Common use of APPROVALS AND WAIVERS Clause in Contracts

APPROVALS AND WAIVERS. 21.1. Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, and such approval or consent must be obtained in writing. 21.2. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and 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 neglect, delay, or denial of any request therefor. 21.3. 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 Franchisee under any of the terms, provisions, covenants, or conditions hereof, shall constitute a waiver by Franchisor to enforce any such right, option, duty, or power as against Franchisee, or as to subsequent breach or default by Franchisee. 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 by Franchisee of any terms, provisions, covenants, or conditions of this Agreement.

Appears in 3 contracts

Samples: Franchise Agreement (NPC Restaurant Holdings, LLC), Franchise Agreement (Davco Acquisition Holding Inc), Franchise Agreement (Friendco Restaurants Inc)

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APPROVALS AND WAIVERS. 21.1. Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee Franchise Owner shall make a timely written request to Franchisor thereforFranchisor, and such approval or consent must shall be obtained in writing signed by the President or any Vice President of Franchisor. No other communication from any officer, employee or agent of Franchisor, whether oral or in writing. 21.2, shall constitute a valid approval or consent of Franchisor pursuant to this Section 21. Franchisor makes no warranties or guarantees upon which Franchisee Franchise Owner may rely, and assumes no liability or obligation to FranchiseeFranchise Owner, by providing any waiver, approval, consent, consent or suggestion to Franchisee Franchise Owner in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 21.3. No delay, waiver, omission, omission or forbearance on the part of Franchisor to exercise any right, option, duty, duty or power arising out of any breach or default by Franchisee Franchise Owner under any of the terms, provisions, covenants, covenants or conditions hereof, shall constitute a waiver by Franchisor to enforce any such right, option, duty, duty or power as against FranchiseeFranchise Owner, or as to any subsequent breach or default by Franchisee. 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 by Franchisee of any terms, provisions, covenants, or conditions of this AgreementFranchise Owner.

Appears in 2 contracts

Samples: Stock Redemption Agreement (Option Care Inc/De), Franchise Agreement (Option Care Inc/De)

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