Anti-Waiver. The failure of any party to enforce any of its rights arising by reason of any breach of covenant or failure of condition on the part of the other party will not constitute a waiver of such breach. No custom or practice arising between the parties in the course of administering the Agreement will be construed to waive any party’s right to: (i) insist upon the performance of the other party of any covenant or condition in the Agreement, or (ii) exercise any rights provided to it on the account of any breach of such covenant or failure of such condition.
Anti-Waiver. No term or provision of this Contract shall be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by the party claimed to have provided such waiver or consent. No waiver of any right shall constitute a waiver of any other right, whether of a similar nature or otherwise.
Anti-Waiver. The right of either party to require strict performance by the other of any and/or all the obligations imposed upon the other by the Agreement shall not in any way be affected by any previous waiver, forbearance or course of dealing.
Anti-Waiver. The failure of a party to insist upon the strict performance of any provision of this Lease or to exercise any remedy for any default shall not be construed as a waiver. The waiver of any noncompliance with this Lease shall not prevent subsequent similar noncompliance from being a default. No notice to or demand on a party shall of itself entitle such party to any other or further notice or demand in similar or other circumstances. No waiver shall be effective unless expressed in writing and signed by the waiving party. The receipt by Landlord of any Rent after default on the part of Tenant (whether such Rent is due before or after such default) shall not be deemed to operate as a waiver of the right of Landlord to enforce the payment of any other Rent reserved in this Lease which may be due and owing at such time, or otherwise, or to pursue any other remedies provided in this Lease or otherwise available to Landlord. No payment by Tenant, or receipt by Landlord, of a lesser amount than the Rent actually owed pursuant to the terms of this Lease shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement of, or statement on, any check or any letter accompanying any check or payment of Rent be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such Rent or to pursue any other remedy provided under this Lease. No act of Landlord shall be deemed an acceptance of a surrender of the Premises and no agreement to accept such surrender shall be valid unless in writing and signed by Landlord. The acceptance of the keys to the Premises by the Landlord from the Tenant prior to the termination of this Lease will not operate as a termination of the Lease or a surrender of the Premises unless done pursuant to a written agreement duly executed on behalf of Landlord and specifically evidencing an express intention by Landlord so to effect a termination or accept a surrender. It is the intention of the parties that this Section modify the common law rules of waiver and estoppel.
Anti-Waiver. If the Union does not file a formal grievance over any instance of non- performance or violation of any term or condition of this Agreement, this shall not be taken as a waiver of the right to file grievances over the same type of non-performance or violation in the future.
Anti-Waiver. No provision of this Agreement, right or remedy hereunder may be waived except by in a writing signed by the party expressly waiving such right, remedy or obligation. No waiver shall be implied upon the conduct, enforcement, non-enforcement or course of performance of the parties.
Anti-Waiver. No delay on the part of the Bank or any holder of the Line of Credit Note in exercising any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege under this Agreement or otherwise, preclude other or future exercise of the right, power or privilege or the exercise of any other right, power or privilege.
Anti-Waiver. The failure of any Party to this Agreement to enforce any of its rights arising by reason of any breach of covenant on the part of any other party will not constitute a waiver of such breach. A waiver of a particular breach will not be deemed to be a waiver of the same or any other subsequent breach.
Anti-Waiver. No delay, waiver, omission or forbearance on the part of FRANCHISOR, to exercise any right, option, duty or power arising out of any breach or default by DEVELOPER or by any other WEST COAST developer, of any of the terms, provisions or covenants hereof, shall constitute a waiver by such party to enforce any such right, option or power as against DEVELOPER or as
Anti-Waiver. No delay, waiver, omission or forbearance on the part of FRANCHISOR, to exercise any right, option, duty or power arising out of any breach or default by DEVELOPER or by any other WEST COAST developer, of any of the terms, provisions or covenants hereof, shall constitute a waiver by such party to enforce any such right, option or power as against DEVELOPER or as to subsequent breach or default by DEVELOPER. Subsequent acceptance by FRANCHISOR of any payments due to it hereunder shall not be deemed to be a waiver of any preceding breach by DEVELOPER of any terms, covenants or conditions of this Agreement.
