Common use of Delays or Omissions; Waivers Clause in Contracts

Delays or Omissions; Waivers. No failure on the part of either Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 44 contracts

Samples: Registry Agreement (Verisign Inc/Ca), Registry Registrar Agreement, Registry Registrar Agreement

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Delays or Omissions; Waivers. No failure on the part of either any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.

Appears in 11 contracts

Samples: Customer Master Agreement, Reseller Master Agreement, Reseller Master Agreement

Delays or Omissions; Waivers. No failure on the part of either Party .IN Registry to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party IN Registry in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party Neither .IN Registry nor its Registry Services Provider shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Partyparty; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 5 contracts

Samples: Registrar Accreditation Agreement, Registrar Accreditation Agreement, In Registrar Accreditation Agreement

Delays or Omissions; Waivers. No failure on the part of either any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.

Appears in 5 contracts

Samples: Domain Registrant Agreement, Domain Registrant Agreement, Domain Registrant Agreement

Delays or Omissions; Waivers. No failure on the part of either Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Neither Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 4 contracts

Samples: Registry Registrar Agreement, Registry Registrar Agreement, Registry Registrar Agreement

Delays or Omissions; Waivers. No failure on the part of either Party any party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party any party in exercising any power, right, privilege or remedy under this Agreement, Agreement shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Partyparty; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 3 contracts

Samples: Authorized Reseller Agreement, Authorized Reseller Agreement, Registration Service Provider Agreement

Delays or Omissions; Waivers. No failure on the part of either Party Registry to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party Registry in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party Registry shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Partyparty; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 3 contracts

Samples: Registry Registrar Agreement, Registry Registrar Agreement, Registry Registrar Agreement

Delays or Omissions; Waivers. No failure on the part of either Party to exercise any power, right, privilege privilege, or remedy under this Agreement, and no delay on the part of either Party in exercising any power, right, privilege privilege, or remedy under this Agreement, shall operate as a waiver of such power, right, privilege privilege, or remedy; and no single or partial exercise or waiver of any such power, right, privilege privilege, or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege privilege, or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege privilege, or remedy under this Agreement, unless the waiver of such claim, power, right, privilege privilege, or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 2 contracts

Samples: Registry Registrar Agreement, Registry Registrar Agreement

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Delays or Omissions; Waivers. No failure on the part of either any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 2 contracts

Samples: Registrar License and Agreement, Registrar License and Agreement (Network Solutions Inc /De/)

Delays or Omissions; Waivers. No failure on the part of either Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. Limitation of Liability.

Appears in 1 contract

Samples: Registry Agreement

Delays or Omissions; Waivers. No failure on the part of either Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy; and no single or partial exercise of waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 1 contract

Samples: Registrar License and Agreement (Register Com Inc)

Delays or Omissions; Waivers. No During the tenure of this Agreement, no failure on the part of either Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under the this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 1 contract

Samples: Registry and Distribution Services Agreement

Delays or Omissions; Waivers. No failure on the part of either Party Afilias or any Registry to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of either Party Afilias or any Registry in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party Neither Afilias nor any Registry shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Partyparty; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 1 contract

Samples: Master Registrar Access Agreement

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