Common use of Nonwaiver Clause in Contracts

Nonwaiver. Neither any course of dealing nor any failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officer.

Appears in 75 contracts

Samples: Indemnification Agreement (United Rentals North America Inc), Indemnification Agreement (United Rentals North America Inc), Indemnification Agreement (United Rentals North America Inc)

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Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company.

Appears in 70 contracts

Samples: Employment Agreement (Amphitrite Digital Inc), Employment Agreement (Amphitrite Digital Inc), Employment Agreement (Amphitrite Digital Inc)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Company.

Appears in 19 contracts

Samples: Executive and Cto Consulting Agreement (Team 360 Sports, Inc.), Executive Agreement (Team 360 Sports, Inc.), Consulting Agreement

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Employee) or other person duly authorized officerby the Company.

Appears in 15 contracts

Samples: Employment Agreement (Peerless Systems Corp), Separation Agreement (Kior Inc), Employment Agreement (Peerless Systems Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company or other person duly authorized officerby the Company.

Appears in 14 contracts

Samples: Employment Agreement (Outbrain Inc.), Financial Public Relations Agreement (IIOT-OXYS, Inc.), Consulting Agreement (Indoor Harvest Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party Party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Company.

Appears in 8 contracts

Samples: Consulting Agreement (THC Therapeutics, Inc.), Consulting Agreement (Bravatek Solutions, Inc.), Consulting Agreement (Appiphany Technologies Holdings Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company’s Board of Directors.

Appears in 4 contracts

Samples: Employment Agreement (Envirotech Vehicles, Inc.), Employment Agreement (Envirotech Vehicles, Inc.), Employment Agreement (Adomani, Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Crockett) or other person duly authorized officerby the Company.

Appears in 3 contracts

Samples: Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of Parent or the Company, by its an officer of Parent or the Company, as the case may be (other than Executive), or other duly authorized officerperson.

Appears in 3 contracts

Samples: Separation Agreement (Noble Corp PLC), Transition Agreement (Noble Corp PLC), Separation Agreement (Noble Corp PLC)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Advisor) or other person duly authorized officerby the Company.

Appears in 3 contracts

Samples: Obligations Agreement, Obligations Agreement (China Rapid Finance LTD), Obligations Agreement (China Rapid Finance LTD)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged with such waiver and, in the case of the Company, by its an officer of the Company or other person duly authorized officerby the Company.

Appears in 3 contracts

Samples: Liston Independent Contractor Agreement (Efunds Corp), Benton Independent Consultant Agreement (Efunds Corp), Liston Independent Contractor Agreement (Efunds Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Senior Manager) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Employment Contract (Net Silicon Inc), Employment Contract (Netsilicon Inc)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party Party hereto in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officerboth Parties.

Appears in 2 contracts

Samples: Independent Contractor Agreement (Pedevco Corp), Consulting Agreement (Pedevco Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company's Board of Directors.

Appears in 2 contracts

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

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Board of Directors of the Company.

Appears in 2 contracts

Samples: Amended and Restated Consulting Agreement (Irvine Sensors Corp/De/), Amended and Restated Consulting Agreement (Irvine Sensors Corp/De/)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Axxxxx) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Separation and Release Agreement (Spark Energy, Inc.), Separation and Release Agreement (Spark Energy, Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Sharp) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of Parent or the Company, by its an officer of Parent or the Company, as the case may be (other than Executive), or other duly authorized officerperson.

Appears in 2 contracts

Samples: Inducement Agreement (Noble Corp PLC), Separation Agreement (Noble Corp PLC)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Dxxxxxxx) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder under this Agreement or under law shall will constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of Company (other than Executive) or other person duly authorized officerby Company.

Appears in 2 contracts

Samples: Employment Agreement (Rentrak Corp), Employment Agreement (Rentrak Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Board Member) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Board Member Agreement (Bullion Monarch Mining, Inc. (NEW)), Board Member Agreement (Bullion Monarch Mining, Inc. (NEW))

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Bxxxx) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Sxxxxx) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Xxxxxx) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Employment Agreement (Texas Petrochemicals Inc.), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Xxxxxxxx) or other person duly authorized officerby the Company.

