Custom. All parties to this Agreement shall have the right at all times to enforce the provisions contained in this Agreement, and in all other agreements and documents required or provided for herein, in strict accordance with the terms thereof, notwithstanding any custom or practice in the area or any conduct or continuing conduct on the part of any party hereto to the contrary unless expressly agreed to in writing. The failure of any party hereto, at any time or from time to time, to enforce any of its rights under any provision herein, strictly in accordance with the same, shall not be construed as varying the terms hereof, in any way or manner, contrary to the specific provisions of this Agreement or be construed as modifying or waiving such provision.
Appears in 5 contracts
Samples: Design and Development Agreement (SBS Interactive Co), License Agreement (Desert West Marketing Inc), License Agreement (Aviation Upgrade Technologies Inc)
Custom. All The parties to this Agreement shall have the right at all times to enforce the provisions contained in this Agreement, and in all other agreements and documents required or provided for herein, in strict accordance with the terms thereof, notwithstanding any custom or practice in the area or any conduct or continuing conduct on the part of any either party hereto to the contrary unless expressly agreed to in writing. The failure of any either party hereto, at any time or from time to time, to enforce any of its rights under any provision herein, strictly in accordance with the same, shall not be construed as varying the terms hereof, in any way or manner, contrary to the specific provisions of this Agreement or be construed as modifying or waiving such provision.
Appears in 2 contracts
Samples: License, Development and Distribution Agreement (Treasure Mountain Holdings Inc), License, Development and Distribution Agreement (Vyteris Holdings, Inc.)