Delay Not Waiver. It is understood and agreed that any delay, waiver or omission by Owner or Contractor to exercise any right or power arising from any breach or default by Contractor or Owner in any of the terms, provisions or covenants of this Agreement shall not be construed to be a waiver by Owner or Contractor of any subsequent breach or default of the same or other terms, provisions or covenants on the part of Contractor or Owner.
Appears in 4 contracts
Samples: Engineering, Procurement and Construction Services Agreement (Aes Red Oak LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC)
Delay Not Waiver. It is understood and agreed that any delay, waiver or omission by Owner Client or Contractor to exercise any right or power arising from any breach or default by Contractor or Owner Client in any of the terms, provisions or covenants of this the Agreement shall not be construed to be a waiver by Owner Client or Contractor of any subsequent breach or default of the same or other terms, provisions or covenants on the part of Contractor or OwnerClient.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement (BioFuel Energy Corp.), Engineering, Procurement and Construction Agreement (BioFuel Energy Corp.)
Delay Not Waiver. It is understood and agreed that any delay, waiver or omission by Owner or Contractor to exercise any right or power arising from any breach or default by Contractor or Owner in any of the terms, provisions or covenants of this Agreement the Contract shall not be construed to be a waiver by Owner or Contractor of any subsequent breach or default of the same or other terms, provisions or covenants on the part of Contractor or Owner.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement
