Common use of No Waiver Clause in Contracts

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 188 contracts

Samples: Trademark License Agreement (Axxes Private Markets Fund), Trademark License Agreement (Ares Strategic Income Fund), License Agreement (Groundfloor Loans 1, LLC)

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No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such that provision, nor prevent that party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretofrom enforcing that provision of any other provision of this Agreement.

Appears in 58 contracts

Samples: Employment Agreement (RadNet, Inc.), Employment Agreement (RadNet, Inc.), Employment Agreement (RadNet, Inc.)

No Waiver. The failure of either any party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 44 contracts

Samples: Administration Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Trademark License Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Administration Agreement (New Mountain Guardian IV Unlevered BDC, L.L.C.)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 35 contracts

Samples: Sublicense Agreement (Coeptis Therapeutics Holdings, Inc.), License Agreement (Coeptis Therapeutics Holdings, Inc.), Commercialization Agreement (Calliditas Therapeutics AB)

No Waiver. The failure of either party to enforce at any time to enforce any provisions of this Agreement or to exercise any remedy, option, right, power or privilege provided for herein, or to require the performance by the other party of any period of the provisions of or any rights deriving from this Agreement hereof, shall not in no way be construed to be deemed a waiver of such provisions provision at the same or rights at any prior or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretosubsequent time.

Appears in 31 contracts

Samples: Employment Agreement (World Air Holdings, Inc.), Employment Agreement (World Airways Inc /De/), Employment Agreement (World Airways Inc /De/)

No Waiver. The failure of either party hereto to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 27 contracts

Samples: Administration Agreement (OFS Capital Corp), Investment Advisory and Management Agreement (CIM Real Assets & Credit Fund), Investment Advisory and Management Agreement (Destiny Tech100 Inc.)

No Waiver. (a) The failure or delay of either party any Party to enforce at any time for any period of the provisions of this Agreement, or to require at any rights deriving from this Agreement time performance by the other Parties of any provision hereof, shall not neither be construed to be a waiver of such provisions nor affect the validity of this Agreement or rights any part hereof or the right of such party Party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 20 contracts

Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions of of, or any rights deriving from from, this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 20 contracts

Samples: Trademark License Agreement (Diameter Credit Co), Trademark License Agreement (Andalusian Credit Company, LLC), Trademark License Agreement (Diameter Credit Co)

No Waiver. The failure of either party to enforce Party at any time to enforce any provision of this Agreement or to exercise any remedy, option, right, power or privilege provided for herein, or to require the performance by the other party of any period of the provisions of or any rights deriving from this Agreement hereof, shall not in no way be construed to be deemed a waiver of such provisions provision at the same or rights at any prior or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretosubsequent time.

Appears in 20 contracts

Samples: Employment Agreement (TNS Inc), Employment Agreement (Neuro-Hitech, Inc.), Employment Agreement (TNS Inc)

No Waiver. The failure of either party hereto to enforce at any time for any period of the provisions of this Agreement, or the waiver thereof in any rights deriving from this Agreement instance, shall not be construed to be as a waiver or relinquishment of such provisions or rights or the party’s right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed every provision of this Agreement in writing by all parties heretothe future.

Appears in 16 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

No Waiver. The failure of either a party to enforce at any time for provision or exercise any period the provisions of or any rights deriving from right under this Agreement shall not be construed to be constitute a waiver of such provisions provision or rights or the right of and shall not preclude such party thereafter to enforce from enforcing such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision or exercising such right at any later time.

Appears in 14 contracts

Samples: Curii Corporation Master Services Agreement, Master Subscription and Services Agreement, Terms of Service

No Waiver. The failure of either party to enforce its rights under this Agreement at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretorights.

Appears in 13 contracts

Samples: Network Services Agreement, License Agreement, www.dentrixascend.com

No Waiver. The A party’s failure or delay in enforcing any provision of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall will not be construed to be operate as a waiver of such provisions or rights or the right of such party thereafter to enforce such provisionsthat provision or any other provision of this Agreement at any time. A waiver of any provision of this Agreement must be in writing, specify the provision to be waived and no waiver shall be binding unless executed in writing signed by all parties heretothe party agreeing to the waiver.

