Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 271 contracts
Samples: Contribution Agreement (Flowco Holdings Inc.), Operating Agreement, Limited Liability Company Agreement (Intel Corp)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations hereunder or with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person hereunder or with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default hereunder or with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 40 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Agreement (Convergence, LLC), Limited Liability Company Agreement (Sanchez Energy Corp)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person person in the performance by that Person person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the Company. Failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 33 contracts
Samples: Operating Agreement (GolfSuites 1, Inc.), Operating Agreement (GolfSuites 1, Inc.), Operating Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company Partnership is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the CompanyPartnership. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the CompanyPartnership, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 20 contracts
Samples: Limited Partnership Agreement (ARKO Corp.), Limited Partnership Agreement (WUS Holding, L.L.C.), Limited Partnership Agreement (Broader Media Holdings, LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 19 contracts
Samples: Operating Agreement, Limited Liability Company Agreement (2420 Lakemont Avenue MM, LLC), Limited Liability Company Agreement (Grant Prideco Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company this Agreement is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companythis Agreement. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companythis Agreement, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 14 contracts
Samples: Participation Agreement (Clayton Williams Energy Inc /De), Participation Agreement (Clayton Williams Energy Inc /De), Participation Agreement (Clayton Williams Energy Inc /De)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is will not constitute a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare determine any Person to be in default with respect to the Company, irrespective of how long that such failure continues, does will not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 9 contracts
Samples: Limited Liability Company Agreement (Crestwood Midstream Partners LP), Limited Liability Company Agreement (Nextracker Inc.), Limited Liability Company Agreement (Nextracker Inc.)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company under this Agreement is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companyunder this Agreement. Failure on the part of a Person to complain of any act of any other Person or to declare any other Person in default with respect to in the Companyperformance of such other Person’s obligations under this Agreement, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-–of-–limitations period has run.
Appears in 8 contracts
Samples: Stockholders Agreement (Johnsondiversey Inc), Stockholders Agreement (Johnsondiversey Holdings Inc), Stockholders Agreement (Johnsondiversey Holdings Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is Partnership will not constitute a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the CompanyPartnership. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the CompanyPartnership, irrespective of how long that such failure continues, does will not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 7 contracts
Samples: Limited Partnership Agreement (Calpine Corp), Limited Partnership Agreement (Calpine Corp), Limited Partnership Agreement (Calpine Corp)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company Partnership is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the CompanyPartnership. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the CompanyPartnership, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-statute of-limitations period has run.
Appears in 6 contracts
Samples: Limited Partnership Agreement (Duncan Energy Partners L.P.), Agreement of Limited Partnership (Duncan Energy Partners L.P.), Agreement of Limited Partnership (Duncan Energy Partners L.P.)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 4 contracts
Samples: Operating Agreement (RCN Corp /De/), Operating Agreement (RCN Corp /De/), Operating Agreement (RCN Corp /De/)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companycompany. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, of or to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent to or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any other Person or to declare any other Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Exopack Holding Corp), Limited Liability Company Agreement (Exopack Holding Corp), Limited Liability Company Agreement (Exopack Holding Corp)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is will not constitute a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that such failure continues, does will not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 4 contracts
Samples: Operating Agreement (Cleco Power LLC), Operating Agreement (Cleco Power LLC), Operating Agreement
Effect of Waiver or Consent. A waiver or consent, express or --------------------------- implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Stein Avy H), Limited Liability Company Agreement (Stein Avy H), Limited Liability Company Agreement (Stein Avy H)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver wavier to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 3 contracts
Samples: Operating Agreement (Public Service Co of North Carolina Inc), Operating Agreement (Public Service Co of North Carolina Inc), Operating Agreement (Public Service Co of North Carolina Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company Partnership is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the CompanyPartnership. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the CompanyPartnership, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 3 contracts
Samples: Limited Partnership Agreement (Merry Maids Limited Partnership), Limited Partnership Agreement (Merry Maids Limited Partnership), Limited Partnership Agreement (Dorchester Minerals Lp)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-of- limitations period has run.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Kaiser Texas Sierra Micromills LLC), Limited Liability Company Agreement (Kaiser Texas Sierra Micromills LLC), Limited Liability Company Agreement (Overseas Shipholding Group Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent to or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Mariner Energy LLC), Limited Liability Company Agreement (Kaneb Services LLC), Limited Liability Company Agreement (Trenwick America LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run. The holders of a majority of Voting Units may waive the Company’s compliance with any of its covenants hereunder so long as the effect of such waiver affects all holders of Class A Units in the same manner.
