Delays and Waivers Sample Clauses

Delays and Waivers. The failure of any Party to immediately or contemporaneously insist in any one or more instances upon the performance, or alleged lack of performance, of any of the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any other term, covenant, or condition; but the defaulting party’s obligation with respect to future performance of any other terms shall remain in full force and effect. The failure of any Party to take any action permitted by this Agreement shall not be construed as a waiver or relinquishment of the Party’s right thereafter to take such action.
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Delays and Waivers. No delay or omission by Agent, Collateral Agent, Arranger or Lenders to exercise any right under this Agreement, the Collateral Documents or any instrument or agreement contemplated hereunder or thereunder shall impair any such right, nor shall it be construed to be a waiver thereof. No waiver of any single breach or default under this Agreement shall be deemed a waiver of any other breach or default. Any waiver, consent or approval under this Agreement must be in writing to be effective.
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Delays and Waivers. No delay or omission by the Banks to exercise any right under this Agreement shall impair any such right, nor shall it be construed to be a waiver thereof. No waiver of any single breach or default under this Agreement shall be deemed a waiver of any other breach or default. Any waiver, modification, amendment, consent or approval relating to this Agreement or the Notes, must be in writing to be effective and must be signed by or on behalf of the Banks.
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Delays and Waivers. The Secretary of the Department or his designee may by written notice waive or delay the imposition of any and all liquidated damages as to the breach of a particular obligation, if in the Secretary's or his designee's opinion the events causing the Contractor to be liable for any liquidated damage or liquidated damages were beyond the control of the Contractor. The Secretary of the Department or his designee shall be the sole determiner of such delays and/or waivers and shall exercise this authority in the best interest of the State. Review of this decision shall be in accordance with the Resolution of Disputes as provided for in Article VIII, Section H of this Agreement.
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Delays and Waivers. All waivers under this Agreement shall be in writing. The delay or omission by Xxxxxx Xxxxxx or XxXxxxxx Technologies in exercising any right or remedy hereunder shall not be a waiver thereof or of any other right or remedy in the future. All rights and remedies of Xxxxxx Xxxxxx and XxXxxxxx Technologies under and pursuant to this Agreement are cumulative. 33. Secrecy: Xxxxxx Xxxxxx and XxXxxxxx Technologies agree that the timing and content of any release of information to the public or other third parties with respect to this Agreement shall be only as mutually agreed in writing between the parties. XxXxxxxx Technologies hereby designates Xxxxx XxXxxx as its representative to address all inquiries from third parties concerning this Agreement. Xxxxxx Xxxxxx hereby designates Xxxx X. Xxxx as its representative to address all inquiries from third parties concerning this Agreement.
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Delays and Waivers. No delay or omission by Agent, Collateral Agent or Banks to exercise any right under this Agreement, the Collateral Documents or any instrument or agreement contemplated hereunder or thereunder shall impair any such right, nor shall it be construed to be a
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Delays and Waivers. No delay or omission by the Agent or the Banks to ------------------ exercise any right under this Agreement shall impair any such right, nor shall it be construed to be a waiver thereof. No waiver of any single breach or default under this Agreement shall be deemed a waiver of any other breach or default. Any waiver, modification, amendment, consent or approval relating to this Agreement or the Notes must be in writing to be effective and must be signed by or on behalf of the Required Banks or all the Banks as the case may be, as provided in Section 10(d).
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Delays and Waivers. No delay or omission to exercise any right, power or remedy accruing to Lender on any breach or default of BORROWER under this AGREEMENT shall impair any such right, power or remedy of LENDER, nor shall it be construed to be a waiver of any such breach or default, or acquiescence in any such breach or default occurring later; nor shall any waiver of any single breach or default be considered waiver of any other prior or subsequent breach or default. Any waiver, permit, consent or approval of any kind by LENDER of any breach or default under this AGREEMENT, or any waiver by LENDER of any provision or condition of this AGREEMENT, must be in writing and shall be effective only to the extent specifically set forth in that writing.
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Related to Delays and Waivers

  • Variations and Waivers 22.1 No variation of this Agreement shall be effective unless made in writing signed by or on behalf of all the parties and expressed to be such a variation.

  • Consents and Waivers No consent or waiver expressed or implied by either Party in respect of any breach or default by the other in the performance by such other of its obligations hereunder shall:

  • Amendments and Waivers (a) If the ICANN Board of Directors determines that an amendment to this Agreement (including to the Specifications referred to herein) and all other registry agreements between ICANN and the Applicable Registry Operators (the “Applicable Registry Agreements”) is desirable (each, a “Special Amendment”), ICANN may adopt a Special Amendment pursuant to the requirements of and process set forth in this Section 7.6; provided that a Special Amendment may not be a Restricted Amendment.

  • Modifications and Waivers No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.

  • Disclaimers and Waivers LESSOR AND LESSEE AGREE THAT THE DISCLAIMERS, WAIVERS AND CONFIRMATIONS SET FORTH IN CLAUSES 16.1 TO 16.4 BELOW SHALL APPLY AT ALL TIMES DURING THE TERM. LESSEE'S ACCEPTANCE OF THE AIRCRAFT IN ACCORDANCE WITH SECTION 4.3 SHALL BE CONCLUSIVE EVIDENCE THAT -58- LESSEE HAS FULLY INSPECTED THE AIRCRAFT AND EVERY PART THEREOF AND THAT THE AIRCRAFT, THE ENGINES, THE PARTS AND THE AIRCRAFT DOCUMENTS AND RECORDS ARE TECHNICALLY ACCEPTABLE TO LESSEE AND SATISFY THE DELIVERY CONDITION REQUIREMENTS AND ARE IN SUITABLE CONDITION FOR DELIVERY TO AND ACCEPTANCE BY LESSEE.

  • Extensions and Waivers At any time prior to the Closing, the parties hereto entitled to the benefits of a term or provision may (a) extend the time for the performance of any of the obligations or other acts of the parties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered pursuant hereto, or (c) waive compliance with any obligation, covenant, agreement or condition contained herein. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an instrument or instruments in writing signed by the party against whom enforcement of any such extension or waiver is sought. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant or agreement.

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • Rights and Waivers All rights and remedies of the parties are separate and cumulative, and none of them, whether exercised or not, shall be deemed to be to the exclusion of any other rights or remedies or shall be deemed to limit or prejudice any other legal or equitable rights or remedies which either of the parties may have.

  • Modification and Waivers The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

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