Appears in 13 contracts

Samples: Enterprise End User License Agreement, Corporate End User License Agreement, McAfee Cloud Services Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such that provision, nor prevent that party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretofrom subsequently enforcing that provision or any other provision of this Agreement.

Appears in 11 contracts

Samples: Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp)

No Waiver. The failure of either party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 10 contracts

Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution and Supply Agreement (Accentia Biopharmaceuticals Inc), Asset Purchase Agreement (Accentia Biopharmaceuticals Inc)

No Waiver. The failure of either party to enforce at any time for or times to enforce or require performance of any period the provisions of or any rights deriving from provision contained in this Agreement shall not be construed to be in no way operate as a waiver of such provisions or rights or affect the right of such party thereafter at a later time to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 9 contracts

Samples: Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement

No Waiver. The failure of either party any Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 8 contracts

Samples: Termination and Release Agreement, Settlement and License Agreement (Galena Biopharma, Inc.), Settlement and License Agreement (Sucampo Pharmaceuticals, Inc.)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisionsprovisions or rights, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 8 contracts

Samples: Administration Agreement (Ares Strategic Income Fund), Administration Agreement (Ares Strategic Income Fund), Agreement (Rand Capital Corp)

No Waiver. The failure of either party to enforce at any time or for any period of time any one or more of the provisions of or any rights deriving from this the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or rights or the of its right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 7 contracts

Samples: Interlocal Agreement, Memorandum of Agreement, Interlocal Agreement

No Waiver. The Any failure of either party to enforce enforce, at any time or for any period of time, any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 7 contracts

Samples: Patent Sublicense Agreement, Patent Sublicense Agreement, Patent Sublicense Agreement

No Waiver. The failure of either party Party to enforce at or insist upon compliance with any time for any period of the provisions terms or conditions of or any rights deriving from this Agreement shall not be construed to be constitute a general waiver or relinquishment of any such provisions terms or rights or conditions, but the right of such party thereafter to enforce such provisions, and no waiver same shall be binding unless executed and remain at all times in writing by all parties heretoduly force and effect.

Appears in 7 contracts

Samples: Project Sponsor Agreement, Participation Agreement, Project Sponsor Agreement

No Waiver. (a) The failure of or delay or either party Party to enforce at any time for any period of the provisions of this Contract, or to require at any rights deriving from this Agreement time performance by the other Party of any provision hereof, shall not neither be construed to be a waiver of such provisions nor affect the validity of this Contract or rights any part hereof or the right of such party Party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 7 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

No Waiver. The failure of by either party to enforce at any time for to enforce any period of the provisions terms or conditions of or any rights deriving from this Agreement shall not constitute or be construed to be as a waiver of such provisions or rights or the terms and conditions. Each party expressly reserves the right of such party thereafter to enforce such provisions, the terms and no waiver shall be binding unless executed in writing by all parties heretoconditions of this Agreement at any time.

Appears in 6 contracts

Samples: Technology Transfer and License Agreement (Sonosight Inc), Technology Transfer and License Agreement (Sonosight Inc), Oem Supply Agreement (Sonosight Inc)

No Waiver. The failure of either party to enforce at any time for term in any period one or more instance will not be construed as a waiver or otherwise affect any future right to insist upon strict performance of the provisions term. No waiver of or any rights deriving from term of this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding effective unless executed made in writing and signed by all parties heretopersonnel authorized to bind the party against whom enforcement is sought.

Appears in 6 contracts

Samples: Business Licensing Services Agreement, Business Licensing Services Agreement, Business Licensing Services Agreement

No Waiver. The failure of either party Party to enforce at any time time, or for any period of time, the provisions of or any rights deriving from this Agreement shall not be construed interpreted to be a waiver of such provisions or rights or of the right of such party thereafter Party to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 5 contracts

Samples: Master Software License and Services Agreement, Master Software License and Services Agreement, End User License Agreement

No Waiver. The failure of either party to assert or enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be constitute a waiver of such provisions or rights provision or the right of such either party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision at any future time.

