Common use of FAILURE IN THE EXERCISE OF RIGHTS Clause in Contracts

FAILURE IN THE EXERCISE OF RIGHTS. The failure by any of the parties to notify or to exert any right under this agreement will not represent a waiver to such right, unless the party that renounces notifies the other in writing. The waiverby any of the parties to any right contemplated in this agreement will not signify a waiver to any right of similar nature that may have developed later. The fact that one of the parties allows, once or several times, the other party to fail to fulfill its obligations or to fulfill them imperfectly or in a manner different from the one agreed hereof, or does not insist on the precise fulfillment of such obligations, or does not exert its contractual or legal rights in an opportune manner, will not create the presumption nor will it be equivalent to a modification of this agreement nor will it hinder this party in any instance, in the future, from insisting on the correct and specific fulfillment of the legal obligations that correspond to the other party or exert the contractual or legal rights to which it is entitled.

Appears in 2 contracts

Samples: International Banana Purchase Agreement (Chiquita Brands International Inc), International Banana Purchase Agreement (Chiquita Brands International Inc)

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FAILURE IN THE EXERCISE OF RIGHTS. The failure by of any of the parties party to notify or to exert exercise any right arising under this agreement will Agreement shall not represent a signify the waiver to of such right, unless the party that renounces notifies waiving such right shall notify, in writing, the other in writingparty. The waiverby waiver of any of the parties party to any right contemplated in arising under this agreement will Agreement shall not signify a the waiver to any right of a similar nature that may have developed laterpossibly arising after the date of this Agreement. The fact that one of the parties allows, once one or several more times, the other party to fail to fulfill breach its obligations or to fulfill performs them imperfectly incompletely or in a manner different from the one that agreed hereof, upon or does not insist on upon the precise fulfillment exact performance of such obligations, obligations or does not exert its promptly exercise the contractual or legal rights in an opportune mannerit is entitled to, will shall not create the presumption be deemed nor will it be equivalent to shall entail a modification of to this agreement Agreement nor will shall it hinder this party in any instancecase constitute an impediment, in the future, from insisting for such party to insist on the correct specific and specific fulfillment faithful performance of the legal obligations that correspond to of the other party or exert exercise the contractual conventional or legal rights to which it is entitledentitled to.

Appears in 2 contracts

Samples: International Banana Purchase Agreement, International Banana Purchase Agreement (Chiquita Brands International Inc)

FAILURE IN THE EXERCISE OF RIGHTS. The failure by any of the parties to notify or to exert any right under this agreement will not represent a waiver to such right, unless the party that renounces notifies the other in writing. The waiverby waiver by any of the parties to any right contemplated in this agreement will not signify a waiver to any right of similar nature that may have developed later. The fact that one of the parties allows, once or several times, the other party to fail to fulfill its obligations or to fulfill them imperfectly or in a manner different from the one agreed hereof, or does not insist on the precise fulfillment of such obligations, or does not exert its contractual or legal rights in an opportune manner, will not create the presumption nor will it be equivalent to a modification of this agreement nor will it hinder this party in any instance, in the future, from insisting on the correct and specific fulfillment of the legal obligations that correspond to the other party or exert the contractual or legal rights to which it is entitled.

Appears in 1 contract

Samples: International Banana Purchase Agreement (Chiquita Brands International Inc)

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FAILURE IN THE EXERCISE OF RIGHTS. The failure by of any of the parties party to notify or to exert exercise any right arising under this agreement will Agreement shall not represent a signify the waiver to of such right, unless the party that renounces notifies waives such right shall notify, in writing, the other in writingparty. The waiverby waiver of any of the parties party to any right contemplated in arising under this agreement will Agreement shall not signify a the waiver to any right of a similar nature that may have developed laterpossibly arising after the date of this Agreement. The fact that one of the parties allows, once one or several more times, the other party to fail to fulfill breach its obligations or to fulfill perform them imperfectly incompletely or in a manner different from the one that agreed hereof, upon or does not insist on upon the precise fulfillment exact performance of such obligations, obligations or does not exert its promptly exercise the contractual or legal rights in an opportune mannerit is entitled to, will shall not create the presumption be deemed nor will shall it be equivalent to entail a modification of to this agreement Agreement nor will shall it hinder this party in any instancecase constitute an impediment, in the future, from insisting for such party to insist on the correct specific and specific fulfillment faithful performance of the legal obligations that correspond to of the other party or exert exercise the contractual conventional or legal rights to which it is entitled.

Appears in 1 contract

Samples: International Pineapple Purchase Agreement (Chiquita Brands International Inc)

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