Common use of Benefit and waiver of conditions precedent Clause in Contracts

Benefit and waiver of conditions precedent. (a) The Condition in clause 3.1(b) is for the benefit of each party and any breach or non- fulfilment of it may only be waived (if capable of waiver) with the written consent of both parties, which consent either party may give or withhold in its absolute discretion. (b) The Conditions in clauses 3.1(m), 3.1(o), 3.1(q), 3.1(s) and 3.1(u) are for the sole benefit of URI and any breach or non-fulfilment of them may only be waived by URI giving its written consent. (c) The Conditions in clauses 3.1(l), 3.1(n), 3.1(p), 3.1(r) and 3.1(t) are for the sole benefit of Anatolia and any breach or non-fulfilment of them may only be waived by Anatolia giving its written consent. (d) A party entitled to waive a Condition pursuant to this clause 3.2 may do so in its absolute discretion subject to the provision of written notice to the other party. Any waiver of a Condition by a party for whose benefit the Condition applies must take place on or prior to 8.00am on the Second Court Date. The Conditions in clauses 3.1(a), 3.1(c), 3.1(d), 3.1(e), 3.1(f), 3.1(g), 3.1(h), 3.1(i), 3.1(j) and 3.1(k) cannot be waived. (e) If a party waives the breach or non-fulfilment of any of the Conditions in clause 3.1, that waiver will not preclude it from suing the other party for any breach of this agreement including without limitation a breach that resulted in the non-fulfilment of the Condition that was waived. (f) Waiver of a breach or non-fulfilment in respect of one Condition does not constitute; (i) a waiver of breach or non-fulfilment of any other Condition resulting from the same event; or (ii) a waiver of breach or non-fulfilment of that Condition resulting from any other event.

Appears in 1 contract

Samples: Scheme Implementation Agreement

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Benefit and waiver of conditions precedent. (a) The Condition in clause 3.1(b) is for the benefit of each party and any breach or non- non-fulfilment of it may only be waived (if capable of waiver) with the written consent of both parties, which consent either party may give or withhold in its absolute discretion. (b) The Conditions in clauses 3.1(m), 3.1(o), 3.1(q), 3.1(s) and 3.1(u) are for the sole benefit of URI and any breach or non-fulfilment of them may only be waived by URI giving its written consent. (c) The Conditions in clauses 3.1(l), 3.1(n), 3.1(p), 3.1(r) and 3.1(t) are for the sole benefit of Anatolia and any breach or non-fulfilment of them may only be waived by Anatolia giving its written consent. (d) A party entitled to waive a Condition pursuant to this clause 3.2 may do so in its absolute discretion subject to the provision of written notice to the other party. Any waiver of a Condition by a party for whose benefit the Condition applies must take place on or prior to 8.00am on the Second Court Date. The Conditions in clauses 3.1(a), 3.1(c), 3.1(d), 3.1(e), 3.1(f), 3.1(g), 3.1(h), 3.1(i), 3.1(j) and 3.1(k) cannot be waived. (e) If a party waives the breach or non-fulfilment of any of the Conditions in clause 3.1, that waiver will not preclude it from suing the other party for any breach of this agreement including without limitation a breach that resulted in the non-fulfilment of the Condition that was waived. (f) Waiver of a breach or non-fulfilment in respect of one Condition does not constitute; (i) a waiver of breach or non-fulfilment of any other Condition resulting from the same event; or (ii) a waiver of breach or non-fulfilment of that Condition resulting from any other event.

Appears in 1 contract

Samples: Scheme Implementation Agreement (Uranium Resources Inc /De/)

Benefit and waiver of conditions precedent. (a) The Condition Conditions Precedent in clause 3.1(b) is 3.3 are for the benefit of each party of Bidder and any breach or non- fulfilment of it may only be waived (if capable of waiver) with the written consent of both parties, which consent either party may give or withhold in its absolute discretion. (b) The Conditions in clauses 3.1(m), 3.1(o), 3.1(q), 3.1(s) and 3.1(u) are for the sole benefit of URI Target and any breach or non-fulfilment of them any of the Conditions Precedent in: (i) clauses 3.3(a), 3.3(b), 3.3(c) and 3.3(d) cannot be waived; and (ii) clause 3.3(e) may only be waived by URI giving its with the written consentconsent of both the Bidder and Target. (cb) The Conditions Precedent in clauses 3.1(l), 3.1(n), 3.1(p), 3.1(r) and 3.1(t) clause 3.4 are for the sole benefit of Anatolia Bidder, and any breach or non-fulfilment of them any of those Conditions Precedent may only be waived in writing by Anatolia giving its written consentBidder. (dc) A party entitled to waive the breach or non-fulfilment of a Condition Precedent pursuant to this clause 3.2 3.5 may do so in its absolute discretion subject to the provision of written notice to the other party. Any waiver of a Condition by a party for whose benefit the Condition applies must take place on or prior to 8.00am on the Second Court Date. The Conditions in clauses 3.1(a), 3.1(c), 3.1(d), 3.1(e), 3.1(f), 3.1(g), 3.1(h), 3.1(i), 3.1(j) and 3.1(k) cannot be waiveddiscretion. (ed) If a party waives the breach or non-fulfilment of any of the Conditions in clause 3.1a Condition Precedent, that waiver will not preclude it from suing the other a party for any breach of this agreement including without limitation a constituted by the same event that gave rise to the breach that resulted in the or non-fulfilment of the Condition that was waivedPrecedent. (fe) Waiver of a breach or non-fulfilment in respect of one Condition Precedent does not constitute;: (i) a waiver of breach or non-fulfilment of any other Condition Precedent resulting from the same eventevents or circumstances; or (ii) a waiver of breach or non-fulfilment of that Condition Precedent resulting from any other eventevent or circumstance.

Appears in 1 contract

Samples: Scheme Implementation Agreement

Benefit and waiver of conditions precedent. (a) The Condition Conditions in clause clauses 3.1(a), 3.1(b), 3.1(c), 3.1(d) is and 3.1(e) are for the benefit of each party both parties and any breach or non- fulfilment non-satisfaction of it any of them may only be waived (if capable of waiver) in accordance with applicable law and with the written consent agreement of both parties, which consent either party may give or withhold in its absolute discretion. (b) The Conditions in clauses 3.1(m3.1(f), 3.1(o3.1(h), 3.1(q3.1(j), 3.1(s3.1(l) and 3.1(u3.1(n) are for the sole benefit of URI Superloop and any breach or non-fulfilment satisfaction of any of them may only be waived by URI giving its written consentSuperloop in writing. (c) The Conditions in clauses 3.1(l3.1(g), 3.1(n3.1(i), 3.1(p), 3.1(r3.1(k) and 3.1(t3.1(m) are for the sole benefit of Anatolia BigAir and any breach or non-fulfilment satisfaction of any of them may only be waived by Anatolia giving its written consentXxxXxx in writing. (d) A party entitled to waive the breach or non-satisfaction of a Condition pursuant to this clause 3.2 3.3 (either individually or jointly) may do so in its absolute discretion subject to the provision of written notice to the other party. discretion. (e) Any waiver of the breach or non-satisfaction of a Condition by a party for whose benefit the Condition applies must take place who is entitled to do so pursuant to this clause 3.3 is only effective if such waiver is given on or prior to 8.00am on the Second Court Date. The Conditions in clauses 3.1(a3.1(b), 3.1(c), 3.1(d), 3.1(e), 3.1(f), 3.1(g), 3.1(h), 3.1(i), 3.1(j) and 3.1(k3.1(e) cannot be waived. (ef) If a party waives the breach or non-fulfilment satisfaction of any of the Conditions in clause 3.1Condition, that waiver will not preclude it from suing the other party for any breach of this agreement deed including without limitation a breach that resulted in the non-fulfilment satisfaction of the Condition that was waived. (fg) Waiver of a breach or non-fulfilment in respect of one Condition does not constitute;: (i) a waiver of breach or non-fulfilment of any other Condition resulting from the same event; or (ii) a waiver of breach or non-fulfilment of that Condition resulting arising from any other event.

Appears in 1 contract

Samples: Scheme Implementation Deed

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Benefit and waiver of conditions precedent. (a) The Condition Conditions in clause clauses 3.1(a), 3.1(b), 3.1(c), 3.1(d) is and 3.1(f) are for the benefit of each party the Scheme Parties and any breach or non- fulfilment non-satisfaction of it any of them may only be waived (if capable of waiver) in accordance with applicable law and with the written consent agreement of both parties, which consent either party may give or withhold in its absolute discretionthe Scheme Parties. (b) The Conditions in clauses 3.1(m), 3.1(o), 3.1(q), 3.1(s3.1(e) and 3.1(u3.1(j) are for the sole benefit of URI QMS and any breach or non-fulfilment satisfaction of any of them may only be waived by URI giving its written consentQMS in writing. (c) The Conditions in clauses 3.1(l3.1(g), 3.1(n3.1(h), 3.1(p3.1(i), 3.1(r3.1(k) and 3.1(t3.1(l) are for the sole benefit of Anatolia Bidder and any breach or non-fulfilment satisfaction of any of them may only be waived by Anatolia giving its written consentBidder in writing. (d) A party entitled to waive the breach or non-satisfaction of a Condition pursuant to this clause 3.2 3.2(a) (either individually or jointly) may do so in its absolute discretion subject to the provision of written notice to the other party. discretion. (e) Any waiver of the breach or non-satisfaction of a Condition by a party for whose benefit the Condition applies must take place who is entitled to do so pursuant to clause 3.2(a) is only effective if such waiver is given on or prior to 8.00am on the Second Court Date. The Conditions in clauses 3.1(a), 3.1(c), 3.1(d), 3.1(e), 3.1(f), 3.1(g), 3.1(h), 3.1(i), 3.1(j) and 3.1(k) cannot be waived. (ef) If a party waives the breach or non-fulfilment satisfaction of any of the Conditions in clause 3.1Condition, that waiver will not preclude it from suing the other another party for any breach of this agreement deed including without limitation a breach that resulted in the non-fulfilment satisfaction of the Condition that was waived. (fg) Waiver of a breach or non-fulfilment satisfaction in respect of one Condition does not constitute;: (i) a waiver of breach or non-fulfilment satisfaction of any other Condition resulting from the same event; or (ii) a waiver of breach or non-fulfilment satisfaction of that Condition resulting arising from any other event.

Appears in 1 contract

Samples: Scheme Implementation Deed

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