Appears in 5 contracts

Samples: Standard Terms And, Standard Terms And, Standard Terms And

No Waiver. The failure of either party to enforce at any time or for any period the provisions of or time any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 5 contracts

Samples: www.partyplaceandevents.com, Authorized Dealer Agreement, Master Agreement (Fountain Powerboat Industries Inc)

No Waiver. The failure of either party Party to enforce at any time or for any period of time the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party Party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 5 contracts

Samples: Ibc Practitioner Agreement, Ibc Practitioner Agreement, Ibc Practitioner Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be as a waiver or limitation of such provisions or rights or the that party’s right of such party thereafter subsequently to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretocompel strict compliance with every provision of this Agreement.

Appears in 5 contracts

Samples: Executive Employment Agreement (Kingold Jewelry, Inc.), Employment Agreement (Kingold Jewelry, Inc.), Executive Employment Agreement (Kingold Jewelry, Inc.)

No Waiver. The Except as and to the extent expressly provided herein, (a) the failure of either party any Party hereto to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not in no way be construed as a waiver of any of such provisions, or the right of any party thereafter to enforce each and every such provision, and (b) no waiver of any breach of this Agreement shall be held to be a waiver of such provisions any other or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretosubsequent breach.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Ultra Petroleum Corp), Purchase and Sale Agreement (Ultra Petroleum Corp), Purchase and Sale Agreement

No Waiver. The failure of either party to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such that party thereafter to enforce such those provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 5 contracts

Samples: Registration Rights Agreement (Intracel Corp), Distribution Agreement (Intracel Corp), Distributorship Agreement (Ivax Diagnostics Inc)

No Waiver. The failure of either party to enforce at any time or for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such that party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision hereof.

Appears in 5 contracts

Samples: International Distribution Agreement (SemiLEDs Corp), Distribution Agreement (Micro Therapeutics Inc), Exclusive Distribution Agreement (Micro Therapeutics Inc)

No Waiver. The failure of either party to enforce at any time for any period of the provisions of this Agreement, or the failure to require at any rights deriving from time performance by the other party of any of the provisions of this Agreement Agreement, shall not in no way be construed to be a present or future waiver of such provisions or rights or provisions, nor in any way affect the right validity of such either party thereafter to enforce each and every such provisionsprovision thereafter. The express waiver by either party of any provision, and no condition, or requirement of this Agreement shall not constitute a waiver shall be binding unless executed in writing by all parties heretoof any future obligation to comply with such provision, condition, or requirement.

Appears in 4 contracts

Samples: Escrow Agreement (Paradyne Networks Inc), Escrow Agreement (Paradyne Networks Inc), Escrow Agreement (Paradyne Networks Inc)

No Waiver. The failure of by either party to enforce Party at any time for to enforce any period of the terms, provisions or conditions of or any rights deriving from this Agreement or to exercise any right hereunder shall not constitute or be construed to be constitute a waiver of such provisions the same or affect that Party's rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoor exercise the same.

Appears in 4 contracts

Samples: Commercial Supply Agreement (Acadia Pharmaceuticals Inc), Master Services Agreement (Acadia Pharmaceuticals Inc), Contract Manufacturing Agreement (Jazz Pharmaceuticals PLC)

No Waiver. The failure of either party to enforce by any Party, at any time time, or for any period of time, to enforce any of the provisions of or any rights deriving from this Agreement Agreement, shall not be construed to be as a waiver of such provisions or as a waiver of any Party’s rights or the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 4 contracts

Samples: License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc)

No Waiver. The failure of by either party to enforce Party, at any time time, or for any period of time, to enforce any of the provisions of or any rights deriving from this Agreement Agreement, shall not be construed to be as a waiver of such provisions or as a waiver of either Party’s rights or the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 4 contracts

Samples: License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc)

No Waiver. The Except as and to the extent expressly provided herein, (a) the failure of either party any Party hereto to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not in no way be construed as a waiver of any of such provisions, or the right of any Party thereafter to enforce each and every such provision, and (b) no waiver of any breach of this Agreement shall be held to be a waiver of such provisions any other or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretosubsequent breach.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (Energy XXI LTD)

No Waiver. The failure of either any party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 4 contracts

Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc)

No Waiver. The failure of Failure by either party Party to enforce at any time for any period the provisions of or any rights deriving from under this Agreement shall not be construed to be as a waiver of such provisions rights, nor shall a waiver by either Party in one or rights more instances be construed as constituting a continuing waiver or the right as a waiver of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoother instances.

