Failure to Enforce. The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.
Appears in 33 contracts
Samples: Severance Protection and Change in Control Agreement (Interface Inc), Severance Protection and Change in Control Agreement (Interface Inc), Severance Protection and Change in Control Agreement (Interface Inc)
Failure to Enforce. The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter hereafter to enforce each and every such provision.
Appears in 15 contracts
Samples: Employment Agreement (Aaron's Inc), Employment Agreement (Aaron's Inc), Employment Agreement (Aaron's Inc)
Failure to Enforce. The failure of by either party hereto at any time, or for any period of time, time to enforce any of the provisions of this Agreement agreement shall not be construed as a waiver of any such provision(s) provision. Such failure to enforce shall not affect the validity of the contract or of any part thereof or the right of such either party thereafter to enforce each and every such provisionthe provision at any time in accordance with its terms.
Appears in 13 contracts
Samples: Services Agreement, Obtain Services, Research Agreement
Failure to Enforce. The failure of either party hereto Party to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter Party to enforce each and every such provision.
Appears in 10 contracts
Samples: Cross License Agreement (Amerigon Inc), Cross Licensing Agreement (Masimo Corp), Cross Licensing Agreement (Masimo Corp)
Failure to Enforce. The failure of either party hereto to enforce at any time, or for any period of time, to enforce any of time the provisions of this Agreement hereof shall not be construed as to be a waiver of such provision(s) or provisions nor a waiver of the right of such party thereafter to enforce each and every such provision.
Appears in 8 contracts
Samples: Franchiseeship Agreement, Format of Franchiseeship Agreement, Format of Franchiseeship Agreement
Failure to Enforce. The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) provisions or as a waiver of the right of such party thereafter to enforce each and every such provision.
Appears in 5 contracts
Samples: License Agreement (Synageva Biopharma Corp), License Agreement (Synageva Biopharma Corp), License Agreement (Kos Pharmaceuticals Inc)
Failure to Enforce. 19.1 The failure of either party hereto to enforce at any time, or for time any period of time, to enforce any of the provisions of this Agreement hereof shall not be construed as to be a waiver of such provision(s) or provision nor of the right of such party thereafter to enforce each and every such provision.
Appears in 4 contracts
Samples: License Agreement (Titan Pharmaceuticals Inc), Sublicense Agreement (Titan Pharmaceuticals Inc), Sublicense Agreement (Vanda Pharmaceuticals Inc.)
Failure to Enforce. The failure of either party hereto party, at any time, or for any period of time, to enforce any of the provisions of this Agreement Agreement, shall not be construed as a waiver of such provision(s) provisions or as a waiver of the right of such party thereafter to enforce each and every such provisionprovision of this Agreement. All waivers must be in writing.
Appears in 4 contracts
Samples: Confidential Treatment Requested (Alimera Sciences Inc), License and Option Agreement (Alimera Sciences Inc), License and Option Agreement (Alimera Sciences Inc)
Failure to Enforce. The failure of either party hereto to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter to enforce each and every such provision.
Appears in 4 contracts
Samples: Purchase Agreement (Quantum Corp /De/), Master Agreement (Quantum Corp /De/), Purchase Agreement (Maxtor Corp)
Failure to Enforce. The failure of by either party hereto Party at any time, time or for any period of time, time to enforce any of the provisions term or provision of this Agreement shall not be construed as a waiver of such provision(s) term or provision or of the right of such party thereafter either Party to enforce each and every such term and provision.
Appears in 3 contracts
Samples: Collaborative Agreement (Genentech Inc), Agreement (Genentech Inc), Agreement (Genentech Inc)
Failure to Enforce. The failure of either party hereto Party to enforce at any time, or for time over any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter Party to enforce each and every such provision.
Appears in 3 contracts
Samples: Manufacturing and Purchase Agreement (Masimo Corp), Manufacturing and Purchase Agreement (Masimo Corp), Manufacturing and Purchase Agreement (Masimo Corp)
Failure to Enforce. The failure of either party hereto Party to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter Parry to enforce each and every such provision.
Appears in 2 contracts
Samples: Purchasing and Licensing Agreement (Masimo Corp), Purchasing and Licensing Agreement (Masimo Corp)
Failure to Enforce. The failure of either party hereto to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement hereof shall not be construed as a to be waiver of such provision(s) provisions or of the right of such party thereafter to enforce each and every such provision.
Appears in 2 contracts
Samples: Reseller Agreement (Iwl Communications Inc), Reseller Agreement (Iwl Communications Inc)
Failure to Enforce. The failure of either party hereto Party, at any time, or for any period of time, to enforce any of the provisions of this Agreement Agreement, shall not be construed as a waiver of such provision(s) provisions or as a waiver of the right of such party either Party’s thereafter to enforce each and every such provisionprovision of this Agreement.
Appears in 2 contracts
Samples: Exclusive License Agreement (Cougar Biotechnology, Inc.), Research Agreement (Cougar Biotechnology, Inc.)
Failure to Enforce. The failure of either party hereto to enforce at any time, or for time over any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter to enforce each and every such provision.
Appears in 2 contracts
Samples: Manufacturing and Purchase Agreement, Manufacturing and Purchase Agreement (Masimo Corp)
Failure to Enforce. 34.1 The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.
Appears in 2 contracts
Samples: School Bus Transportation Services Agreement, School Bus Transportation Services Agreement
Failure to Enforce. The failure or delay of either party hereto any Party at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) provisions or of the right of such party Party thereafter to enforce each and every such provision.
Appears in 2 contracts
Samples: License and Collaborative Research Agreement (Alexion Pharmaceuticals Inc), License and Collaborative Research Agreement (Alexion Pharmaceuticals Inc)
Failure to Enforce. The A failure of either party hereto by any Party to enforce at any time, or for any over a period of time, to enforce any of the provisions provision of this Agreement shall not be construed as to be a waiver of such provision(s) provision or of the right of such party thereafter to enforce each and every such provisionprovision or any other provision in this Agreement.
Appears in 2 contracts
Samples: Michigan Master Subcontract Agreement, Settlement Agreement and General Release (Fluidigm Corp)
Failure to Enforce. The failure Failure of either a party hereto to enforce at any time, or time for any period of time, to enforce any of the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provision or of the right of such party thereafter to enforce each and every such provision.
Appears in 2 contracts
Samples: License Agreement (Lemaitre Vascular Inc), License Agreement (Lemaitre Vascular Inc)
Failure to Enforce. The failure of either any party hereto to enforce at any time, or for time any period of time, to enforce any of the provisions provision of this Agreement shall not be construed as to be a waiver of such provision(s) provision, nor in any way to affect the validity of this Agreement or of any part hereof, or the right of such any party thereafter to enforce each and every such provision.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Princeton Review Inc), Asset Purchase Agreement (Princeton Review Inc)
Failure to Enforce. The failure of either party Party hereto to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement hereof in accordance with its terms shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party Party thereafter to enforce each and every such provisionprovision herein.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement
Failure to Enforce. The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) provisions or as a waiver of the right of such a party thereafter to enforce each and every such provision.
Appears in 1 contract
Failure to Enforce. The failure of either a party hereto at any timeanytime, or for any ------------------ period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or provisions of the right of any such party thereafter to enforce each and every such provisionprovisions.
Appears in 1 contract
Samples: Settlement Agreement (First Clayton Bancshares Inc)
Failure to Enforce. The failure of either party hereto to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement hereof shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter to enforce each and every such provision.
Appears in 1 contract
Samples: Art Exhibition Agreement
Failure to Enforce. The failure of either party hereto to enforce at any time, or for any period of time, to enforce time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall not in no way be construed as to be a waiver of such provision(sprovisions or to affect either the validity of this Agreement (or any part hereof) or of the right of such either party thereafter to enforce each and every such provisionprovision of this Agreement.
Appears in 1 contract
Samples: Employment Agreement
Failure to Enforce. The failure of either a party hereto at any time, or for any period of time, to enforce any of the provisions provisions, rights or options of this Agreement shall not in no way be construed as considered a waiver of such provision(s) provisions, rights or options, or in any way affect the validity of the right this Agreement. The exercise by a party of any of its rights or options hereunder shall not preclude or prejudice such party thereafter to enforce each and every from exercising the same or any other rights or options it may have under this agreement, irrespective of any previous action or proceeding taken by such provisionparty.
Appears in 1 contract
Samples: Semiconductor Industry Tof Marketing Agreement (Larson Davis Inc)
Failure to Enforce. The failure of either by any party hereto at any time, or for any period of time, time to enforce any of the provisions of this Agreement shall not be construed as a waiver of any such provision(s) provision. Such failure to enforce shall not affect the validity of the Agreement or of any part thereof or the right of such any party thereafter to enforce each and every such provisionthe provision at any time in accordance with its terms.
Appears in 1 contract
Samples: Obtain Services
Failure to Enforce. The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement agreement in accordance with its terms shall not be construed as to constitute a waiver of such provision(s) or provisions nor of the right of such party thereafter to enforce each and every such provision.. OK
Appears in 1 contract
Samples: Proposed Gaa Agreement
Failure to Enforce. The failure of either party hereto Party to enforce at any time, ------------------ time or for any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter Party to enforce each and every such provisionprovision in the future.
