Delay; Waiver. No delay or omission by any party hereto to exercise any right or power accruing upon any noncompliance or default by another party with respect to any of the terms of this Easement Agreement shall impair the exercise of any such right or power or be construed to be a waiver thereof, except as otherwise herein provided. A waiver by any of the parties hereto of any of the covenants, conditions or agreements hereof to be performed by the other shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained.
Appears in 3 contracts
Samples: Parkland Development and Easement Agreement, Parkland Development and Easement Agreement, Development and Easement Agreement
Delay; Waiver. No delay or omission by any either party hereto to ------------- exercise any right or power accruing upon any noncompliance or default by another the other party with respect to any of the terms of this Easement Agreement Lease shall impair the exercise of any such right or power or otherwise be construed to be a waiver thereof, except as otherwise herein provided. A waiver by any either of the parties hereto of any of the covenants, conditions or agreements hereof to be performed by the other shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition condition, or agreement herein contained.
Appears in 2 contracts
Samples: Office Lease (Mercator Software Inc), Office Lease (Mercator Software Inc)
Delay; Waiver. No delay or omission by any either party hereto to exercise any right or power accruing upon any noncompliance or default by another the other party with respect to any of the terms of this Easement Agreement Lease shall impair the exercise of any such right or power or to be construed to be a waiver thereof, except as otherwise herein provided. A waiver by any either of the parties hereto of any of the covenants, conditions or agreements hereof to be performed by the other shall not be construed to be a waiver of any subsequent succeeding breach thereof or of any other covenant, condition or agreement herein contained.
Appears in 1 contract
Samples: Memorandum of Understanding
Delay; Waiver. No delay or omission by any either party hereto to exercise any right or power accruing upon any noncompliance or default by another the other party with respect to any of the terms of this Easement Agreement Lease shall impair the exercise of any such right or power or otherwise be construed to be a waiver thereof, except as otherwise herein provided. A waiver by any either of the parties hereto of any of the covenants, conditions or agreements hereof to be performed by the other shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained.
Appears in 1 contract