Appears in 4 contracts

Samples: Software License Agreement (Practice Works Inc), Software License Agreement (Practice Works Inc), Software License Agreement (Practice Works Inc)

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall is not be construed to be as a waiver or limitation of such provisions or rights or the that party's right to subsequently enforce and compel strict compliance with every provision of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothis Agreement.

Appears in 4 contracts

Samples: Executive Employment Agreement (Arkanova Energy Corp.), Executive Employment Agreement (Arkanova Energy Corp.), Executive Employment Agreement (Arkanova Energy Corp.)

No Waiver. The delay or failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 4 contracts

Samples: Investment Agreement (Corautus Genetics Inc), Investment Agreement (Osiris Therapeutics, Inc.), Investment Agreement (Corautus Genetics Inc)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights rights, or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 4 contracts

Samples: License Agreement (Silver Spike Investment Corp.), License Agreement (Silver Spike Investment Corp.), License Agreement (Silver Spike Investment Corp.)

No Waiver. The failure of either party Party to enforce at any time for any period of the provisions of this Agreement, or the failure to require at any rights deriving from time performance by the other Party of any of the provisions of this Agreement Agreement, shall not in no way be construed to be a present or future waiver of such provisions or rights or provisions, nor in any way affect the right validity of such party thereafter either Party to enforce each and every such provisionsprovision thereafter. The express waiver by either Party of any provision, and no condition or requirement of this Agreement shall not constitute a waiver shall be binding unless executed in writing by all parties heretoof any future obligation to comply with such provision, condition or requirement.

Appears in 4 contracts

Samples: Master Product Purchase Agreement (Altair Nanotechnologies Inc), Product Purchase Agreement (Altair Nanotechnologies Inc), License and Supply Agreement (Tripath Technology Inc)

No Waiver. The failure of either party to enforce at any time for any period of the provisions of this Agreement, or the failure to require at any rights deriving from time performance by the other party of any of the provisions of this Agreement Agreement, shall not in no way be construed to be a present or future waiver of such provisions or rights or provisions, nor in any way affect the right validity of such either party thereafter to enforce each and every such provisionsprovision thereafter. The express waiver by either party of any provision, and no condition or requirement of this Agreement shall not constitute a waiver shall be binding unless executed in writing by all parties heretoof any future obligation to comply with such provision, condition or requirement.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, Supply Agreement (Silicon Valley Group Inc)

No Waiver. The failure or delay of either any party to enforce at any time for or any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be constitute a present or future waiver of such provisions or rights or nor the right of such either party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 3 contracts

Samples: Master Encroachment Agreement, Master Encroachment Agreement, Master Encroachment Agreement

No Waiver. The failure of either party to enforce any provision of this Agreement at any time or for any period the provisions of or any rights deriving from this Agreement time shall not be construed to be a waiver of such provisions or rights or the any right of such either party thereafter hereunder nor to enforce such provisions, and no waiver shall be binding unless executed prevent the subsequent enforcement thereof or of any other provision hereof in writing by all parties heretoaccordance with its terms.

Appears in 3 contracts

Samples: Supply Agreement (SteadyMed Ltd.), Supply Agreement (SteadyMed Ltd.), Supply Agreement (SteadyMed Ltd.)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver waver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 3 contracts

Samples: Administration Agreement (ALDA CAPITAL Corp), Sub Administration Agreement (Medley Capital BDC LLC), Form of Administration Agreement (Medley Capital BDC LLC)

No Waiver. The failure of either party to enforce at any time to enforce any --------- provisions of this Agreement or to exercise any remedy, option, right, power or privilege provided for herein, or to require the performance by the other party of any period of the provisions of or any rights deriving from this Agreement hereof, shall not in no way be construed to be deemed a waiver of such provisions provision at the same or rights at any prior or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretosubsequent time.

Appears in 3 contracts

Samples: Employment Agreement (World Airways Inc /De/), Employment Agreement (World Airways Inc /De/), Employment Agreement (World Airways Inc /De/)

No Waiver. The failure of either party Party to enforce at insist upon the strict performance of any time for any period the provisions covenant, agreement, provision, or condition of or any rights deriving from this Agreement shall not be construed to be constitute a waiver thereof. No waiver by either Party of such any of the terms or provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver this Agreement shall be binding enforceable unless executed expressed in writing and signed by all parties heretothe Party against whom enforcement is sought.

