Common use of Waivers; Remedies Clause in Contracts

Waivers; Remedies. The observance of any term of this agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

Appears in 34 contracts

Samples: Sprint Trademark and Service Mark License Agreement (Horizon PCS Inc), Management Agreement (Unwired Telecom Corp), License Agreement (Alamosa Holdings Inc)

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Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such the term, but any such waiver shall be is effective only if in a writing signed by the party or parties against which such the waiver is to be asserted. Except as otherwise provided hereinin this Agreement, no failure or delay of any party in exercising any power or right under this agreement shall Agreement will operate as a waiver thereof, nor shall will any single or partial exercise of any such right or powerright, or any abandonment or discontinuance of steps to enforce such right or powerthe right, preclude any other or further exercise thereof or the exercise of any other right or powerright.

Appears in 7 contracts

Samples: Resale Agreement (Ntelos Holdings Corp), Resale Agreement (Ntelos Holdings Corp), Resale Agreement (Ntelos Holdings Corp)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party Partner in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 4 contracts

Samples: After (Wcof, LLC), Tele Communications Inc /Co/, Sprint Corp

Waivers; Remedies. The observance of any term of this ----------------- agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.. Sprint Proprietary Information - RESTRICTED

Appears in 3 contracts

Samples: License Agreement (Ipcs Equipment Inc), License Agreement (Ipcs Inc), License Agreement (Ipcs Equipment Inc)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided hereinin this Agreement, no failure or delay of any party hereto in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 3 contracts

Samples: Contribution Agreement (Liberty Media Corp /De/), Contribution Agreement (Liberty Media Corp /De/), Contribution Agreement (Tci Satellite Entertainment Inc)

Waivers; Remedies. The observance of any term of this ----------------- agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

Appears in 3 contracts

Samples: License Agreement (Ipcs Equipment Inc), Sprint Trademark and Service Mark License Agreement (Airgate Wireless Inc), Sprint Spectrum Trademark and Service Mark License Agreement (Airgate Wireless Inc)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party Party or parties Parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party Party or parties Parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party Party in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 3 contracts

Samples: Tax Sharing Agreement (Arch Coal Inc), Joint Venture Formation Agreement (Tele Communications Inc /Co/), Joint Venture Formation Agreement (Comcast Corp)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party Member in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Arch Coal Inc), Limited Liability Company Agreement (Arch of Wyoming LLC)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties Party entitled to enforce such the term, but any such waiver shall be is effective only if in a writing signed by the party or parties Party against which such the waiver is to be asserted. Except as otherwise provided hereinin this Agreement, no failure or delay of any party Party in exercising any power or right under this agreement shall Agreement will operate as a waiver thereof, nor shall will any single or partial exercise of any such right or powerright, or any abandonment or discontinuance of steps to enforce such right or powerthe right, preclude any other or further exercise thereof or the exercise of any other right or powerright.

Appears in 2 contracts

Samples: Label PCS Services Agreement (Leap Wireless International Inc), PCS Services Agreement (Virgin Mobile USA, Inc.)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

Appears in 2 contracts

Samples: License Agreement (Hi-Great Group Holding Co), License Agreement (Migom Global Corp.)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be assertedasserted and only in the specific instance and for the specific purpose for which given. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 2 contracts

Samples: Contribution Agreement (Mtvi Group Inc), Organization Agreement (Mtvi Group Inc)

Waivers; Remedies. The observance of any term of this agreement ----------------- Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be assertedasserted and only in the specific instance and for the specific purpose for which given. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 2 contracts

Samples: Parent Agreement and Guaranty (Tele Communications Inc /Co/), Organization Agreement (Tele Communications Inc /Co/)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party either Partner in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 2 contracts

Samples: Cox Communications Inc /De/, Cox Enterprises Inc Et Al

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Waivers; Remedies. The observance of any term of this agreement ----------------- Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party hereto in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 1 contract

Samples: Contribution Agreement (Liberty Media Corp /De/)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

Appears in 1 contract

Samples: Lease Agreement (Margo Caribe Inc)

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such the term, but any such waiver shall be is effective only if in a writing signed by the party or parties against which such waiver is to be assertedwaiving the term. Except as otherwise provided hereinin this Agreement, no failure or delay of any party in exercising any power or right under this agreement shall Agreement will operate as a waiver thereof, nor shall will any single or partial exercise of any such right or powerright, or any abandonment or discontinuance of steps to enforce such right or powerthe right, preclude any other or further exercise thereof or the exercise of any other right or powerright.

Appears in 1 contract

Samples: Note

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party Party or parties Parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party Party or parties Parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party Party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

Appears in 1 contract

Samples: Intellectual Property License and Commercialization Agreement

Waivers; Remedies. The observance of any term of this agreement Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in a writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party hereto in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 1 contract

Samples: Restructuring and Merger Agreement (Sprint Corp)

Waivers; Remedies. The observance of any term of this agreement ----------------- Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if it is in a writing signed by the party or parties against which such waiver is to be assertedasserted and only in the specific instance and for the specific purpose for which it is given. Except as otherwise provided herein, no failure or delay of any party Partner in exercising any power or right under this agreement Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.

Appears in 1 contract

Samples: Tci Music Inc

Waivers; Remedies. The observance of any term of this agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power. Section 15.13.

Appears in 1 contract

Samples: Agreement

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