Common use of EFFECT OF WAIVERS Clause in Contracts

EFFECT OF WAIVERS. No failure or delay by any party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by any party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. A Party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party.

Appears in 6 contracts

Samples: Sand Supply Agreement, Sand Supply Agreement, Sand Supply Agreement (Emerge Energy Services LP)

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EFFECT OF WAIVERS. No failure or delay by any party Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by any party Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. A Party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving partyParty.

Appears in 1 contract

Samples: Sand Supply Agreement (Emerge Energy Services LP)

EFFECT OF WAIVERS. No failure or delay by any party Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by any party Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. A Party’s failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party.Party. c.

Appears in 1 contract

Samples: Supply Agreement

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EFFECT OF WAIVERS. No failure or delay by any either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by any either party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision. A Either Party’s failure in any one anyone or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that Party’s right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving partyParty.

Appears in 1 contract

Samples: Supply Agreement (Platinum Energy Solutions, Inc.)

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