Appears in 3 contracts

Samples: Development Management Agreement, Development Management Agreement, Phase 1 Project Development Agreement

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or of the right of such party Party thereafter to enforce each such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 3 contracts

Samples: Distribution Agreement (Neoprobe Corp), Distribution Agreement (Neoprobe Corp), Marketing and Sales Agreement (Theragenics Corp)

No Waiver. The failure of by either party Party to enforce at any time or for any period any one or more of the provisions terms or conditions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions them or rights or of the right of such party thereafter at any time subsequently to enforce such provisions, all terms and no waiver shall be binding unless executed in writing by all parties heretoconditions of this Agreement.

Appears in 3 contracts

Samples: Recruiting Services Agreement, Agreement for Recruiting Services, Recruiting Services Agreement

No Waiver. The failure of either party to enforce at any time for any period of the provisions of or any rights deriving from this Agreement shall not be construed deemed to be a waiver of such provisions or rights or the right of such either party thereafter to enforce any such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 3 contracts

Samples: Oversight Systems Master Agreement, resources.finalsite.net, Generation Services

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoparties.

Appears in 3 contracts

Samples: Trademark License Agreement (OFS Capital Corp), Trademark License Agreement (OFS Credit Company, Inc.), Trademark License Agreement (OFS Capital, LLC)

No Waiver. Any waiver by any Party of any of its rights under this Agreement shall be made in writing to be effective. The failure of either party by a Party to enforce at any time or for any period of time any provision of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions that provision or rights or of the right of such party the Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 2 contracts

Samples: Preliminary Share Purchase Agreement (Hines Global REIT, Inc.), Preliminary Agreement (Hines Global REIT, Inc.)

No Waiver. The failure of by either party to enforce at any time or for any period the provisions of time any provision or any rights deriving from right under this Agreement shall not be construed to be a constitute waiver of such provisions or rights that provision or the right of such that party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothe provision.

Appears in 2 contracts

Samples: Omnibus Agreement (Spectra Energy Corp.), Contribution Agreement

No Waiver. 25.1 The failure of either party to enforce at any time for any period of the provisions of this Agreement, or any rights deriving from this Agreement with respect hereto, or to exercise any option which is provided herein, shall not in no way be construed to be a waiver of such provisions provisions, rights or rights options or in any way to affect the validity of this Agreement or the right of either party to thereafter enforce each and every such party thereafter provision and to enforce exercise any such provisions, and no waiver shall be binding unless executed in writing by all parties heretoright or option.

Appears in 2 contracts

Samples: Agreement (Displaytech Inc), Agreement (Displaytech Inc)

No Waiver. The failure of either any party to enforce at any time or for any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such the party thereafter to enforce such provisions, and no provision. The waiver of any breach or default or the failure to exercise any right shall not be binding unless executed in writing by all parties heretodeemed a waiver of any subsequent breach or default or waiver of the right to exercise any other right.

Appears in 2 contracts

Samples: Non Competition Agreement, Asset Purchase Agreement (Miscor Group, Ltd.)

No Waiver. The failure of Failure by either party Party, in any one or more instances, to enforce at any time for any period of its rights in connection with this Agreement, or to insist upon the provisions strict performance of the terms of this Agreement, its Appendices or any rights deriving from this Agreement Exhibits, shall not be construed to be as a waiver or a relinquishment of any such provisions rights for future breach or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoenforcement thereof.

Appears in 2 contracts

Samples: Software Distribution Agreement (Dwango North America Corp), Software Distribution Agreement (Dwango North America Corp)

No Waiver. The failure of either party to enforce at any time for any period of the provisions of this Agreement, or any rights deriving from this Agreement shall not in respect thereto, will in no way be construed to be considered a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, rights, or elections with respect to subsequent events or in any way to affect the validity and no waiver shall be binding unless executed in writing by all parties heretothe enforceability of this Agreement.

