Common use of No Implied Waivers Clause in Contracts

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 36 contracts

Samples: Independent Contractor Agreement, Consulting Agreement (Health in Harmony, Inc.), Consulting Agreement (Health in Harmony, Inc.)

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No Implied Waivers. The failure Failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver . Waiver by either party of a breach of any provision hereof be taken or held to be obligation hereunder shall not constitute a waiver of any subsequent succeeding breach of the same provision or obligation. Failure of either party to exercise any other provisionof its rights provided herein shall not constitute a waiver of such right.

Appears in 28 contracts

Samples: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.

Appears in 28 contracts

Samples: Master Distributor Agreement, Non Exclusive Distribution Agreement, Distributor Agreement

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other such provision.

Appears in 17 contracts

Samples: Executive Services Agreement (3d Systems Corp), Executive Services Agreement (3d Systems Corp), Terms and Conditions of Sale

No Implied Waivers. The failure of If either party at any time fails to require performance of any duty hereunder by the other party of any provision hereof party, such failure shall not affect in any way the its right to require such performance at of that or any time other duty thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to of this Agreement shall not be a waiver of the provision itself or a waiver of any subsequent breach thereafter, or a waiver of the same provision or any other provisionprovision herein.

Appears in 14 contracts

Samples: Inventory Purchase Agreement, Terms of Service and License Agreement, Terms of Service and License Agreement

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at any time thereafter, nor shall the any waiver by either any party of a breach of any provision hereof be taken or held to be herein constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.

Appears in 9 contracts

Samples: Agreement (Firstamerica Automotive Inc /De/), Agreement Between American Honda Motor Company and Lithia Motors, Inc. (Lithia Motors Inc), Dealership Agreement (Group 1 Automotive Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionlater time.

Appears in 7 contracts

Samples: Consulting Services Agreement, Consulting Services Agreement, Architect/Engineer Agreement

No Implied Waivers. The failure of either party at any time to require the performance by the other party of to any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to be shall not constitute a waiver of any subsequent breach of the same provision or any other provision, nor shall it constitute a waiver of the provision itself.

Appears in 6 contracts

Samples: Employment Agreement, Confidentiality Agreement, Consulting Agreement (Dover Petroleum Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at any time thereafter, nor shall the . The waiver by either any party of a breach of any provision hereof be taken or held to be herein shall not constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision or constitute a waiver of the provision itself.

Appears in 5 contracts

Samples: Retailer Agreement (HBL LLC), Dealer Agreement (United Auto Group Inc), Retailer Agreement (Uag Connecticut I LLC)

No Implied Waivers. The failure of If either party at any time Party fails to require performance of any duty hereunder by the other party of any provision hereof Party, such failure shall not affect in any way the its right to require such performance at of that or any time other duty thereafter, nor shall the . The waiver by either party Party of a breach of any provision hereof be taken or held to of this Agreement shall not be a waiver of the provision itself or a waiver of any subsequent breach thereafter, or a waiver of the same provision or any other provisionprovision herein.

Appears in 5 contracts

Samples: Distribution Agreement (G Medical Innovations Holdings Ltd.), Distribution Agreement (G Medical Innovations Holdings Ltd.), Distribution Agreement (G Medical Innovations Holdings Ltd.)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance of that or any other provision at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.

Appears in 4 contracts

Samples: Sales Representative Agreement, Sales Representative Agreement, Sales Representative Agreement (Ambarella Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance per­form­ance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 4 contracts

Samples: Employment Agreement (Vyyo Inc), Employment Agreement (Vyyo Inc), Employment Agreement (Vyyo Inc)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party Party of a breach of any provision hereof be taken or held to be of this Agreement constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionsuch provision nor constitute a waiver of the provision itself.

Appears in 4 contracts

Samples: Customer Care and Aftersales Agreement (Tecogen Inc.), Customer Care and Aftersales Agreement (Tecogen Inc.), Customer Care and Aftersales Agreement (Tecogen Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same such provision or any other provisionas a waiver of the provision itself. Consequently no term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.

Appears in 4 contracts

Samples: End User Software License Agreement, End User Software License Agreement, End User Software License Agreement

No Implied Waivers. The failure failures of either party at any time to require performance by the other party at any time to require performance by the other party of any provision hereof herein shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.,

Appears in 4 contracts

Samples: Consulting Agreement (China North East Petroleum Holdings LTD), Consulting Agreement (China North East Petroleum Holdings LTD), Consulting Agreement (China North East Petroleum Holdings LTD)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party of any provision hereof shall herein will not affect in any way the right of such Party to require such performance at any time thereafter, nor shall will the waiver by failure of either party of Party to take action regarding a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 4 contracts

Samples: Service Agreement, General Terms and Conditions, General Terms and Conditions

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 4 contracts

Samples: Distributor Agreement (American Soil Technologies Inc), Lease Agreement (On Point Technology Systems Inc), Distributor Agreement (Viral Genetics Inc /De/)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right to require such performance at any time thereafterlater time, nor shall the waiver by either party Party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other such provision.

Appears in 4 contracts

Samples: Exclusive License Agreement (Natural Alternatives International Inc), Exclusive License Agreement (Natural Alternatives International Inc), Exclusive License Agreement (Natural Alternatives International Inc)

No Implied Waivers. The failure of either party at any time to require the performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall and the waiver by either party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 4 contracts

Samples: Exclusive Marketing Agreement, Exclusive Marketing Agreement (Align Technology Inc), Exclusive Marketing Agreement (Align Technology Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provisionprovision hereof.

Appears in 3 contracts

Samples: Distribution Agreement (Scansoft Inc), Distribution Agreement (Scansoft Inc), Distribution Agreement (Datawatch Corp)

No Implied Waivers. The failure of either party any Party at any time to require performance by the any other party Party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either party any Party of a breach of any provision hereof shall not be taken construed or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 3 contracts

Samples: Services Agreement (Apollo Medical Holdings, Inc.), Stock Purchase Agreement (Apollo Medical Holdings, Inc.), Services Agreement (Apollo Medical Holdings, Inc.)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision provisions hereof shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 3 contracts

Samples: Professional Services, Professional Services Agreement, Professional Services

No Implied Waivers. The failure of either party any party, at any time time, to require performance by the other party parties of any provision hereof shall not affect in any way the right to require such performance at any time thereafterin the future, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of such provision. A waiver by any subsequent of the parties hereto of any breach of the same provision or Agreement shall not be construed to be a waiver of any other provisionsucceeding breach thereof.

Appears in 3 contracts

Samples: License Agreement, License Agreement (Collegiate Pacific Inc), License Agreement (Sport Supply Group Inc)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the right to require such performance at any time thereafter, nor shall the waiver non-enforcement by either party Party of a breach of or any provision hereof be taken or held to be a waiver of any subsequent succeeding breach or of the same provision or any other provisionitself.

Appears in 3 contracts

Samples: Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement

No Implied Waivers. The failure of either party at any time to ------------------ require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 3 contracts

Samples: Employment Agreement (Vyyo Inc), Covenant Not to Compete Agreement (Clinicor Inc), Employment Agreement (Vyyo Inc)

No Implied Waivers. The failure of either any party at any time to require performance by the other party of any provision hereof hereof' shall not affect in any way the right to require such performance at any time thereafter, thereafter nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 2 contracts

Samples: Medical Services Agreement (Oncure Technolgies Corp), Medical Services Agreement (Oncure Technolgies Corp)

No Implied Waivers. The failure of either any party at any time to require the performance by the any other party of to any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either of any party of a breach of any provision hereof be taken or held to be shall not constitute a waiver of any subsequent breach of the same provision or any other provision, nor shall it constitute a waiver of the provision itself.

Appears in 2 contracts

Samples: Mutual Non Disclosure and Confidentiality Agreement, Contract for Sale and Purchase (Getty Realty Corp /Md/)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the . A waiver by either party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor nor, shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 2 contracts

Samples: Software License Agreement (Euronet Worldwide Inc), Software License Agreement (Euronet Worldwide Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the right of such party to require such performance at any time thereafterafter, nor shall will the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.

Appears in 2 contracts

Samples: Dealer Agreement (AgEagle Aerial Systems Inc.), Distributor Agreement (Sonasoft CORP)

No Implied Waivers. The failure of either party at any time to require ------------------- performance by the other party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provisionprovision hereof.

Appears in 2 contracts

Samples: Distribution Agreement (Sonicwall Inc), Distribution Agreement (Sonicwall Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.

Appears in 2 contracts

Samples: Master Distributor Agreement, Master Distributor Agreement (Surge Components Inc)

No Implied Waivers. The failure failures of either party at any time to require performance by the other party at any time to require performance by the other party of any provision hereof herein shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 2 contracts

Samples: Consulting Agreement (China North East Petroleum Holdings LTD), Consulting Agreement (China North East Petroleum Holdings LTD)

No Implied Waivers. The failure of either any party at any time to require performance by the other party parties of any provision hereof shall not in no way affect in any way the right to require such performance at any time thereafter, nor . Nor shall the waiver by either any party of a breach of any provision hereof be taken or held to be constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision nor constitute a waiver of the provision itself.

Appears in 2 contracts

Samples: Joint Venture Agreement (Eddie Bauer Holdings, Inc.), Joint Venture Agreement (Eddie Bauer Holdings, Inc.)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party Party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same such provision or any other provisionas a waiver of the provision itself.

Appears in 2 contracts

Samples: Business Consulting Agreement, Business Consulting Agreement (HCi Viocare)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionlater time.

Appears in 2 contracts

Samples: Professional Services, Consultant Agreement

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision provisions hereof shall not affect will in any no way effect the right to require such performance at any time thereafter, nor shall will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionprovisions hereof.

Appears in 2 contracts

Samples: Clinical Trial Agreement (Photoelectron Corp), Clinical Trial Agreement (Photoelectron Corp)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafterlater time, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other such provision.

Appears in 2 contracts

Samples: Distributorship Agreement (Ontro Inc), License Agreement (Ontro Inc)

No Implied Waivers. The failure of either party at any time anytime to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 2 contracts

Samples: Strategic Alliance Agreement (Gateway Access Solutions Inc), Strategic Alliance Agreement (Gateway Access Solutions Inc)

No Implied Waivers. The failure of either a party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either a party of a breach of any provision provisions hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 2 contracts

Samples: Sales Agency Agreement (SFX Entertainment, INC), Sales Agency Agreement (Viggle Inc.)

No Implied Waivers. The failure of either party at any time to enforce any provision of the Assignment, or to require performance by under any provisions of the other party of any provision hereof Assignment, shall not affect in any way the that party’s right to enforce such provision or require such full performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof breach shall not be taken or held to be construed as a waiver of any subsequent breach of the same provision or any other provision.

Appears in 2 contracts

Samples: Credit Agreement (Consonus Technologies, Inc.), Assignment and Assumption of Lease (Consonus Technologies, Inc.)

No Implied Waivers. The failure of either party at any time to ------------------ require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provisionitself.

Appears in 2 contracts

Samples: Distribution Agreement (Natus Medical Inc), Distribution Agreement (Natus Medical Inc)

No Implied Waivers. The failure of Failure by either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the right to require such full performance at any time thereafterhereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be of this Agreement constitute a waiver of or any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor hereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 2 contracts

Samples: Exclusive Distribution Agreement (United Energy Corp /Nv/), Exclusive Distribution Agreement (United Energy Corp /Nv/)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof shall not be taken construed or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 2 contracts

Samples: Trademark License (Aris Industries Inc), Trademark License (Biscayne Apparel Inc /Fl/)

No Implied Waivers. The failure of either party at any time to require the performance by the other party of any to nay provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to be shall not constitute a waiver of any subsequent breach of the same provision or any other provision, nor shall it constitute a waiver of the provision itself.

Appears in 2 contracts

Samples: Consulting Agreement (Ecom Ecom Com Inc), Consulting Agreement (Ecom Ecom Com Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 2 contracts

Samples: End User License Agreement, Software Development and License Agreement (Volcano CORP)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not will in no way affect in any way the right to require such performance at any time thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to be shall not constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Distributor Agreement (Stewart & Stevenson Services Inc)

No Implied Waivers. The Except as otherwise provided in this Agreement, the failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision or constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Dealer Agreement (Penske Automotive Group, Inc.)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of such provision, or as a waiver of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Dealer Agreement (N Gen Solutions Com Inc)

No Implied Waivers. The failure waiver of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of or any provision hereof be taken or held to be a waiver of any subsequent succeeding breach or of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Value Added Reseller Agreement

No Implied Waivers. The failure Failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.. Waiver

Appears in 1 contract

Samples: Corporate Services Agreement (Wma Corp)

No Implied Waivers. The failure of either any party at any time hereto to require performance by the any other party of any provision hereof shall not in no way will affect in any way the right to require such performance at any time thereafter, nor shall will the waiver by either any party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionhereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Oge Energy Corp)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or of any other provision.

Appears in 1 contract

Samples: Consulting Agreement (Pacific Development Corp)

No Implied Waivers. The failure of either party any Party at any time to require performance by the other party Party of any provision hereof shall not in no way affect in any way the right of such Party to require such performance at any time thereafter, thereafter nor shall the waiver by either party any Party of a breach of any provision hereof be taken or held to be constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision or constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Joint Venture Agreement (HCi Viocare)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof of this Agreement or to exercise any right provided for herein, shall not in no way affect in any way the right of such party to require such performance or exercise such right at any time thereafter, nor shall the . No waiver by either party of a breach of any provision hereof be taken or held to be herein shall constitute a waiver of any subsequent breach breach, or a waiver of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Dealer Agreement (Autobytel Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance per-form-ance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 1 contract

Samples: Employment Agreement (Voice Diary Inc)

No Implied Waivers. The failure of either party at any time to require ------------------ performance by the other party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the thereafter unless such waiver is in writing. The waiver by either party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provisionprovision hereof unless specifically stated in writing.

