APPROVALS AND WAIVERS. A. Approvals and consents by either party will not be effective unless evidenced by writing signed by such party. Either party’s consent, wherever required, may be withheld if any default by the other party exists under this Agreement. B. Except as otherwise provided in any written agreement executed by Franchisor and Franchisee, Franchisor makes no warranties or guarantees upon which Franchisee may rely. Franchisor assumes no liability or obligation to Franchisee by providing any waiver, approval, consent or suggestion to Franchisee in connection with this Agreement or by reason of any delay or denial of any request therefor. C. No failure of a party to exercise any power reserved to it by this Agreement, or to insist upon strict compliance by the other party with any obligation or condition hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such party’s right thereafter to demand exact compliance with any of the terms herein. Waiver by a party of any particular default by the other party shall not affect or impair such party’s rights with respect to any subsequent default of the same, similar, or different nature; nor shall any delay, forbearance, or omission of a party to exercise any power or right arising out of any breach or default by the other party of any of the terms, provisions, or covenants hereof, affect or impair such party’s right to exercise the same.
Appears in 7 contracts
Samples: Franchise Agreement, Franchise Agreement (Apple REIT Seven, Inc.), Franchise Agreement (Apple REIT Nine, Inc.)
APPROVALS AND WAIVERS. A. Approvals Whenever this Agreement requires the prior approval or consent of United, Contractor will make a timely request to United therefore and consents the consent will be obtained in writing. United will also consider, in its sole discretion, other reasonable requests individually submitted in writing by either party will not be effective unless evidenced Contractor for United’s consent to a waiver of any obligation imposed by writing signed by such party. Either party’s consent, wherever required, may be withheld if any default by the other party exists under this Agreement.
B. Except as otherwise provided in any written agreement executed by Franchisor and Franchisee, Franchisor makes no warranties or guarantees upon which Franchisee may rely. Franchisor United assumes no liability or obligation obligations to Franchisee Contractor by providing any waiver, approval, consent or suggestion to Franchisee Contractor in connection with this Agreement Agreement, or by reason of any neglect, delay or denial of any request therefortherefore.
C. No Except as otherwise provided for in this Agreement, no failure of a by either party to exercise execute any power reserved to it by this Agreement, or to insist upon strict compliance by the other party with any obligation or condition hereunder, and no custom or practice of the parties at variance with the terms hereof, shall hereof will constitute a waiver of such party’s right thereafter to demand exact compliance with any of the terms herein. Waiver by a such party of any particular default by the other party shall will not affect or impair such party’s rights with respect to any subsequent default of the same, similar, similar or different nature; , nor shall will any delay, forbearance, forbearance or omission of a such party to exercise any power or right arising out of any breach or default by the other party of any of the terms, provisions, terms or covenants hereof, provisions hereof will affect or impair such party’s right to exercise the samesame or constitute a waiver by such party of any right hereunder or the right to declare any subsequent breach or default and to terminate this Agreement prior to the expiration of its term. Subsequent acceptance by such party of any payments due to it hereunder will not be deemed to be a waiver by such party of any preceding breach by the other party of any terms, covenants or conditions of this Agreement.
Appears in 5 contracts
Samples: United Express Agreement (Republic Airways Holdings Inc), United Express Agreement (Pinnacle Airlines Corp), United Express Agreement (Skywest Inc)
APPROVALS AND WAIVERS. A. Approvals Whenever this Agreement requires the prior approval or consent of United, Contractor will make a timely request to United therefore and consents the consent will be obtained in writing. United will also consider, in its sole discretion, other reasonable requests individually submitted in writing by either party will not be effective unless evidenced Contractor for United's consent to a waiver of any obligation imposed by writing signed by such party. Either party’s consent, wherever required, may be withheld if any default by the other party exists under this Agreement.
B. Except as otherwise provided in any written agreement executed by Franchisor and Franchisee, Franchisor makes no warranties or guarantees upon which Franchisee may rely. Franchisor United assumes no liability or obligation obligations to Franchisee Contractor by providing any waiver, approval, consent or suggestion to Franchisee Contractor in connection with this Agreement Agreement, or by reason of any neglect, delay or denial of any request therefor.
C. No Except as otherwise provided for in this Agreement, no failure of a by either party to exercise execute any power reserved to it by this Agreement, or to insist upon strict compliance by the other party with any obligation or condition hereunder, and no custom or practice of the parties at variance with the terms hereof, shall hereof will constitute a waiver of such party’s 's right thereafter to demand exact compliance with any of the terms herein. Waiver by a such party of any particular default by the other party shall will not affect or impair such party’s 's rights with respect to any subsequent default of the same, similar, similar or different nature; , nor shall will any delay, forbearance, forbearance or omission of a such party to exercise any power or right arising out of any breach or default by the other party of any of the terms, provisions, terms or covenants hereof, provisions hereof will affect or impair such party’s 's right to exercise the samesame or constitute a waiver by such party of any right hereunder or the right to declare any subsequent breach or default and to terminate this Agreement prior to the expiration of its term. Subsequent acceptance by such party of any payments due to it hereunder will not be deemed to be a waiver by such party of any preceding breach by the other party of any terms, covenants or conditions of this Agreement.