Appears in 2 contracts

Samples: Technology License Agreement (Alynx, Co.), Technology License Agreement (Alynx, Co.)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights provision or the right of such party thereafter to enforce such provisionseach and every provision hereof. No waiver by either Party, and no waiver either express or implied, of any breach of these terms or conditions shall be binding unless executed in writing by all parties heretoconstrued as a waiver of any other term or condition.

Appears in 2 contracts

Samples: Terms and Conditions, Client’s Agreement

No Waiver. The failure of either party to enforce at any time time, or for any period of time, the provisions of or any rights deriving from this Agreement shall will not be construed interpreted to be a waiver of such provisions or rights or of the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 2 contracts

Samples: Trade Mark License Agreement, Trade Mark License Agreement

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No Waiver. The failure of by either party to enforce Party at any time for to enforce any period of the terms, provisions or conditions of or any rights deriving from this Agreement or to exercise any right hereunder shall not constitute or be construed to be constitute a waiver of such provisions the same or affect that Party’s rights or the right of such party thereafter to enforce such provisions, and no or exercise the same. A waiver shall by a Party of any term or condition of this Agreement must be binding unless executed in writing by all parties heretoto be effective.

Appears in 2 contracts

Samples: Supply Agreement (Intra-Cellular Therapies, Inc.), Supply Agreement (Intra-Cellular Therapies, Inc.)

No Waiver. The failure of either party to enforce at any time or --------- for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such that party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision hereof.

Appears in 2 contracts

Samples: Operating Agreement (Enact Health Management Systems Inc), Operating Agreement (Enact Health Management Systems)

No Waiver. The failure of either party to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions or rights provision or the right of such either party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision or any other provision of this Agreement.

Appears in 2 contracts

Samples: Club License Agreement, Club License Agreement

No Waiver. The A Party’s failure of either party to enforce at any time or for any period of time of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or nor of the right of such party thereafter Party hereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision herein contained.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Icad Inc)

No Waiver. The failure Failure of either party hereto to enforce at any time for any period the provisions term or provision of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions term or rights provision or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoterm or provision.

Appears in 2 contracts

Samples: Purchase of Service Agreement, Purchase of Service Agreement

No Waiver. The failure of either party Party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be deemed a waiver of such provisions that provision or rights or of the right of such party the Party to thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothat or any other provision.

Appears in 2 contracts

Samples: Development and Licensing Agreement (Pure Bioscience), Development and Licensing Agreement (Pure Bioscience)

No Waiver. The failure of either a party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.

Appears in 2 contracts

Samples: Form of Trademark License Agreement (CION Ares Diversified Credit Fund), Form of Trademark License Agreement (CION Ares Diversified Credit Fund)

No Waiver. The failure of either any party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of either such provisions or rights provision or the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 2 contracts

Samples: License Agreement (Achillion Pharmaceuticals Inc), License Agreement (Vion Pharmaceuticals Inc)

No Waiver. The failure of either party any Party to enforce at any time or for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such party that Party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision hereof.

Appears in 2 contracts

Samples: Supply Agreement (Nuvectra Corp), Supply Agreement (Qig Group, LLC)

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall will not be construed to be a waiver of such provisions or rights or the right rights of such party thereafter to enforce such provisions, and no waiver shall will be binding unless executed in writing by all parties hereto.

Appears in 2 contracts

Samples: Trademark License Agreement (NGP Capital Resources CO), Trademark License Agreement (NGP Capital Resources CO)

No Waiver. The failure of either party any Party to enforce at any time or for any period any of the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such those provisions or rights or of the right of such party that Party thereafter to enforce such provisions, each and no waiver every provision hereof. No rights under this Agreement shall be binding unless executed waived except by an instrument in writing signed by all parties heretothe Party sought to be charged with such waiver.

Appears in 2 contracts

Samples: Product Component Framework Agreement (Nuvectra Corp), Product Component Framework Agreement (Qig Group, LLC)

No Waiver. The failure of either party to enforce at enforce, or the delay by either party in enforcing, any time for any period the provisions of or any its rights deriving from under this Agreement shall not be construed to be prejudice or affect its rights hereunder. No waiver by either party shall operate as a waiver of such provisions any subsequent or rights or the right of such party thereafter to enforce such provisionscontinuing breach, and no waiver shall be binding effective unless executed made in writing by all parties heretowriting.