Appears in 1 contract

Samples: Oem Agreement (Davox Corp)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the full right to require request such performance at any time thereafter, nor shall will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach or of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Consulting Agreement (Digital Entertainment Network Inc)

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No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same such provision or any other provisionas a waiver of the provision itself.

Appears in 1 contract

Samples: Distribution Agreement (Paracelsian Inc /De/)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision provisions hereof shall not affect will in any no way effect the right to require such performance at any time thereafter, nor shall will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionprovisions hereof.

Appears in 1 contract

Samples: International Distributor Sales and Service Agreement (Photoelectron Corp)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any no way effect the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same such provision or any other provisionas a waiver of the provision itself.

Appears in 1 contract

Samples: Accelerated Reader Resale Agreement (Advantage Learning Systems Inc)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party Party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provisionprovision hereof.

Appears in 1 contract

Samples: Non Exclusive Reseller Agreement (Sequiam Corp)

No Implied Waivers. The the failure of either party at any time to require performance by the any other party of any provision hereof shall will not affect affect in any way the right to require such performance at any time thereafterthereaGer, nor shall will the waiver by either any party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 1 contract

Samples: Client Agreement

No Implied Waivers. The failure Failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver . Waiver by either party of a breach of any provision hereof be taken or held to be obligation hereunder shall not constitute a waiver of any subsequent succeeding breach of the same provision or obligation itself. Failure of either party to exercise any other provisionof its rights provided under this Agreement shall not constitute a waiver of such right.

Appears in 1 contract

Samples: Directed Reinsurance Agreement (Wma Corp)

No Implied Waivers. The failure of If either party at any time fails to require performance of any duty hereunder by the other party of any provision hereof party, such failure shall not affect in any way the its right to require such performance at of that, or any time other, duty thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to of this Agreement shall not be a waiver of the provision itself, a waiver of any subsequent breach thereafter, or a waiver of the same provision or any other provisionprovision herein.

Appears in 1 contract

Samples: Distribution Agreement (Cono Italiano, Inc.)

No Implied Waivers. The failure or delay of either any party at any time to require the performance by the any other party of to any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the . The waiver by either of any party of a breach of any provision hereof be taken or held to be shall not constitute a waiver of any subsequent breach of the same provision or any other provision, nor shall it constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Founder Profit and Equity Participation Agreement

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way manner the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 1 contract

Samples: Environmental Services Agreement

No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right full rights to require such performance at any time thereafter, nor shall the . The waiver by either party Party of a breach of any provision hereof shall not be taken taken, construed, or held to be a waiver of the provision itself or a waiver of any subsequent breach of the same provision thereafter or any other provision.provision hereof. IKON Sequium Agreement v03.08.05 (Execution copy).doc

Appears in 1 contract

Samples: Non Exclusive Reseller Agreement (Sequiam Corp)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 1 contract

Samples: Employment Agreement (DSP Group Inc /De/)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionprovisions.

Appears in 1 contract

Samples: Service Agreement (DSP Group Inc /De/)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the reafter. The waiver by either party of a breach of any provision hereof be taken or held to be shall not constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Manufacturer/Distributor Agreement (Franklin Ophthalmic Instruments Co Inc)

No Implied Waivers. The failure of If either party at any time fails to require performance by the other party of any provision hereof duty hereunder by any other party, such failure shall not affect in any way the its right to require such performance at of that or any time other duty thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to of this Agreement shall not be a waiver of the provision itself of any subsequent breach thereafter, or a waiver of the same provision or any other provisionprovisions herein.

Appears in 1 contract

Samples: Consulting Agreement (Falconridge Oil Technologies Corp.)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at an any time thereafter, nor shall the any waiver by either any party of a breach of any provision hereof be taken or held to be herein constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Dealership Agreement (Sonic Automotive Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Exclusive Purchase and Supply Agreement (Imagenetix Inc /Nv/)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by of either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same a provision or any other provision.itself

Appears in 1 contract

Samples: Exclusive Concession Agreement (Sagent Technology Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.waiver

Appears in 1 contract

Samples: Incentive Compensation Agreement (Kimberton Enterprises Inc)

No Implied Waivers. The failure of If either party at any time fails to require performance of any duty hereunder by the other party of any provision hereof party, such failure shall not affect in any way the its right to require such performance at of that or any time other duty thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to of this Agreement shall not be a waiver of the provision itself or a waiver of any subsequent breach thereafter. or a waiver of the same provision or any other provisionprovision herein.

Appears in 1 contract

Samples: Distribution Agreement (CelLynx Group, Inc.)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof of this Agreement or to exercise any right provided for herein, shall not in no way affect in any way the right of such party to require such performance or exercise such right at any time thereafter, nor shall the . No waiver by either party of a breach of any provision hereof be taken or held to be herein shall constitute a waiver of any subsequent breach breach, or a waiver of the same provision or any other provision.itself. C.

Appears in 1 contract

Samples: Dealer Agreement (Autobytel Inc)

No Implied Waivers. The failure of either party at any time to require ------------------ performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor hereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be constitute a waiver of any subsequent succeeding breach of the same provision or any other such provision, nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Distributor Agreement (Brass Eagle Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.. c.

Appears in 1 contract

Samples: Employment Agreement (Vyyo Inc)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, ; nor shall the waiver by either party Party of a breach of any provision hereof be taken or held to be constitute a waiver of any subsequent succeeding breach of the same provision or any other such provision, nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Distribution Agreement (Virexx Medical Corp)

No Implied Waivers. The failure of Failure by either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the right to require such full performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be of this Agreement constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Promotional Agreement

No Implied Waivers. The failure of either party Party at any time to require the performance by the other party Party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall and the waiver by either party Party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Promissory Note

No Implied Waivers. The failure of If either party at fails to require ------------------ performance of any time duty hereunder by the other party, such failure shall not affect its right to require performance by the of that or any other party of any provision hereof shall not affect in any way the right to require such performance at any time duty thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to of this Agreement shall not be a waiver of the provision itself or a waiver of any subsequent breach thereafter, or a waiver of the same provision or any other provisionprovision herein.

Appears in 1 contract

Samples: Distribution Agreement (Ramp Networks Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof of this Agreement shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Distributor Agreement (Cybex International Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right of such party to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Technology Reseller Agreement (Onscreen Technologies Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall will not affect in any way the right to require such performance at any later time thereafter, nor shall will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionwaiver.

Appears in 1 contract

Samples: Distribution Agreement (America Greener Technologies, Inc.)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of such provisions, or as a waiver of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Educational Dealer Agreement (N Gen Solutions Com Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be of this Agreement constitute a waiver of any subsequent succeeding breach of the same provision or any other provisionprovision nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Authorized Service Agent Agreement

No Implied Waivers. The failure of If either party at any time fails to require performance of ------------------ any duty hereunder by the other party of any provision hereof party, such failure shall not affect in any way the its right to require such performance at of that or any time other duty thereafter, nor shall the . The waiver by either party of a breach of any provision hereof be taken or held to of this, Agreement shall not be a waiver of the provision itself or a waiver of any subsequent breach thereafter, or a waiver of the same provision or any other provisionprovision herein.

Appears in 1 contract

Samples: Distribution Agreement (Beatnik Inc)

No Implied Waivers. The Any failure of either party at any time to require performance by the other party of any provision hereof herein shall not in no way affect in any way the right of such party to require such performance at any time thereafter, nor shall the any waiver by either party of a breach of any provision hereof be taken or held to be herein constitute a waiver of any subsequent succeeding breach of the same provision or any other provision, nor constitute a waiver of the provision itself.

Appears in 1 contract

Samples: Toyota Dealer Agreement (Lithia Motors Inc)

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 1 contract

Samples: Consulting Agreement (Health in Harmony, Inc.)

No Implied Waivers. The failure of either party at any time to require ------------------ performance by the other party of any provision hereof shall not in no way affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent succeeding breach of such provision, or as a wavier of the same provision or any other provisionitself.

Appears in 1 contract

Samples: Distributor Agreement (Brass Eagle Inc)

No Implied Waivers. The failure of either party Party at any time to require performance by the other party Party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the . A waiver by either party Party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.

Appears in 1 contract

Samples: End User License Agreement

No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any later time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provisionwaiver.

Appears in 1 contract

Samples: Incentive Compensation Agreement (Kimberton Enterprises Inc)

No Implied Waivers. The failure of either party at any time to require the performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall and the waiver by either party of a breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.itself. H.

Appears in 1 contract

Samples: Exclusive Purchasing and Marketing Agreement (Easy Energy Inc)

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