Failure to Assert Clause Samples
The "Failure to Assert" clause establishes that if a party does not promptly raise a claim, right, or objection within a specified timeframe, they may forfeit the ability to assert it later. In practice, this means that if a party becomes aware of a breach or issue but does not notify the other party or take action within the agreed period, they lose the right to pursue that claim. This clause ensures that disputes or issues are addressed in a timely manner, preventing parties from delaying claims and promoting finality and certainty in contractual relationships.
Failure to Assert. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies.