FAILURE TO INSIST UPON PERFORMANCE Sample Clauses

FAILURE TO INSIST UPON PERFORMANCE. The failure of AGMA, ARTIST or MANAGEMENT to insist upon the strict performance of any of the provisions of this Agreement shall not be deemed a waiver of any rights or remedies they may have and shall not be deemed a waiver of any subsequent breach or default on the part of any party hereto.
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FAILURE TO INSIST UPON PERFORMANCE. (A) The failure of CAEA to insist upon the strict performance of any of the provisions of this Agreement shall not be deemed a waiver of any rights or remedies that CAEA may have and shall not be deemed a waiver of any subsequent breach or default on the part of the Engager.
Sample 1
FAILURE TO INSIST UPON PERFORMANCE. ‌ The failure of either Equity or the Engager to insist upon the strict performance of any of the provisions of this Agreement shall not be deemed a waiver of any rights or remedies that Equity or the Engager may have and shall not be deemed a waiver of any subsequent breach of default on the part of the Engager or Equity as the case may be. 49:00 DISPUTE RESOLUTION AND ARBITRATION ‌
Sample 1
FAILURE TO INSIST UPON PERFORMANCE. 14 The failure of AGMA, ARTIST, or SAN DIEGO OPERA to insist upon the strict performance 15 of any of the provisions of this Agreement shall not be deemed a waiver of any rights or 16 remedies they may have and shall not be deemed a waiver of any subsequent breach or default 17 on the part of any party hereto.
Sample 1
FAILURE TO INSIST UPON PERFORMANCE. The failure of AGMA, ARTIST or MANAGEMENT to insist upon the strict performance of any of the provisions of this CBA shall not be deemed a waiver of any rights or remedies they may have and shall not be deemed a waiver of any subsequent breach or default on the part of any party hereto.
Sample 1
FAILURE TO INSIST UPON PERFORMANCE. The failure of either party to insist upon the strict performance of any of the provisions of the ABA shall not be deemed a waiver of any rights or remedies of a party and shall not be deemed a waiver of any subsequent breach by the other party.
Sample 1
FAILURE TO INSIST UPON PERFORMANCE. The failure of either party to insist upon the strict performance of any of the provisions of the Agreement shall not be deemed a waiver of any rights or remedies of a party and shall not be deemed a waiver of any subsequent breach by the other party.
Sample 1
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Related to FAILURE TO INSIST UPON PERFORMANCE

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Termination for Non-Performance Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non- performance. For purpose of this Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non- performance and upon the date of the resulting termination for non-performance, the Contractor shall prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non-performance is provided in accordance with this Section 4.4, nothing in this Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party.

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