Common use of APPROVALS AND WAIVERS Clause in Contracts

APPROVALS AND WAIVERS. 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 signed by an officer of Franchisor. 14.2 Franchisor makes no warranties or guarantees upon which Developer may rely and assumes no liability or obligation to Developer by providing any waiver, approval, consent, or suggestion to Developer in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 14.3 No failure of Franchisor to exercise any right reserved to it in this Agreement or to insist upon strict compliance by Developer with any obligation or condition of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to exercise such right or to demand exact compliance with any of the terms of this Agreement. Waiver by Franchisor of any particular default by Developer shall not affect or impair Franchisor's rights with respect to any subsequent default of the same, similar, or different nature; nor shall any delay, forbearance, or omission of Franchisor to exercise any power or right arising out of any breach or default by Developer of any of the terms, provisions, or covenants of this Agreement affect or impair Franchisor's right to exercise the same; nor shall such constitute a waiver by Franchisor of any rights hereunder or rights to declare any subsequent breach or default and to terminate this Agreement prior to the expiration of its term.

Appears in 1 contract

Samples: Development Agreement (Quality Dining Inc)

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APPROVALS AND WAIVERS. 14.1 12.1 Whenever this Agreement requires the prior approval or consent of Franchisor, Area Developer shall make a timely written request to Franchisor therefor, and, except as may be otherwise expressly provided herein, and such approval or consent must be obtained in writing and signed by an officer of Franchisorwriting. A request for approval shall be deemed denied unless or until Franchisor grants its written approval. 14.2 12.2 Franchisor makes no warranties or guarantees upon which Area Developer may rely rely, and assumes no liability or obligation to Developer Area Developer, by providing any waiver, approval, consent, or suggestion to Area Developer in connection with this Agreement, or by reason of any neglect, delay, delay or denial of any request therefor. 14.3 12.3 No failure delay, waiver, omission or forbearance on the part of Franchisor to exercise any right reserved to it in this Agreement or to insist upon strict compliance by Developer with any obligation or condition of this Agreementright, and no custom or practice of the parties at variance with the terms hereofoption, shall constitute a waiver of Franchisor's right to exercise such right or to demand exact compliance with any of the terms of this Agreement. Waiver by Franchisor of any particular default by Developer shall not affect or impair Franchisor's rights with respect to any subsequent default of the same, similarduty, or different nature; nor shall any delay, forbearance, or omission of Franchisor to exercise any power or right arising out of any breach or default by Area Developer of under any of the terms, provisions, covenants, or covenants conditions hereof, shall constitute a waiver by Franchisor to enforce any such right, option, duty, or power as against Area Developer, or as to subsequent breach or default by Area Developer. Subsequent acceptance by Franchisor of this Agreement affect or impair Franchisor's right any payments due to exercise the same; nor it hereunder shall such constitute not be deemed to be a waiver by Franchisor of any rights hereunder preceding breach by Area Developer of any terms, provisions, covenants, or rights to declare any subsequent breach or default and to terminate conditions of this Agreement prior to the expiration of its termAgreement.

Appears in 1 contract

Samples: Area Development Agreement (Geeks on Call Holdings, Inc.)

APPROVALS AND WAIVERS. 14.1 21.1 Whenever this Agreement requires the prior approval or consent of Franchisor, Developer Franchisee shall make a timely written request to Franchisor therefor, and, except as may be otherwise expressly provided herein, and such approval or consent must be obtained in writing and signed by an officer of Franchisor. 14.2 21.2 Franchisor makes no warranties or guarantees upon which Developer Franchisee may rely and assumes no liability or obligation to Developer Franchisee by providing any waiver, approval, consent, or suggestion to Developer Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 14.3 21.3 No delay or failure of Franchisor to exercise any right reserved to it in under this Agreement or to insist upon strict compliance by Developer Franchisee with any obligation or condition of this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to exercise such right or to demand exact compliance by Franchisee with any of the terms of this Agreementhereof. Waiver by Franchisor of any particular default by Developer of Franchisee shall not affect or impair Franchisor's rights with respect to any subsequent default of the same, similar, or a different nature; nor shall any delay, forbearance, or omission of . Subsequent acceptance by Franchisor to exercise any power or right arising out of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach or default by Developer Franchisee of any of the terms, provisionscovenants, or covenants conditions of this Agreement affect or impair Franchisor's right to exercise the same; nor shall such constitute a waiver by Franchisor of any rights hereunder or rights to declare any subsequent breach or default and to terminate this Agreement prior to the expiration of its termAgreement.

Appears in 1 contract

Samples: Development Agreement (Quality Dining Inc)

APPROVALS AND WAIVERS. 14.1 22.1 Whenever this Agreement requires the prior approval or consent of Franchisor, Developer Franchisee shall make a timely written request to Franchisor therefor, and, except as may be otherwise expressly provided herein, and such approval or consent must be obtained in writing and signed by an officer of Franchisor. 14.2 22.2 Franchisor makes no warranties or guarantees upon which Developer Franchisee may rely and assumes no liability or obligation to Developer Franchisee by providing any waiver, approval, consent, or suggestion to Developer Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 14.3 22.3 No delay or failure of Franchisor to exercise any right reserved to it in under this Agreement or to insist upon strict compliance by Developer Franchisee with any obligation or condition of this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to exercise such right or to demand exact compliance by Franchisee with any of the terms of this Agreementhereof. Waiver by Franchisor of any particular default by Developer of Franchisee shall not affect or impair Franchisor's rights with respect to any subsequent default of the same, similar, or a different nature; nor shall any delay, forbearance, or omission of . Subsequent acceptance by Franchisor to exercise any power or right arising out of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach or default by Developer Franchisee of any of the terms, provisionscovenants, or covenants conditions of this Agreement affect or impair Franchisor's right to exercise the same; nor shall such constitute a waiver by Franchisor of any rights hereunder or rights to declare any subsequent breach or default and to terminate this Agreement prior to the expiration of its termAgreement.

Appears in 1 contract

Samples: Development Agreement (Quality Dining Inc)

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APPROVALS AND WAIVERS. 14.1 21.1 Whenever this Agreement requires the prior approval or consent of Franchisor, Developer Franchisee shall make a timely written request to Franchisor therefor, and, except as may be otherwise expressly provided herein, and such approval or consent must be obtained in writing and signed by an officer of Franchisor. Franchisor shall respond to each such request in writing not later than thirty (30) days after receipt of the request for such approval or consent. 14.2 21.2 Franchisor makes no warranties or guarantees upon which Developer Franchisee may rely and assumes no liability or obligation to Developer Franchisee by providing any waiver, approval, consent, or suggestion to Developer Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 14.3 21.3 No delay or failure of Franchisor either party to exercise any right reserved to it in this Agreement or to insist upon strict compliance by Developer the other party with any obligation or condition of in this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisoreither party's right to exercise such right or to demand exact compliance by the other party with any of the terms of this Agreementhereof. Waiver by Franchisor either party of any particular default by Developer the other shall not affect or impair Franchisoreither party's rights with respect to any subsequent default of the same, similar, or a different nature; nor shall any delay, forbearance, or omission of . Subsequent acceptance by Franchisor to exercise any power or right arising out of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach or default by Developer Franchisee of any of the terms, provisionscovenants, or covenants conditions of this Agreement affect or impair Franchisor's right to exercise the same; nor shall such constitute a waiver by Franchisor of any rights hereunder or rights to declare any subsequent breach or default and to terminate this Agreement prior to the expiration of its termAgreement.

Appears in 1 contract

Samples: Affiliate Development Agreement (Quality Dining Inc)

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