Non-Waiver. No failure or delay by Xxxxxx in exercising Lender’s rights under this Note shall be considered a waiver of such rights.
Non-Waiver. No investigations made by or on behalf of the Purchaser at any time shall have the effect of waiving, diminishing the scope of or otherwise affecting any representations or warranties made herein or pursuant hereto. No investigations made by or on behalf of the Vendor at any time shall have the effect of waiving, diminishing the scope of or otherwise affecting any representations or warranties made herein or pursuant hereto.
Non-Waiver. The right of United to require strict performance and observance of any of Customer’s obligations hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing. Exercise by United of its right to terminate hereunder will in no way affect or impair its right to bring suit for any Customer default or breach of this Agreement. Exclusion of Consequential Damages: United will not be liable for any indirect, special, incidental, or consequential damages, including lost revenues, lost profits, or lost prospective economic advantage, whether or not foreseeable and whether or not based on contract, tort, or warranty claims or otherwise, arising from any performance or failure to perform under this Agreement, and Customer hereby releases and waives any claims against United regarding such damages. Indemnification: Customer will indemnify and hold harmless United and its officers, directors, employees, and agents (the "Indemnities") from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments, including but not limited to reasonable attorneys' fees, costs, and related expenses, which may be suffered by, accrue against, or be recovered from any of the Indemnities resulting from or arising out of or in connection with: (i) any breach by Customer of any of its obligations under this Agreement; or (ii) any negligence or intentional or willful misconduct of Customer in connection with this Agreement. The indemnity and hold harmless obligations of Customer pursuant to this section are of a continuing nature and will survive the termination or expiration of this Agreement. Force Majeure/Delay: Neither United or Customer will be responsible for delays or failure in performance caused by acts of God or governmental authority, strike or labor dispute, or for any other cause, whether similar or dissimilar, beyond the reasonable control of that party whose performance is affected. Notwithstanding the foregoing, United will not be liable to Customer for, and Customer hereby releases and waives any and all claims against United for any flight cancellation, schedule change, or other failure to accommodate any passenger arising under this Agreement.
Examples of Non-Waiver in a sentence
Non-Waiver of Defaults: Any failure of the University to enforce or require the strict keeping and performance of any of the terms and conditions of this Contract shall not constitute a waiver of such terms, conditions, or rights.
Non-Waiver of Default:Any failure by the Owner or Contractor at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms or conditions of this agreement, or to exercise a right hereunder, shall not constitute a waiver of such terms, conditions or rights, and shall not affect or impair same, or the right of the Owner or the Contractor, as the case may be at any time to avail itself of same.
These should be used with caution, as they could limit the ability to recover damages for losses Non-Waiver Clause: These protect parties who excuse the other party for non-performance of contract terms.
H.19 Non-Waiver of RightsNone of the provisions of this Subcontract shall be considered waived by either party unless such waiver is given in writing to the other party.
Severability; Non-Waiver: Should any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, the Parties desire that it be modified by the court to conform as closely as possible to its original intent without being invalid or unenforceable, and that in such form it be enforced.
More Definitions of Non-Waiver
Non-Waiver. Any intentional or unintentional waiver by the Lessor of any violation of this Contract by the Lessee shall not be construed or interpreted to be a waiver of any other prior, subsequent or contemporaneous violation.
Non-Waiver. We do not give up our rights under the Agreement or applicable law when we fail to exercise or delay exercising those rights. Our failure or delay to exercise any right or remedy we have against you does not mean that we waive that right. The Bank can accept late or partial payments without losing any of the Bank’s rights under this Agreement. The Company and Holder agree not to send any partial payments marked “paid in full,” “without recourse,” or similar language. If you send such a payment, the Bank may accept it without losing any of the Bank’s rights under this Agreement.
Non-Waiver. FMA's failure at any time to require strict performance by Lessee of any of the provisions of a Lease shall not waive or diminish FMA's right thereafter to demand strict compliance therewith or with any other provision. Waiver of any default shall not waive any other default. FMA's rights under a Lease are cumulative and not alternative and may be exercised successively or concurrently.
Non-Waiver. The Facility expressly acknowledges A&M-Commerce is an agency of the State of Texas and nothing in the Agreement will be construed as a waiver or relinquishment by A&M-Commerce of its right to claim such exemptions, privileges, and immunities as may be provided by law. Neither the execution of the Agreement by University nor any other conduct, action, or inaction of any representative of A&M-Commerce relating to the Agreement constitutes or is intended to constitute a waiver of A&M-Commerce’s or the State’s sovereign immunity to suit.
Non-Waiver. No failure or delay by any Party in exercising any right, power or privilege under this Agreement shall constitute a waiver of such right, power or privilege, nor shall any single or partial exercise of such right, power or privilege preclude any other or further exercise of such right, power or privilege or the exercise of any right, power or privilege hereunder. 10.
Non-Waiver. No failure or delay on the part of Summit, or its ---------- successors and assigns, in the exercise of any right, power or privilege pursuant to the Sale Documents (including this First Amendment) is to be construed to be or operate as a waiver. Partial exercise of any right, power or privilege by Summit is not to preclude any further right, power or privilege, nor be deemed a waiver. Any waiver or modification of this First Amendment or any other document, instrument or agreement executed by Seller is to be in writing signed by Seller and Summit. Summit may, in its sole discretion, release, impair or surrender all or any of the interest granted hereunder or under any other agreement executed by Seller without waiving, exhausting or impairing any of Summit's rights and remedies available pursuant to the Sale Documents or under this First Amendment.
Non-Waiver. Xxxxx's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Buyer's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Xxxxx's Manager.