7Waiver. None of the provisions of this Agreement shall be considered waived by either Party unless the Party against whom such xxxxxx is claimed gives the waiver in writing. The failure of either Party to insist in any one instance upon strict performance of any the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishments of such rights for the future, but the same shall continue and remain in full force and effect. Waiver by either Party of any default of the other Party shall not be deemed a waiver of any other default.
Appears in 4 contracts
Samples: Power Purchase Agreement, Energy Storage Power Purchase Agreement, Power Purchase Agreement
7Waiver. None of the provisions of this Agreement shall be considered waived by either Party unless the Party against whom such xxxxxx waiver is claimed gives the waiver in writing. The failure of either Party to insist in any one instance upon strict performance of any the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishments of such rights for the future, but the same shall continue and remain in full force and effect. Waiver by either Party of any default of the other Party shall not be deemed a waiver of any other default.
Appears in 2 contracts
Samples: Energy Storage System Power Purchase Tolling Agreement, Power Purchase Tolling Agreement