12Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
12Waiver. No waiver by any party at any time of any breach by any other party of, or compliance with, any condition or provision of the Agreement to be performed by any other party shall be deemed a waiver of any other provisions or conditions at the same time or at any prior or subsequent time.
12Waiver. A waiver by either Party of any of the terms and conditions of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any other term or condition hereof. Except as otherwise provided herein, all rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either Party. 40
12Waiver. Failure by either Party to exercise any of its rights under this Contract shall not constitute a waiver of such rights. Neither Party shall be deemed to have waived any right resulting from any failure to perform by the other unless it has made such waiver specifically in writing or unless otherwise provided in this Contract.
12Waiver. (a) No failure on the part of any Person to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Person in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
(b) No Person shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Person; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
12Waiver. Failure of any Party at any time to require performance of any provision of this Agreement shall not limit such Party's right to enforce such provision, nor shall any waiver of any breach of any provision of this Agreement constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. Any waiver of any provision of this Agreement shall be effective only if set forth in writing and signed by the Party to be bound.
12Waiver. No waiver of any term, provision, or condition of this ------ Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
12Waiver. Failure by either party to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term in this Agreement or any other agreement that may be in place between the parties. 9.13Assignment. The terms and conditions of this Agreement shall inure to the benefit of Company, its successors, assigns and other legal representatives, and shall be binding upon Licensee, its permitted successors, assigns and other legal representatives. This license agreement is personal to Licensee, and no assignment, by operation of law or otherwise, shall be valid without the prior written consent of Company. [51] Typically includes officers, directors, representatives, agents, etc. [52] Alternative dispute resolution is not required, but can be used if one party requests it. This clause also allows for dispute resolution through the court system. [53] Important things to include in the clause include: (i) procedures are defined; (ii) venue is specified; and (iii) an “entry of judgment” clause is included. [54] In non-exclusive fields of use the parties need to be able to share the terms with future prospective exclusive licensees.
12Waiver. No failure to exercise, and no delay in exercising, on the part of either Party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. Any waivers or amendments shall be effective only if made in writing and signed by authorized representatives of the Parties.
12Waiver. No delay or forbearance on the part of any party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any waiver of any right, power or privilege operate as a waiver of any other right, power or privilege, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. No waiver shall be effective unless made in writing and executed by the party to be bound thereby. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that the parties otherwise may have at law, in equity or both. XXIV.13Authority of the Authority’s Director. Unless otherwise expressly stated herein, any consents and approvals to be given by the Authority hereunder may be made and given by the Director or by such other person as may be duly authorized by the Authority. In the event any obligation of this Agreement requires the taking of any action, including the conduct of meetings, submittal of reports or documents or any other activity, and the manner and/or timing of such action is not herein detailed, the action shall be taken in the manner and at such times as reasonably required by the Director.