Appears in 2 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, implied to or of any breach or default by any Person in the performance by that Person of its its, his or her obligations with respect to the Company hereunder is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companyhereunder. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companyhereunder, irrespective of how long that failure continues, does not constitute a waiver by that Person of its his or her rights with respect to that default until the applicable statute-of-of limitations period has run.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement (Helix Biomedix Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company hereunder is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companyhereunder. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companyhereunder, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 2 contracts
Samples: License Agreement (Nstar/Ma), Joint Investment and Non Competition Agreement (RCN Corp /De/)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is will not constitute a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of object to any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that such failure continues, does will not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Signal Genetics LLC), Limited Liability Company Agreement (Signal Genetics LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company hereunder is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companyhereunder. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companytheir obligations hereunder, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 2 contracts
Samples: Investor Rights Agreement (Oncor Electric Delivery Co LLC), Contribution and Subscription Agreement (Oncor Electric Delivery Co LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run. The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such provision and shall not affect the right of such party thereafter to enforce each provision of this Agreement in accordance with its terms.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Global Technologies LTD), Limited Liability Company Agreement (Edison Nation, Inc.)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default Breach by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default Breach in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any other Person or to declare any Person in default Breach with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default Breach until the applicable statute-of-limitations period has run.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (El Paso Corp/De), Limited Liability Company Agreement (Enterprise Products Partners L P)
Effect of Waiver or Consent. A waiver or consent, express or --------------------------- implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Dorchester Minerals Lp), Limited Liability Company Agreement (New Millennium Homes LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company LLC is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the CompanyLLC. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the CompanyLLC, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Grant Prideco Inc), Limited Liability Company Agreement (Grant Prideco Finance LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person Member in the performance by that Person Member of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person Member of the same or any other obligations of that Person Member with respect to the Company. Failure on the part of a Person Member or the Company to complain of any act of any Person other Member or to declare any Person Member in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Dynegy Inc /Il/), Limited Liability Company Agreement (Dynegy Inc /Il/)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is this Agreement shall not be a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companythis Agreement. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the period of the applicable statute-of-statute of limitations period has run.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement (Elk Horn Coal Co LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company Partnership is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the CompanyPartnership. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the CompanyPartnership, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Athlon Energy Inc.), Limited Partnership Agreement (Athlon Energy Inc.)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is hereunder will not constitute a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companyhereunder. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that such failure continues, does will not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Cipher Mining Inc.), Limited Liability Company Agreement (Seaspan CORP)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company this Agreement is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companythis Agreement. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companythis Agreement, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.. Xxxxxxx Area Participation Agreement.doc
Appears in 1 contract
Samples: Participation Agreement (Clayton Williams Energy Inc /De)
Effect of Waiver or Consent. A waiver or consent, express or --------------------------- implied, to or of any breach or default by any Person person in the performance by that Person person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the Company. Failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Securities Holders Agreement (Internet Capital Group Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other 32 breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run. Any waiver or consent to be provided hereunder must be in writing to be enforceable against the party making such waiver or providing such consent.
Appears in 1 contract
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company under this Agreement is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companyunder this Agreement. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companyits obligations under this Agreement, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Virginia Electric & Power Co)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any ofany breach or default by any Person person in the performance by that Person person of its Its obligations with respect to the Company is not a consent or waiver to or of any ofany other breach or default in the performance by that Person of the person ofthe same or any other obligations of that Person person with respect to the Company. Failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its rights with respect to that default until the applicable statute-of-limitations of-1 imitations period has run.
Appears in 1 contract
Samples: Company Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that such Person of its such Person’s obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that such Person of the same or any other obligations of that such Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that such Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Fortis Minerals, LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare & chat any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the period of the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Operating Agreement (Ryerson International Material Management Services, Inc.)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company hereunder is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companyhereunder. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companyany of its obligations hereunder, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (MediaAlpha, Inc.)