Appears in 1 contract
Samples: Strategic Alliance Agreement (Zhone Technologies Inc)
Failure to Enforce. The failure of either party hereto to enforce at any time, ------------------ time or for any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter to enforce each and every such provision.
Appears in 1 contract
Samples: Patent License and Joint Development Agreement (Calcomp Technology Inc)
Failure to Enforce. The failure of either party hereto to enforce at any time, or for any period of time, to enforce time any of the provisions of this Agreement or any rights in respect hereto or exercise any election herein provided shall not be construed as considered to be a waiver of such provision(s) provisions, rights or elections and shall in no way affect the validity of this Agreement. The exercise by either party of any of its rights herein or of any of its elections under the right of terms and covenants herein shall not preclude or prejudice such party thereafter to enforce each and every from exercising the same or any other right it may have under this Agreement, irrespective of any previous action taken by such provisionparty hereunder.
Appears in 1 contract
Failure to Enforce. 21.1 The failure of either party hereto to enforce at any time, or for time any period of time, to enforce any of the provisions of this Agreement hereof shall not be construed as to be a waiver of such provision(s) or provision nor of the right of such party thereafter to enforce each and every such provision.
Appears in 1 contract
Failure to Enforce. The failure of either party hereto a Party at any time, or for any period of time, to enforce any of the provisions provision of this Agreement shall not be construed as a waiver of such provision(s) provision or as a waiver of the right of such party that Party thereafter to enforce each and every such provisionprovision of this Agreement.
Appears in 1 contract
Failure to Enforce. The failure of either party hereto Party to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter Party to enforce each and every such provisionprovision in the future.
Appears in 1 contract
Samples: Strategic Alliance Agreement (Zhone Technologies Inc)
Failure to Enforce. The failure by any Party to enforce any provision of either party hereto this Class Settlement Agreement at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the any right of such party thereafter to enforce each and every such provisionenforcement the Party may have.
Appears in 1 contract
Samples: Class Settlement Agreement
Failure to Enforce. The failure of either party hereto to enforce at any time, time or for any period of time, to enforce time any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) provisions or of the right of such the party thereafter to enforce each and every such provision. Any such waiver must be in writing.
Appears in 1 contract
Failure to Enforce. The failure of either party hereto to enforce at any time, time or for any period of time, time the provisions of the Agreement shall not be construed to be a waiver of such provisions or of the right of such party to enforce any each and every such provision. Any waiver of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of no force and effect unless in writing and signed by the right of such party thereafter to enforce each and every such provisionparty's duly authorized representative.
Appears in 1 contract
Samples: Agreement (Exabyte Corp /De/)
Failure to Enforce. The failure of either party hereto Party to enforce at any time, time or for any period of time, to enforce any of time the provisions of this Agreement hereof in accordance with its terms shall not be construed as to be a waiver of such provision(s) provisions or of the right of such party thereafter to enforce each and every such provision.
Appears in 1 contract
Samples: Trust Alliance Membership Agreement
Failure to Enforce. The failure of either any party hereto to enforce at any time, or for any period of time, to enforce time any of the provisions provision of this Agreement or any rights in respect thereto or to exercise any election herein provided shall not in no way be construed as considered to be a waiver of such provision(s) provisions, rights or elections by such party, and any exercise of the right of its rights or elections hereunder shall not preclude or prejudice such party thereafter to enforce each and every from exercising the same or any other rights it may have under this Agreement, irrespective of any previous action taken by such provisionparty hereunder.
Appears in 1 contract
Samples: Agreement on Distribution (Ballantyne of Omaha Inc)
Failure to Enforce. The failure of either any party hereto at any time, or for any period of time, to enforce any of the provisions provision of this Agreement shall not be construed as a waiver or limitation of such provision(s) or that party's right to subsequently enforce and compel strict compliance with every provision of the right of such party thereafter to enforce each and every such provisionthis Agreement.
Appears in 1 contract
Samples: Settlement Agreement (Lexon Inc/Ok)
Failure to Enforce. The failure of either party hereto at any time, or for any .any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) provisions or of the right of such party thereafter to enforce each and every such provision.
Appears in 1 contract
Failure to Enforce. The failure of either party hereto any party, at any time, or for any period of time, to enforce any of the provisions of this Agreement Agreement, shall not be construed as a waiver of such provision(s) provisions or as a waiver of the right of such party thereafter to enforce each and every such provisionprovision of this Agreement.
Appears in 1 contract