Appears in 2 contracts
Samples: United Express Agreement (Mesa Air Group Inc), United Express Agreement (Mesa Air Group Inc)
APPROVALS AND WAIVERS. A. Approvals and consents by either party will not be effective unless evidenced by writing signed by such party. Either party’s Whenever this Agreement requires the prior approval or consent, wherever required, may be withheld if any default by the requesting party shall make a timely request to the other party exists under this AgreementParty and the consent shall be obtained in writing.
B. Except as otherwise provided in Neither party to this Agreement assumes any written agreement executed by Franchisor and Franchisee, Franchisor makes no warranties or guarantees upon which Franchisee may rely. Franchisor assumes no liability or obligation to Franchisee the other party by providing any waiver, approval, consent or suggestion to Franchisee the other party in connection with this Agreement or by reason of any neglect, delay or denial of any request therefor.
C. No failure of a by either party to exercise any power reserved to it by this Agreement, or to insist upon strict compliance by the other party with any obligation or condition hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such party’s 's right thereafter to demand exact compliance with any of the terms herein. Waiver by a such party of any particular default by the other party shall not affect or impair such party’s 's rights with respect to any subsequent default of the same, similar, similar or different nature; , nor shall any delay, forbearance, forbearance or omission emission of a such party to exercise any power or right arising out of any breach or default by the other party of any of the terms, provisions, provisions or covenants hereof, affect or impair such party’s 's right to exercise the samesame nor shall such constitute a waiver by such party of any right hereunder, or the right to declare any subsequent breach or default and to terminate this license prior to the expiration of its term. Subsequent acceptance by such party of any payments due to it hereunder shall not be deemed to be a waiver by such party of any preceding breach by the other party of any terms, covenants of this Agreement.
Appears in 2 contracts
Samples: Code Share Agreement (Airways Corp), Code Share Agreement (Valujet Inc)
APPROVALS AND WAIVERS. A. Approvals 19.1 Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, and consents by either party will not such approval or consent shall be effective unless evidenced by writing signed by such party. Either party’s consent, wherever required, may be withheld if any default by the other party exists under this Agreementobtained in writing.
B. 19.2 Except as otherwise provided in this Agreement or any other written agreement executed by between Franchisor and Franchisee, Franchisor makes no warranties or guarantees upon which Franchisee may rely. Franchisor assumes no liability or obligation to Franchisee Franchisee, by providing any waiver, approval, consent consent, or suggestion to Franchisee in connection with this Agreement or by reason of any delay or denial of any request made therefor.
C. 19.3 No failure of a party to exercise any power reserved to it by this Agreement, or to insist upon strict compliance by the other party with any obligation or condition hereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such party’s 's right thereafter to demand exact compliance with any of the terms herein. Waiver by a party of any particular default by the other party shall not affect or impair such party’s 's rights with respect to any subsequent default of the same, similar, or different nature; nor not shall any delay, forbearance, or omission of a party to exercise any power or right arising out of any breach or default by the other party of any of the terms, provisions, or covenants hereof, affect or impair such party’s 's right to exercise the same.
Appears in 1 contract
Samples: Joint Venture Agreement (Microtel Franchise & Development Corp /Ny)
APPROVALS AND WAIVERS. A. Approvals 14.1 Whenever this Agreement requires the prior approval or consent of Franchisor, Developer shall make a timely written request to Franchisor therefor, and, except as may be otherwise expressly provided herein, such approval or consent must be obtained in writing and consents by either party will not be effective unless evidenced by writing signed by an officer of Franchisor. Franchisor shall respond to each such party. Either party’s request in writing not later than thirty (30) days after receipt of the request for such approval or consent, wherever required, may be withheld if any default by the other party exists under this Agreement.
B. Except as otherwise provided in any written agreement executed by Franchisor and Franchisee, 14.2 Franchisor makes no warranties or guarantees upon which Franchisee Developer may rely. Franchisor rely and assumes no liability or obligation to Franchisee Developer by providing any waiver, approval, consent consent, or suggestion to Franchisee Developer in connection with this Agreement Agreement, or by reason of any delay neglect, delay, or denial of any request therefor.
C. 14.3 No delay or failure of a either party to exercise any power right reserved to it by in this Agreement, Agreement or to insist upon strict compliance by the other party with any obligation or condition hereunderin this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of either party's right to exercise such party’s right thereafter or to demand exact compliance by the other party with any of the terms hereinhereof. Waiver by a either party of any particular default by the other party shall not affect or impair such said party’s 's rights with respect to any subsequent default of the same, similar, or different nature; nor shall any delay, forbearance, or omission of a party to exercise any power or right arising out . Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach or default by the other party Developer of any of the terms, provisionscovenants, or covenants hereof, affect or impair such party’s right to exercise the sameconditions of this Agreement.
Appears in 1 contract
Samples: Affiliate Development Agreement (Quality Dining Inc)