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

FAILURE IN THE EXERCISE OF RIGHTS. The failure of any party to notify or exercise any right arising under this Agreement shall not signify the waiver of such right, unless the party waiving such right shall notify, in writing, the other party. The waiver of any party to any right arising under this Agreement shall not signify the waiver to any right of a similar nature possibly arising after the date of this Agreement. The fact that one of the parties allows, one or more times, the other party to breach its obligations or performs them incompletely or in a manner different from that agreed upon or does not insist upon the exact performance of such obligations or does not promptly exercise the contractual or legal rights it is entitled to, shall not be deemed nor shall entail a modification to this Agreement nor shall it in any case constitute an impediment, in the future, for such party to insist on the specific and faithful performance of the obligations of the other party or exercise the conventional or legal rights to which it is entitled to.

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Confidential Treatment (Chiquita Brands International Inc), Confidential Treatment (Chiquita Brands International Inc)

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

Appears in 1 contract

Samples: Confidential Treatment (Chiquita Brands International Inc)

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FAILURE IN THE EXERCISE OF RIGHTS. The failure of any party to notify or exercise any right arising under this Agreement shall not signify the waiver of such right, unless the party waiving that waives such right shall notify, in writing, the other party. The waiver of any party to any right arising under this Agreement shall not signify the waiver to any right of a similar nature possibly arising after the date of this Agreement. The fact that one of the parties allows, one or more times, the other party to breach its obligations or performs perform them incompletely or in a manner different from that agreed upon or does not insist upon the exact performance of such obligations or does not promptly exercise the contractual or legal rights it is entitled to, shall not be deemed nor shall it entail a modification to this Agreement nor shall it in any case constitute an impediment, in the future, for such party to insist on the specific and faithful performance of the obligations of the other party or exercise the conventional or legal rights to which it is entitled toentitled.

Appears in 1 contract

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

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