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.
Appears in 1 contract
Samples: Settlement Agreement
Delays and Waivers. The failure of any Party party to immediately or contemporaneously insist in any one or more instances upon the performance, or alleged lack of performance, performance of any of the terms, covenants, covenants or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any other term, covenant, covenant or condition; , but the defaulting party’s obligation with respect to future performance of any other terms shall remain continue in full force and effect. The failure of any Party party to take any action permitted by this Agreement to be taken by it shall not be construed as a waiver or relinquishment of the Party’s its right thereafter to take such action.
Appears in 1 contract
Delays and Waivers. The failure of any Party party to immediately or contemporaneously insist in any one or more instances upon the performance, or alleged lack of performance, performance of any of the terms, covenants, covenants or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any other term, covenant, covenant or condition; , but the defaulting party’s 's obligation with respect to future performance of any other terms shall remain continue in full force and effect. The failure of any Party party to take any action permitted by this Agreement to be taken by it shall not be construed as a waiver or relinquishment of the Party’s its right thereafter to take such action.
Appears in 1 contract
Delays and Waivers. The failure of any Party party to immediately or contemporaneously insist in any one or more instances upon the performance, or alleged lack of performance, performance of any of the terms, covenants, covenants or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any other term, covenant, covenant or condition; , but the defaulting party’s 's obligation with respect to future performance of any other terms shall remain continue in full force and effect. The failure of any Party party to take any action permitted by this Agreement 2 <PAGE> to be taken by it shall not be construed as a waiver or relinquishment of the Party’s its right thereafter to take such action.
Appears in 1 contract
Samples: Procurement and Disbursement and Billing and Collection Services Agreement
Delays and Waivers. The failure of any either Party to immediately or contemporaneously insist in any one or more instances upon the performance, or alleged lack of performance, performance of any of the terms, covenants, covenants or conditions of this Agreement Amendment shall not be construed as a waiver or relinquishment of the future performance of any other term, covenant, covenant or condition; but , and the defaulting partyParty’s obligation with respect to future performance of any other terms shall remain continue in full force and effect. The failure of any either Party to take any action permitted by this Agreement Amendment to be taken by it shall not be construed as a waiver or relinquishment of the Party’s its right thereafter to take such action.
Appears in 1 contract
Samples: Standard Agreement (Nic Inc)
Delays and Waivers. The failure of any either Party to immediately or contemporaneously insist in any one or more instances upon the performance, or alleged lack of performance, performance of any of the terms, covenants, covenants or conditions of this Agreement Contract shall not be construed as a waiver or relinquishment of the future performance of any other term, covenant, covenant or condition; , but the defaulting partyParty’s obligation with respect to future performance of any other terms term shall remain continue in full force and effect. The failure of any either Party to take any action permitted to be taken by it by this Agreement Contract shall not be construed as a waiver or relinquishment of the that Party’s right thereafter to take such action.
Appears in 1 contract
Samples: Power Sales Contract
Delays and Waivers. The failure of any either Party to immediately or contemporaneously insist in any one or more instances upon the performance, or alleged lack of performance, performance of any of the terms, covenants, covenants or conditions of this Agreement Contract shall not be construed as a waiver or relinquishment of the future performance of any other term, covenant, or condition; , but the defaulting partyParty’s obligation with respect to future performance of any other terms term shall remain continue in full force and effect. The failure of any either Party to take any action permitted to be taken by it by this Agreement Contract shall not be construed as a waiver or relinquishment of the that Party’s right thereafter to take such action.
Appears in 1 contract
Samples: Power Sales Contract