Common use of Effect of Waiver or Consent Clause in Contracts

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 133 contracts

Samples: Services and Employee Secondment Agreement (DCP Midstream, LP), Omnibus Agreement, Omnibus Agreement

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Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 44 contracts

Samples: Omnibus Agreement, Omnibus Agreement (Alliance Holdings GP, L.P.), Omnibus Agreement (Crosstex Energy Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person party in the performance by such Person party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 33 contracts

Samples: Omnibus Agreement (Atlas Energy Resources, LLC), Master Natural Gas Gathering Agreement (Atlas America Series 27-2006 LP), Master Natural Gas Gathering Agreement (Atlas Energy Resources, LLC)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party of or to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver of or to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 26 contracts

Samples: Services Agreement, Transitional Omnibus Agreement (CrossAmerica Partners LP), Omnibus Agreement (CrossAmerica Partners LP)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person Party in the performance by such Person Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person Party of the same or any other obligations of such Person Party hereunder. Failure on the part of a Party to complain of any act of any Person Party or to declare any Person Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 8 contracts

Samples: Administrative Services Agreement (Pioneer Southwest Energy Partners L.P.), Administrative Services Agreement (Pioneer Southwest Energy Partners L.P.), Membership Interest Sale Agreement (Pioneer Southwest Energy Partners L.P.)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person other Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 7 contracts

Samples: Employee Secondment Agreement, Employee Secondment Agreement, Employee Transfer Agreement

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person party in the performance by such Person party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person party of the same or any other obligations of such Person party hereunder. Failure on the part of a Party party to complain of any act of any Person the other party or to declare any Person the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 4 contracts

Samples: Distribution Support Agreement (Atlas Pipeline Partners Lp), Distribution Support Agreement (Atlas Pipeline Partners Lp), Distribution Support Agreement (Atlas Pipeline Partners Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to this Agreement or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 3 contracts

Samples: Intellectual Property and Trademark License Agreement (Sunoco Logistics Partners Lp), Intellectual Property and Trademark License Agreement (Sunoco Logistics Partners Lp), Omnibus Agreement (Sunoco Logistics Partners Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person the other Party in the performance by such Person Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person Party of the same or any other obligations of such Person Party hereunder. Failure on the part of a Party to complain of any act of any Person the other Party or to declare any Person Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 3 contracts

Samples: Omnibus Operating Agreement (Pioneer Southwest Energy Partners L.P.), Omnibus Operating Agreement (Pioneer Southwest Energy Partners L.P.), Omnibus Operating Agreement (Pioneer Southwest Energy Partners L.P.)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person person in the performance by such Person person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person person of the same or any other obligations of such Person person hereunder. Failure on the part of a Party party to complain of any act of any Person person or to declare any Person person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 2 contracts

Samples: Omnibus Agreement (Atlas Energy Resources, LLC), Contribution Agreement (Natural Resource Partners Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run. Time is of the essence of this Agreement.

Appears in 2 contracts

Samples: Restricted Business Contribution Agreement (Natural Resource Partners Lp), Contribution Agreement (Natural Resource Partners Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 2 contracts

Samples: Master Credit Support Agreement (Genesis Energy Lp), Master Credit Support Agreement (Genesis Energy Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person Party in the performance by such Person Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person Party of the same or any other obligations of such Person Party hereunder. Failure on the part of a Party to complain of any act of any Person the other Party or to declare any Person the other Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Inergy Midstream, L.P.)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party of or to or of any breach or default by any Person Party in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver of or to or of any other breach or default in the performance by such Person Party of the same or any other obligations of such Person Party hereunder. Failure on the part of a Party to complain of any act of any Person Party or to declare any Person Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 2 contracts

Samples: Lease Agreement (Arc Logistics Partners LP), Lease Agreement (CorEnergy Infrastructure Trust, Inc.)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person (as defined below) in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 1 contract

Samples: Services, Secondment and Employee Transfer Agreement (Western Midstream Partners, LP)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person person in the performance by such Person person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person person of the same or any other obligations of such Person person hereunder. Failure on the part of a Party to complain of any act of any Person person or to declare any Person other Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 1 contract

Samples: Administrative Services Agreement (Mid-States Oilfield Supply LLC)

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Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party of or to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver of or to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.. REGENCY ENERGY PARTNERS LP Omnibus Agreement -7-

Appears in 1 contract

Samples: Omnibus Agreement (Regency Energy Partners LP)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person party in the performance by such Person party of its obligations hereunder shall be deemed or construed to be a consent or waiver of wavier to or of any other breach or default in the performance by such Person party of the same or any other obligations of such Person party hereunder. Failure on the part of a Party party to complain of any act of any Person party or to declare any Person party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations limitation period has run.

Appears in 1 contract

Samples: Ground Lease Agreement (Retail Ventures Inc)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or of default by any Person party in the performance by such Person party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person party of the same or any other obligations of such Person party hereunder. Failure on the part of a Party party to complain of any act of any Person party or to declare any Person party in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations limitation period has run.

Appears in 1 contract

Samples: Waiver of Surface Rights

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 1 contract

Samples: Operating Agreement (Northern Border Partners Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party party to complain of any act of any Person or to declare any Person in default, irrespective regardless of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 1 contract

Samples: Administrative Services Agreement

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person party in the performance by such Person Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 1 contract

Samples: Omnibus Agreement (Quest Resource Corp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party of or to or of any breach or default by any Person in the performance by such Person of its obligations hereunder shall be deemed or construed to be a consent or waiver of or to or of any other breach or default in the -11- performance by such Person of the same or any other obligations of such Person hereunder. Failure on the part of a Party to complain of any act of any Person or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 1 contract

Samples: Omnibus Agreement (CrossAmerica Partners LP)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party to or of any breach or default by any Person Party in the performance by such Person of its obligations hereunder under this Agreement shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person that Party of the same or any other obligations of such that Person hereunder. Failure on the part of a Party to complain of any act of any Person other Party or to declare any Person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party of its rights hereunder until the applicable statute of limitations period has run.

Appears in 1 contract

Samples: Option, Right of First Refusal, and Waiver in Amendment to Omnibus Agreement and Gas Gathering and Processing Agreement (Quicksilver Gas Services LP)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any Party party to or of any breach or default by any Person person in the performance by such Person person of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such Person person of the same or any other obligations of such Person person hereunder. Failure on the part of a Party party to complain of any act of any Person person or to declare any Person person in default, irrespective of how long such failure continues, shall not constitute a waiver by such Party party of its rights hereunder until the applicable statute of limitations period has run. Time is of the essence of this Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Natural Resource Partners Lp)

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