No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 88 contracts
Samples: Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Institutional Funds Trust)
No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 61 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement, Mutual Non Disclosure Agreement
No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 13 contracts
Samples: Mutual Confidentiality and Non Disclosure Agreement, Confidentiality Agreement, Mutual Non Disclosure Agreement
No Implied Waiver. Either Except as expressly provided herein, any party’s 's failure to insist in any one or more instances upon strict performance by the any other party of any of the terms of this Agreement Contract shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 4 contracts
Samples: Commitment Agreement (Peabody Energy Corp), Definitive Transaction Framework Agreement (General Motors Co), Transaction Framework Agreement (General Motors Co)
No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.. Signatures
Appears in 3 contracts
Samples: Mutual Confidentiality and Non Disclosure Agreement, Mutual Confidentiality and Non Disclosure Agreement, Mutual Confidentiality and Non Disclosure Agreement
No Implied Waiver. Either Any party’s failure to insist in any one or more instances upon strict performance by the other party of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 2 contracts
Samples: Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds)
No Implied Waiver. Either partyParty’s failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 2 contracts
Samples: Mutual Non Disclosure Agreement, Non Disclosure Agreement
No Implied Waiver. Either Except as expressly set forth herein, any party’s 's failure to insist in any one or more instances upon strict performance by the any other party of any of the terms of this Agreement shall Contract will not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 2 contracts
Samples: Group Annuity Contract (BOISE CASCADE Co), Group Annuity Contract (BOISE CASCADE Co)
No Implied Waiver. Either party’s The failure of any party to insist insist, in any one or more instances instances, upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 2 contracts
Samples: Independent Contractor Agreement, Confidentiality and Nondisclosure Agreement
No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof. The waiver by either party hereto of any breach of the terms and conditions hereof will not be considered a modification of any provision, nor shall such a waiver act to bar the enforcement of any subsequent breach.
Appears in 1 contract
Samples: Confidentiality Agreement
No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Investment Advisory Agreement (American Beacon Funds)
No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Confidentiality Agreement
No Implied Waiver. Either partyParty’s failure to insist in any one or more instances upon strict performance by the other party Party or any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereofthereof.
Appears in 1 contract
No Implied Waiver. Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Confidentiality Agreement
No Implied Waiver. Either party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement Confidentiality Statement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Confidentiality Statement
No Implied Waiver. Either party’s Party's failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Nondisclosure Agreement
No Implied Waiver. Either A party’s 's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Confidentiality Agreement
No Implied Waiver. Either party’s Any Party's failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Confidentiality Agreement
No Implied Waiver. Either party’s failure to insist or waiver in any one or for more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereofwithin this Agreement.
Appears in 1 contract
No Implied Waiver. Either partyParty’s failure to insist insist, in any one or more instances upon instances, on strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Consignment Agreement
No Implied Waiver. Either party’s Party's failure to insist in any one or more instances upon strict performance by the other party Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Appears in 1 contract
Samples: Confidentiality Agreement
