Common use of Amendment and Non Waiver Clause in Contracts

Amendment and Non Waiver. Any change or modification of this Agreement shall be null and void unless made by amendment to the Agreement and signed by both parties. No waiver by either party of any default by the other party in the performance of any promise, term or condition of this Agreement shall be construed to be a waiver by such party of any other or subsequent default in performance of the same or any other promise, term or condition of this Agreement. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision hereof. The failure of either party to enforce any part of this Agreement shall not constitute a waiver by such party of its right to do so, nor shall it be deemed to be an act of ratification or consent.

Appears in 31 contracts

Samples: Automatic Retrocession Agreement (Brighthouse Variable Annuity Account C), Automatic Retrocession Agreement (Brighthouse Variable Annuity Account C), Automatic Retrocession Agreement (Brighthouse Separate Account A)

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Amendment and Non Waiver. This Agreement may be amended only by written agreement of the parties. Any change or modification of to this Agreement shall be null and void unless made by amendment to the this Agreement and signed by both parties. No waiver by either party of any default by the other party in the performance of any promise, term or condition of this Agreement shall be construed to be a waiver by such party of any other or subsequent default in performance of the same or any other promise, term or condition of this Agreement. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision hereof. The failure of either party to enforce any part of this Agreement shall not constitute a waiver by such party of its right to do so, nor shall it be deemed to be an act of ratification or consent.

Appears in 14 contracts

Samples: Reinsurance Agreement (Metlife Investors Variable Annuity Account One), Reinsurance Agreement (Metlife Investors Usa Separate Account A), Reinsurance Agreement (Metlife Investors Variable Annuity Account One)

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Amendment and Non Waiver. This Agreement may be amended only by written ------------------------ agreement of the parties. Any change or modification of to this Agreement shall be null and void unless made by amendment to the this Agreement and signed by both parties. No waiver by either party of any default by the other party in the performance of any promise, term or condition of this Agreement shall be construed to be a waiver by such party of any other or subsequent default in performance of the same or any other promise, term or condition of this Agreement. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision hereof. The failure of either party to enforce any part of this Agreement shall not constitute a waiver by such party of its right to do so, nor shall it be deemed to be an act of ratification or consent.

Appears in 4 contracts

Samples: Reinsurance Agreement (New England Variable Annuity Separate Account), Reinsurance Agreement (First MetLife Investors Variable Annuity Account One), Reinsurance Agreement (Metlife Investors Usa Separate Account A)

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