Express Waivers Clause Samples
An Express Waivers clause explicitly states that a party is intentionally relinquishing a known right or claim under the contract. In practice, this clause requires that any waiver of contractual rights or obligations must be made clearly and in writing, rather than being implied by conduct or silence. Its core function is to prevent misunderstandings by ensuring that waivers are deliberate and documented, thereby protecting both parties from unintended loss of rights or claims.
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Express Waivers. Debtor hereby expressly waives:
a. Diligence, presentment, protest, demand, and notice of every kind;
b. The right, if any, to require Secured Party to proceed against any person liable for the payment of any of the Obligations of Debtor as a condition or prior to proceeding hereunder; and
c. The right, if any, to require Secured Party to foreclose upon, sell, or otherwise realize upon, collect, or apply any other property, real or personal, securing any of the Obligations of Debtor as a condition or prior to proceeding hereunder
Express Waivers. The Parties expressly and irrevocably waives (i) any right they may have under article 1226 of the French Civil Code (Code Civil) to terminate this Agreement, (ii) any right they may have under articles 1186 and 1187 of the French Civil Code (Code Civil) to claim that this Agreement has lapsed as a result of any other contract contributing to the completion of the transactions contemplated hereunder having terminated, lapsed or being ineffective for any reason whatsoever, (iii) to the fullest extent permitted by applicable Law, the benefits of article 1602 of the French Civil Code (Code Civil), and (iv) their right to benefit from the provisions of article 1223 of the French Civil Code and to accept a partial performance of the Agreement in exchange for a proportional discount of the price (unless otherwise provided) and, more generally, the Purchaser waives any right to terminate or rescind this Agreement or any of the transactions contemplated hereby. 10.11
Express Waivers. Subject to the provisions of this Agreement, each of the Parties expressly and irrevocably waives (i) any right it may have under articles 1223 and 1226 of the French Civil Code to terminate this Agreement, (ii) any right it may have under articles 1186 and 1187 of the French Civil Code to claim that this Agreement has lapsed as a result of any other contract contributing to the completion of the Transaction having terminated, lapsed or being ineffective for any reason whatsoever, and (iii) to the fullest extent permitted by applicable Law, the benefits of articles 1626, 1641 and 1643 of the French Civil Code and, more generally, each of the Parties waives any right to terminate or rescind this Agreement.
Express Waivers. Debtor hereby expressly waives:
(a) Diligence, presentment, protest, demand, and notice of every kind, except as required under the Note or the Transaction Documents;
(b) The right, if any, to require Secured Party to proceed against any person liable for the payment of any of the Obligations of Debtor as a condition or prior to proceeding under this Agreement; and
(c) The right, if any, to require Secured Party to foreclose upon, sell or otherwise realize upon, collect or apply any other property, real or personal, securing any of the Obligations of Debtor as a condition or prior to proceeding hereunder.
Express Waivers. Any waiver of any right, power or remedy under this System Operator Agreement must be in writing and signed on behalf of the waiving Party and may be given subject to any conditions thought fit by the grantor. No waiver will take effect if the person seeking the waiver has failed to disclose to the grantor every material fact or circumstance which (so far as the person seeking the waiver is aware) has a bearing on its subject matter. Unless otherwise expressly stated, any waiver shall be effective only in the instance and only for the purpose for which it is given.
Express Waivers. The Purchaser expressly and irrevocably waives (i) any right it may have under article 1226 of the French civil code to terminate this Agreement, (ii) any right it may have under articles 1186 and 1187 of the French civil code to claim that this Agreement has lapsed as a result of any other contract contributing to the completion of the transactions contemplated hereunder having terminated, lapsed or being ineffective for any reason whatsoever, (iii) to the fullest extent permitted by applicable Law, the benefits of articles 1130 et seq., 1190, 1602, 1626, 1641 and 1643 of the French civil code, and (iv) its right to benefit from the provisions of article 1223 of the French civil code and to accept a partial performance of the Agreement in exchange for a proportional discount of the price (unless otherwise provided).
Express Waivers. Each Party expressly and irrevocably waives, to the fullest extent permitted by Applicable Law, (a) any right such Party may have under article 1226 of the French civil code to terminate this Agreement or intend to terminate this Agreement, and (b) any right such Party may have under articles 1186 and 1187 of the French civil code to claim that this Agreement has lapsed as a result of any other contract contributing to the completion of the transactions contemplated hereunder having terminated, lapsed or being ineffective for any reason whatsoever.
Express Waivers. The Purchaser expressly and irrevocably waives (i) any right it may have under articles 1217 and 1221 to 1230 of the French Civil Code (Code Civil) to terminate this Agreement, (ii) any right it may have under articles 1186 and 1187 of the French Civil Code (Code Civil) to claim that this Agreement has lapsed as a result of any other contract contributing to the completion of the transactions contemplated under this Agreement and the SPA having terminated, lapsed or being ineffective for any reason whatsoever, (iii) to the fullest extent permitted by applicable Law, the benefits of article 1130 et seq., 1190, 1602, 1626, 1641 and 1643 of the French Civil Code (Code Civil), and (iv) its right to benefit from the provisions of article 1223 of the French Civil Code and to accept a partial performance of the Agreement in exchange for a proportional discount of the price (unless otherwise provided) and, more generally, the Purchaser waives any right to terminate or rescind this Agreement or any of the transactions contemplated hereby.
Express Waivers. 32 10.11 Notices. ............................................................................................................................... 32 10.12
Express Waivers. Borrower hereby expressly waives, to the fullest extent permitted by applicable law:
(a) Presentment for payment, demand for payment of all or any portion of the Secured Indebtedness or any installment thereof, protest and all notices (whether of demand, dishonor, non-payment, acceleration, intent to accelerate, or otherwise), with respect to the Secured Indebtedness;
(b) Diligence in collecting or in attempting to collect all or any part of the Secured Indebtedness and in the bringing of any suit or in the enforcing of any remedy;
(c) Notice of acceptance of this Agreement, notice of the incurring by Borrower or any other Person of all or any portion of the Secured Indebtedness, or of the failure of Borrower or any other Person to pay any of the Secured Indebtedness as they mature, or of any other occurrence or state of facts of any nature whatsoever;
(d) All rights to require Lender and/or any one or more of the Lenders (i) to proceed against Borrower or any other Person, (ii) to proceed against or exhaust any collateral at any time securing all or any part of the Secured Indebtedness, or (iii) to initiate or pursue any right or remedy it may now or hereinafter have against Borrower or any other Person;
(e) All defenses to sureties or guarantors at law or in equity other than the actual payment of indebtedness; and
(f) All defenses based upon questions as to the authenticity, validity, enforceability or legality of any of the Loan Documents or any instrument, document or other writing at any time evidencing or securing or guaranteeing all or any part of the Secured Indebtedness.