Common use of Failure to Enforce Not Waiver Clause in Contracts

Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer or Employee to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 11 contracts

Samples: Employment and Non Competition Agreement, Employment Agreement (Prosperity Bancshares Inc), Employment Agreement (Prosperity Bancshares Inc)

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Failure to Enforce Not Waiver. Any failure or delay on the part of either the Bank, Employer or Employee to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, covenants or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 8 contracts

Samples: Executive Employment Agreement (Prosperity Bancshares Inc), Executive Employment Agreement (LegacyTexas Financial Group, Inc.), Executive Employment Agreement (LegacyTexas Financial Group, Inc.)

Failure to Enforce Not Waiver. Any failure or delay on the part of either the Employer or the Employee to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 5 contracts

Samples: Employment Contract (Uniview Technologies Corp), Employment Contract (Uniview Technologies Corp), Employment Contract (Uniview Technologies Corp)

Failure to Enforce Not Waiver. Any failure or delay on the part of either the Employer or the Employee to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 4 contracts

Samples: Employment Contract (Paradigm Bancorporation Inc), Employment Contract (Paradigm Capital Trust Ii), Employment Contract (Paradigm Capital Trust Ii)

Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer the District or Employee the Superintendent to exercise any remedy or right under this Agreement Contract shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement Contract by the other party shall not constitute a waiver of any of the rights under the Agreementthis Contract. No forbearance by either party to exercise any rights or privileges under this Agreement Contract shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement Contract may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement Contract shall be effective only in the specific instance and for the specific purpose given.

Appears in 2 contracts

Samples: go.boarddocs.com, www.honestaustin.com

Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer Allegiance or Employee Consultant to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, covenants or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the this Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 2 contracts

Samples: Consulting Agreement (Allegiance Bancshares, Inc.), Consulting Agreement (Allegiance Bancshares, Inc.)

Failure to Enforce Not Waiver. Any failure or delay on the part of either the Employer or the Employee to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given. 10.05.

Appears in 2 contracts

Samples: Employment Contract (Curtis Mathes Holding Corp), Employment Contract (Curtis Mathes Holding Corp)

Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer the District or Employee the Superintendent to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the this Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 2 contracts

Samples: Agreement, Agreement

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Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer the Company or Employee the Director to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given. 4.05.

Appears in 2 contracts

Samples: Directors' Stock Option Agreement (Curtis Mathes Holding Corp), Directors' Stock Option Agreement (Curtis Mathes Holding Corp)

Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer or Employee a party to exercise any right or remedy or right under this Agreement Lease shall not operate as a waiver. The failure of either a party to require performance of any of the termsterm, covenantscovenant, or provisions provision of this Agreement Lease by the other party shall not constitute a waiver of any of the rights by such party under the Agreementthis Lease. No forbearance by either a party to exercise any rights right or privileges remedy under this Agreement Lease shall be construed as a waiver, but all rights and privileges remedies shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement Lease applicable to a party may be waived except by the written consent of the waiving other party. Any such written waiver of any term of this Agreement Lease shall be effective only in the specific instance and for the specific purpose given.

Appears in 2 contracts

Samples: Memorabilia Lease (Melco PBL Entertainment (Macau) LTD), Memorabilia Lease (Casino) (Melco PBL Entertainment (Macau) LTD)

Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer or Employee to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party Employer to require performance of any of the terms, covenants, covenants or provisions of this Agreement by the other party Employee shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party Employer to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 1 contract

Samples: Non Disclosure and Non Solicitation Agreement (Prosperity Bancshares Inc)

Failure to Enforce Not Waiver. Any failure or delay on the part of either Employer the Bank or the Employee to exercise any remedy or right under this Agreement shall not operate as a waiver. The failure of either party to require performance of any of the terms, covenants, or provisions of this Agreement by the other party shall not constitute a waiver of any of the rights under the Agreement. No forbearance by either party to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. No covenant or condition of this Agreement may be waived except by the written consent of the waiving party. Any such written waiver of any term of this Agreement shall be effective only in the specific instance and for the specific purpose given.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Guaranty Bancorp)

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