Appears in 2 contracts

Samples: Trademark License Agreement, Trademark License Agreement (Real Goods Solar, Inc.)

No Waiver. The failure of either party any of the Parties to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties Parties hereto.

Appears in 2 contracts

Samples: Intellectual Property Transfer Agreement, Intellectual Property Transfer Agreement (Align Technology Inc)

No Waiver. The Any failure of by either party to enforce at any time or for any period of time the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision, or rights or of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretothat provision.

Appears in 2 contracts

Samples: Saas Terms of Service, Saas Terms of Service

No Waiver. The failure of either party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, each and no every provision. Any waiver by a party of any of its rights under this Agreement shall be binding unless executed in writing signed by all parties heretosuch party.

Appears in 2 contracts

Samples: Manufacturing and Supply Agreement (United Guardian Inc), Manufacturing and Supply Agreement (United Guardian Inc)

No Waiver. The 22.1 Neither the failure nor the delay of either party Party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement shall not be construed to be constitute a waiver of such provisions provision or rights or of the right of such party thereafter each Party to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 2 contracts

Samples: Development and License Agreement (Peninsula Acquisition Corp), Joint Development Agreement (Hansen Medical Inc)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no . No waiver shall of any rights under this Agreement will be binding effective unless executed in writing signed by all parties heretothe party to be charged.

Appears in 2 contracts

Samples: License Agreement (Biophan Technologies Inc), License Agreement (Biophan Technologies Inc)

No Waiver. The failure of either party to enforce at any time or for any period the provisions of or time any rights deriving from other provision of this Agreement shall not be construed to be a as their waiver of such provisions or rights provision or the right of such a party thereafter to subsequently enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 2 contracts

Samples: Management Services Agreement (Furio Resources Inc.), Management Services Agreement (Red Sky Resources Inc.)

No Waiver. The failure of Failure by either party to enforce at any time or for any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and shall in no waiver shall be binding unless executed in writing by all parties heretoway affect that party's right to later enforce the provisions.

Appears in 1 contract

Samples: Contract Revenues Agreement (Solar Power, Inc.)

No Waiver. The failure of either party to enforce at any time time, or for any period of time, the provisions of or any rights deriving from this Agreement shall not be construed interpreted to be a waiver of such provisions or rights or of the right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 1 contract

Samples: Trade Mark License Agreement

No Waiver. The failure of either party to enforce at any time or for any period of time anyone or more of the provisions of or any rights deriving from this the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or rights or the of its right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 1 contract

Samples: Memorandum of Agreement

No Waiver. The failure of either any party to enforce or assert reliance upon, at any time or for any period of time, any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or party's rights under such provisions, or the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 1 contract

Samples: Commercial Cooperation Agreement (Entertainment Inc)

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provisions provision or rights right, and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent, or impair the right of such either party thereafter to subsequently enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoany provision or exercise any right hereunder.

Appears in 1 contract

Samples: Mobile Deposit Agreement

No Waiver. The failure of either party Party to enforce enforce, at any time or for any period of time, the provisions terms of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions or rights or the provision and shall in no way affect that Party’s right of such party thereafter later to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoterms.

Appears in 1 contract

Samples: Cool Holdings, Inc.

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provisions provision or rights right and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent or impair the right of such either party thereafter to subsequently enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoany provision or exercise any right hereunder.

Appears in 1 contract

Samples: Mobile Check Deposit Agreement

No Waiver. The A failure of or waiver by either party to enforce at any time for any period the provisions of right or any rights deriving from obligation under this Agreement shall not be construed to be at any time constitute a waiver of such provisions right or any other right, and shall not modify the rights or obligations of the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretounder this Agreement.

Appears in 1 contract

Samples: Player Software License Agreement

No Waiver. The failure of either party to enforce at any time or for any period the provisions of time, any term or any rights deriving from condition of this Agreement shall not be construed to be as a waiver of such provisions or rights the same or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoterm or condition.

Appears in 1 contract

Samples: Conversion Services Agreement (International Isotopes Inc)

No Waiver. The failure of either party Party to enforce enforce, at any time, any of the provisions of this Agreement, or the failure to require at any time for performance by the other Party of any period of the provisions of or any rights deriving from this Agreement shall Agreement, will not be construed to be a waiver of such provisions provisions, or rights or in any way affect the right of such party thereafter either Party to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovisions thereafter.

Appears in 1 contract

Samples: Master Services Agreement

No Waiver. The failure of either party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.. ​

Appears in 1 contract

Samples: Trademark License Agreement (Runway Growth Finance Corp.)

No Waiver. The failure of either party Party to enforce at any time for any period the provisions of or any rights deriving from this Agreement shall not be construed to be a waiver of such provisions or rights or the right of such party Party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties hereto.provisions.‌

Appears in 1 contract

Samples: License and Supply Agreement

No Waiver. The failure of either party to enforce at or the delay in enforcement of any time for any period the provisions --------- provision, right or option of or any rights deriving from this Agreement by any party hereto shall not in no way be construed to be a waiver of such provisions provision, right or rights or the right of such party thereafter to enforce such provisionsoption, and no waiver shall be binding unless executed set forth in writing and signed by all of the parties hereto, nor shall such action be deemed a waiver of any other right which that party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Master Technology License Agreement (Headway Technologies Inc)

No Waiver. The failure of either party Party hereto to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall not be construed to be as a waiver of either such provisions or rights provision or the right of such party Party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision of this Agreement.

Appears in 1 contract

Samples: Api Supply and Development Agreement (Tamandare Explorations Inc.)

No Waiver. The failure of either party to enforce at any time time, or for any period the provisions of or time, any rights deriving from provision of this Agreement shall will not be construed to be as a waiver of such provisions provision or rights or of the right of such party thereafter to enforce such provisions, each and no waiver shall be binding unless executed in writing by all parties heretoevery provision.

Appears in 1 contract

Samples: Vla4 Partner Support Agreement (Isis Pharmaceuticals Inc)

No Waiver. The failure of either party to enforce at any time for any period the provisions provision of or any rights deriving from this Agreement or to exercise any right herein provided shall not in any way be construed to be a waiver of such provisions provision or rights right, and shall not in any way affect the validity of this Agree- ment or any part hereof, or limit, prevent or impair the right of such either party thereafter to subsequently enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoany provision or exercise any right hereunder.

Appears in 1 contract

Samples: Credit Union Mobile Check Deposit Agreement

No Waiver. The failure of either party to enforce at any time or for any period of time any one or more of the provisions of or any rights deriving from this the Agreement shall not be construed to be a waiver of such any provision or provisions or rights or the of its right of such party thereafter to enforce each and every such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision.

Appears in 1 contract

Samples: Lease Agreement

No Waiver. The failure of either party by a Party to enforce at any time or for any period of time any provision of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions that provision or rights or of the right of such party the Party thereafter to enforce any such provisions, and no waiver shall be binding unless executed in writing by all parties heretoprovision of this Agreement.

Appears in 1 contract

Samples: Preliminary Sale and Purchase Agreement (Hines Global REIT, Inc.)

No Waiver. The failure of by either party to enforce Party at any time for to enforce any period of the terms, provisions or conditions of or any rights deriving from this Agreement or to exercise any right hereunder shall not constitute or be construed to be constitute a waiver of such provisions the same or affect that Party’s rights or the right of such party thereafter to enforce such provisions, and no waiver shall be binding unless executed in writing by all parties heretoor exercise the same.

Appears in 1 contract

Samples: Supply Agreement (Intra-Cellular Therapies, Inc.)

No Waiver. The failure of either any party hereto to enforce at any time or for any period the provisions any provision of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions right or rights or the right of provision and such party thereafter shall be entitled to enforce such provisions, and no waiver right or provision at any time as it shall be binding unless executed in writing by all parties heretosee fit.

Appears in 1 contract

Samples: License Agreement (Mabcure Inc.)

No Waiver. The failure of either any party to enforce at any time or for any period of time any of the provisions of or any rights deriving from this Agreement shall not be construed to be as a waiver of such provisions provision or rights or of the right of such the party thereafter to enforce such provisions, and no provision. The waiver of any default or the failure to exercise any right shall not be binding unless executed in writing by all parties heretodeemed a waiver of any subsequent default or waiver of the right to exercise any other right.

Appears in 1 contract

Samples: Asset Purchase Agreement (CTB International Corp)

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