Effect of Waiver or Consent. A waiver consent or consentwaiver, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of or how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Grant Prideco Finance LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that such Person of its obligations with respect to the Company is shall not be a consent or waiver to or of any other breach or default in the performance by that such Person of the same or any other obligations of that such Person with respect to the Company. Failure on the part of a Person to complain of any act or omission of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does shall not constitute a waiver by that such Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Scotia Pacific Co LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person person in the performance by that Person person of its obligations with respect to the Company is will not constitute a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the Company. Failure Unless otherwise provided herein, failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the Company, irrespective of how long that such failure continues, does will not constitute a waiver by that Person person of its rights with respect to that default until the applicable statute-of-limitations period has runexpired.
Appears in 1 contract
Effect of Waiver or Consent. A waiver or consent, consent express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the period of the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Operating Agreement (Rodman & Renshaw Capital Group, Inc.)
Effect of Waiver or Consent. A waiver or consent, express or implied, implied to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (EES Leasing, LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations of-1imitations period has run.
Appears in 1 contract
Effect of Waiver or Consent. A waiver or consent, . express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Operating Agreement (Ashton Houston Residential L.L.C.)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company this Agreement is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companythis Agreement. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companythis Agreement, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.. N LA Hosston-CV III Participation Agreement.doc
Appears in 1 contract
Samples: Participation Agreement (Clayton Williams Energy Inc /De)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that such Person of its obligations with respect to the Company is shall not be a consent or waiver to or of any other breach or default in the performance by that such Person of the same or any other obligations of that such Person with respect to the Company. Failure on the part of a Person to complain of any act or omission of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does shall not constitute a waiver by that such Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Operating Agreement (Entrade Inc)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.. 13.5
Appears in 1 contract
Samples: Limited Liability Company Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person person in the performance by that Person person of its any obligations with respect to the Company LLC is not a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the CompanyLLC. Failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the CompanyLLC, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its his rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person person in the performance by that Person person of its obligations with respect to the Company company is not a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the Companycompany. Failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the Companycompany, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its rights with respect to that default until the period of the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Operating Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company this Agreement is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companythis Agreement. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companythis Agreement, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.. N LA Bossier III Participation Agreement.doc
Appears in 1 contract
Samples: Participation Agreement (Clayton Williams Energy Inc /De)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person person in the performance by that Person person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the Company. Failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its rights with respect to that default until the applicable statute-of-limitations statute‐of‐limitations period has run.
Appears in 1 contract
Samples: Company Agreement (Deeproot Growth Runs Deep Fund, LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Company Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long howlong that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (AleAnna Energy, LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person person in the performance by that Person person of its obligations with respect to the Company Fund is not a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the CompanyFund. Failure on the part of a Person person to complain of any act of any Person person or to declare any Person person in default with respect to the CompanyFund, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Operating Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the period of the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of his or its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of his or its rights with respect to that default until the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Company Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company Trust is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the CompanyTrust. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the CompanyTrust, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-statute- of-limitations period has run.
Appears in 1 contract
Samples: Operating Agreement
Effect of Waiver or Consent. A waiver or consent, express or implied, of or to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Atlas Energy Solutions Inc.)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company this Agreement is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Companythis Agreement. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Companythis Agreement, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-statute of limitations period has run.. Xxxxxxxx Co Area Participation Agreement.doc
Appears in 1 contract
Samples: Participation Agreement (Clayton Williams Energy Inc /De)
Effect of Waiver or Consent. A waiver or consent, ___________________________ express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does not constitute a waiver by that Person of its rights with respect to that default until the period of the applicable statute-of-statute of limitations period has run.
Appears in 1 contract
Samples: Operating Agreement (Union National Financial Corp / Pa)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person in the performance by that Person of its obligations with respect to the Company is not a consent or waiver to or of any other breach or default in the performance by that Person of the same or any other obligations of that Person with respect to the Company. Failure on the part of a Person to complain of any act of any Person or to declare any Person in default with respect to the Company, irrespective of how long that failure continues, does docs not constitute a waiver by that Person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (NRG Retail LLC)
Effect of Waiver or Consent. A waiver or consent, express or implied, to or of any breach or default by any Person person in the performance by that Person person of its obligations with respect to the Company LLC is not a consent or waiver to or of any other breach or default in the performance by that Person person of the same or any other obligations of that Person person with respect to the CompanyLLC. Failure on the part of a Person person to complain of any an act of any Person person or to declare any Person person in default with respect to the CompanyLLC, irrespective of how long that failure continues, does not constitute a waiver by that Person person of its rights with respect to that default until the applicable statute-of-limitations period has run.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Selective Insurance Group Inc)