Implied Waiver. Any failure on the part of either party to insist upon the performance of this Agreement or any part of this Agreement, shall not constitute a waiver of any right under this Agreement.
Implied Waiver. No waiver by either party hereto of any breach by the other party hereto, or failure to comply with any condition or provision of the Agreement required to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or actions at the same or at any prior or subsequent time.
Implied Waiver. Failure of GILEAD to inspect or to perform agreed quality control procedures, and to notify in writing APO in the relevant time periods specified in Sections 8.2.1, 8.2.2 and 8.2.3 above of any Detectable Defect, or to notify in writing APO within the pertaining time period specified in Section 8.2.3 above of any Non-Detectable Defect after its discovery, shall constitute a waiver of any rights relating to such Defects, unless otherwise agreed in writing.
Implied Waiver. (a) No act or thing done by Landlord or its agents during the Term shall constitute an acceptance of an attempted surrender of the premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. No re-entry or taking possession of the Premises by Landlord pursuant to Section 20.2(a)(ii) or otherwise shall constitute an election by Landlord to terminate this Lease, unless a written Notice of such intention is given to Tenant. No waiver by Landlord of any breach of this Lease shall constitute a waiver of any other violation or breach of any of the terms hereof.
(b) No provision of this Lease shall be deemed to have been waived by Landlord or Tenant unless such waiver is in writing and signed by such party. The rights granted to Landlord and Tenant in this Lease shall be cumulative of every other right or remedy which Landlord or Tenant may otherwise have at law or in equity or by statute, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise of other rights or remedies.
Implied Waiver. Except as expressly provided herein, nothing contained herein shall constitute a waiver of, impair or otherwise affect any Obligations, any other obligations of the Borrower or the Guarantor or any right of the Agent or the Banks consequent thereon.
Implied Waiver. (a) No act or thing done by Landlord or its agents during the Term shall constitute an acceptance of an attempted surrender of the premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. No re-entry or taking possession of the Premises by Landlord pursuant to Section 20.2(a)(ii) or otherwise shall constitute an election by Landlord to terminate this Lease, unless a written Notice of such
Implied Waiver. The waiver by a Party of a breach or default by the other of any provision of this Customer Agreement, or the failure on the part of either Party to exercise any right or privilege, shall not be construed as a waiver of any subsequent breach or default by the other Party, or as a waiver of any such provision, right, or privilege.
Implied Waiver. The failure of a Party in any one or more instances to insist upon strict performance of any provision of this ASP Agreement is not a waiver or relinquishment of the right to assert or rely upon any provision on any future occasion.
Implied Waiver. 49 ARTICLE XI - ASSIGNMENT AND SUBLETTING
11.01 Binding Effect........................... 50 11.02 Assignment............................... 50 11.03 Subletting............................... 51 ARTICLE XII - MISCELLANEOUS
Implied Waiver. The failure of Landlord or Tenant to insist on strict performance of any of the covenants or conditions of this Lease, or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, or a waiver or relinquishment at that time or in the future of any other covenant, condition, or option, but the same shall be and remain in full force and effect. Acceptance by Landlord of Rental from Tenant with knowledge of the existence of a breach of this Lease by Tenant shall not constitute a waiver of such breach, nor a waiver of the right of Landlord to insist upon Tenant's curing such breach or default. Payment by Tenant of Rental to Landlord with knowledge of the existence of a breach of this Lease by Landlord shall not constitute a waiver of such breach, nor a waiver of the right of Tenant to insist upon Landlord's curing such breach or Default. END OF ARTICLE X
