Common use of Effect of Delay Clause in Contracts

Effect of Delay. Any failure or delay by the Company to exercise the Company’s right to terminate Employee's employment under this Agreement with respect to any one (1) or more of the matters referred to in Section 5.3 hereof, shall not be deemed to be a waiver by the Company of the Company’s right of termination of this Agreement in respect of that Act of Breach or incapacity (provided it shall be continuing) or of any subsequent Act of Breach or incapacity.

Effect of Delay. Any failure or delay by the Company to exercise the Company’s right to terminate Employee's employment under this Agreement with respect to any one (1) or more of the matters referred to in Section 5.3 hereof, shall not be deemed to be a waiver by the Company of the EMPLOYMENT AGREEMENT Xxx Xxxxxxx Page 2 of 6 Company’s right of termination of this Agreement in respect of that Act of Breach or incapacity (provided it shall be continuing) or of any subsequent Act of Breach or incapacity.

Effect of Delay. Any failure or delay by the Company Employee to exercise the CompanyEmployee’s right to terminate Employee's his employment under this Agreement with respect to any one (1) or more because of a substantial breach of this Agreement by the matters referred to in Section 5.3 hereofCompany, shall not be deemed to be a waiver by the Company Employee of the Company’s his right of termination of this Agreement in respect of that Act of Breach or incapacity such breach (provided it shall be continuing) or of any subsequent Act of Breach or incapacitybreach.