp), Employment Agreement (Donnelley R H Inc), Consulting Agreement (PSF Holdings LLC)
No Waiver. The failure of a party to insist upon strict adherence to any term or provision of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of this Agreement.Agreement.
Appears in 3 contracts
Samples: Limited Partnership Agreement, Partnership Agreement, Limited Partnership Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. Any of the covenants or agreements contained in this Agreement may be waived only by the written consent of the Initial Purchaser and the Investor Representative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Phillips Van Heusen Corp /De/), Securities Purchase Agreement (Phillips Van Heusen Corp /De/)
No Waiver. The failure of a party any Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party that Party of the right thereafter to insist upon strict adherence to that term such provision or any other term provision of this Agreement. No purported waiver shall be effective as against any Party unless consented to in writing by such Party. The waiver by any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach.
Appears in 2 contracts
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement Agreement, or any term of any agreement with any other employee, on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 2 contracts
Samples: Change in Control Agreement (Celanese Corp), Change in Control Agreement (Celanese Corp)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party that Party of the right to insist later on adherence thereto, or thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in a writing signed by an authorized representative of the Party granting such waiver to be effective.
Appears in 2 contracts
Samples: Joint Development Agreement (Nexx Systems Inc), Joint Development Agreement (Nexx Systems Inc)
No Waiver. The failure of a party any of the Parties to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement (JPX Global Inc.), Settlement Agreement and Mutual General Release (Textmunication Holdings, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any such waiver must be in writing and signed by the Executive or an authorized officer of the Company, as the case may be.
Appears in 2 contracts
Samples: Employment Agreement (Strategic Industries Inc /Nj/), Employment Agreement (Cdknet Com Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 2 contracts
Samples: Employment Separation Agreement and Release (El Paso Electric Co /Tx/), Employment Separation Agreement and Release (El Paso Electric Co /Tx/)
No Waiver. The failure of a party any one of the Parties to insist upon strict adherence to any term of this Agreement Amendment on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such party the Parties of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementAmendment.
Appears in 2 contracts
Samples: Standstill Agreement (BankFinancial CORP), Standstill Agreement (PL Capital, LLC)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. Any of the covenants or agreements contained in this Agreement may be waived only by the written consent of the party entitled to the benefit of such provision.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Sellers Capital LLC), Convertible Note Purchase Agreement (Premier Exhibitions, Inc.)
No Waiver. The failure Failure of a any party to insist upon strict adherence to --------- observance of or compliance with any term of this Agreement on any occasion in one or more instances shall not be considered deemed to be a waiver of such party’s its rights or deprive such party of the right thereafter to insist upon strict adherence to that term such observance or any compliance with the other term of this Agreementterms hereof, or in the future.
Appears in 2 contracts
Samples: Common Stock and Warrants Purchase Agreement (Source Media Inc), Contribution Agreement (Source Media Inc)
No Waiver. The failure Failure of a any party to insist upon strict adherence to observance of or compliance with any term of this Agreement on any occasion in one or more instances shall not be considered deemed to be a waiver of such the party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term such observances or any compliance with the other term of this Agreementterms hereof, or in the future.
Appears in 2 contracts
Samples: LLC Membership Purchase and Sale Agreement, LLC Membership Purchase and Sale Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.. (d)
Appears in 2 contracts
Samples: Separation and Consulting Agreement, Separation and Consulting Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement Amended Letter on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementAmended Letter.
Appears in 2 contracts
Samples: Letter Agreement (Premcor Refining Group Inc), Letter Agreement (Premcor Refining Group Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 2 contracts
Samples: Education Program Agreement, Education Program Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights on any other occasion or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 2 contracts
Samples: Executive Employment Agreement (Aria International Holdings, Inc.), Executive Employment Agreement (Aria International Holdings, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to --------- any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 2 contracts
Samples: Transfer Agreement (Rotech Healthcare Inc), 7 Stock Purchase Agreement (Orapharma Inc)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Settlement Agreement on any occasion shall not be considered a waiver of such partyParty’s rights or deprive such party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Settlement Agreement.
Appears in 2 contracts
Samples: Settlement Agreement (Westar Energy Inc /Ks), Credit Agreement (Protection One Alarm Monitoring Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. Any of the covenants or agreements contained in this Agreement may be waived only by the written consent of First Union.
Appears in 2 contracts
Samples: Acquisition Agreement (Newkirk Realty Trust, Inc.), Acquisition Agreement (First Union Real Estate Equity & Mortgage Investments)
No Waiver. The failure of a party to insist upon strict adherence to any term item of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter hereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 2 contracts
Samples: Distribution Agreement (Zim Corp), Distribution Agreement (Zim Corp)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or nor deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver or amendment to this Agreement must be in writing.
Appears in 2 contracts
Samples: Employment Agreement (Occidental Petroleum Corp /De/), Employment Agreement (Occidental Petroleum Corp /De/)
No Waiver. The failure of a party to insist on any occasion upon strict adherence to any term of this Agreement on any occasion shall not be considered to be a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 2 contracts
Samples: Employment Agreement (Alliance Technologies Inc), Employment Agreement (Alliance Technologies Inc)
No Waiver. The failure of a party Party to insist upon strict adherence to enforce any term provision of this Agreement on any occasion shall will not be considered constitute a waiver of such party’s rights that provision or deprive such party a Party of the right thereafter to subsequently insist upon strict adherence to that term provision, or any other term of this Agreementprovision contained herein.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.. (f)
Appears in 2 contracts
Samples: Employment Agreement (APX Group Holdings, Inc.), Employment Agreement (APX Group Holdings, Inc.)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement Letter on any occasion shall not be considered a waiver of such party’s 's rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementLetter.
Appears in 2 contracts
Samples: Subscription Agreement (Premcor Refining Group Inc), Subscription Agreement (Premcor Refining Group Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered considere3d a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 2 contracts
Samples: Acquisition Agreement (National Boston Medical Inc), Acquisition Agreement (National Boston Medical Inc)
No Waiver. The failure of a party Party to insist upon strict adherence to any a term of this Agreement on any occasion shall not be considered a waiver of such partyParty’s rights or deprive such party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 2 contracts
Samples: Executive Retention Agreement (Chembio Diagnostics, Inc.), Executive Retention Agreement (Chembio Diagnostics, Inc.)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s Party's rights or deprive such party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Employee Agreement.
Appears in 2 contracts
Samples: Employment and Nondisclosure Agreement (NBG Radio Network Inc), Employment and Nondisclosure Agreement (NBG Radio Network Inc)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.. Any waiver must be in writing. 12.4
Appears in 2 contracts
Samples: Stock Exchange Agreement (Berten Usa Holdings Inc), Acquisition Agreement (Wolfstone Corp)
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. 14.
Appears in 2 contracts
Samples: Restricted Stock Award Agreement (Cpi Corp), Stock Award and Restriction Agreement (Cpi Corp)
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such partyParty’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Appears in 1 contract
No Waiver. The failure of a party Party to insist upon strict adherence to any term of this Settlement Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party that deprives that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Settlement Agreement. Any waiver must be in writing and specifically state the terms of this Settlement Agreement subject to such waiver.
Appears in 1 contract
Samples: Warrant Agreement (Semiconductor Manufacturing International Corp)