Appears in 2 contracts

Samples: Agreement (Kior Inc), Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument instrument: signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company’s Board of Directors.

Appears in 2 contracts

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

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its a duly authorized officerofficer other than Employee.

Appears in 2 contracts

Samples: Change of Control Agreement (Fluke Corp), Change of Control Agreement (Fluke Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyClient, by its an executive officer of the Client or other person duly authorized officerby the Client.

Appears in 2 contracts

Samples: Independent Contractor Agreement (Nexus Enterprise Solutions, Inc.), Termination of Independent Contractor Agreement (Nexus Enterprise Solutions, Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any rightright , power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same rightrigh t, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officeran executive officer of such party.

Appears in 1 contract

Samples: Advisory Agreement (Zander Therapeutics, Inc)

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Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its duly authorized officercharged.

Appears in 1 contract

Samples: Separation Agreement (Verisk Analytics, Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyBusiness, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Oncologix Tech Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in to any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officerCompany's Chairman.

Appears in 1 contract

Samples: Registration Rights Agreement (Mile High Brewing Co)

Nonwaiver. Neither any course of dealing nor any failure or --------- neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officer.

Appears in 1 contract

Samples: Employment Agreement (Life Medical Sciences Inc)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Xxxxx) or other person duly authorized officerby the Company.

Appears in 1 contract

Samples: Employment Agreement (Texas Petrochemicals Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyClient, by its an acting officer of the Client or other person duly authorized officerby the Client.

Appears in 1 contract

Samples: Services Agreement (Disaboom, Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party Party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its an officer of the Company (other than the Executive) or other person duly authorized officerby the Company.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ambassadors Group Inc)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either any party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either a party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officercharged.

Appears in 1 contract

Samples: Transition and Consulting Agreement (Verisk Analytics, Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in to any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its a duly authorized officerofficer of the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Mile High Brewing Co)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of that right or any other right, power or privilege or of the same right, power or privilege in any other instanceprivilege. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyEmployer, by its an officer of Employer (other than Employee) or other person duly authorized officerby Employer.

Appears in 1 contract

Samples: Employment Agreement (Livedeal Inc)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officeran executive officer of the Company.

Appears in 1 contract

Samples: Consulting Agreement (Health Care Reit Inc /De/)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company or the Company, by its an officer of the Company or the Company, as the case may be (other than Executive), or other duly authorized officerperson.

Appears in 1 contract

Samples: Retirement and Separation Agreement (Capital Senior Living Corp)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officercharged.

Appears in 1 contract

Samples: Consulting Agreement

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyFVP, by its an officer of the FVP or other person duly authorized officerby the FVP.

Appears in 1 contract

Samples: Agreement (Beacon Enterprise Solutions Group Inc)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either any party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either any party hereto must be contained in a written instrument signed by the party to be charged granting such waivers and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Company.

Appears in 1 contract

Samples: Consulting Agreement (Genesis Fluid Solutions Holdings, Inc.)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, right power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party the parties hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyXxxxxxxx, by its duly authorized officeran officer of Xxxxxxxx.

Appears in 1 contract

Samples: Office Sharing Agreement (Ember Therapeutics, Inc. - Ny)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of that right or any other right, power or privilege or of the same right, power or privilege in any other instanceprivilege. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in hi the case of the Company, by its an officer of Company (other than Xxxxxx) or other person duly authorized officerby Company.

Appears in 1 contract

Samples: Employment Agreement (Livedeal Inc)

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of Company (other than Executive) or other person duly authorized officerby Company.

Appears in 1 contract

Samples: Employment Agreement (Heritage Global Inc.)

Nonwaiver. Neither any course of dealing nor any failure or neglect --------- of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officer.

Appears in 1 contract

Samples: Employment Agreement (Life Medical Sciences Inc)

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