Common use of No Implied Waivers Clause in Contracts

No Implied Waivers. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent time or times hereunder.

Appears in 28 contracts

Samples: Assignment Agreement, Assignment Agreement, Assignment Agreement

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No Implied Waivers. No action taken pursuant to this Agreement, including including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 15 contracts

Samples: Call Agreement (Maffei Gregory B), Call Agreement (Qurate Retail, Inc.), Call Agreement

No Implied Waivers. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 10 contracts

Samples: Voting and Right of First Refusal Agreement (Liberty Entertainment, Inc.), Voting and Right of First Refusal Agreement (Liberty Entertainment, Inc.), Standstill Agreement (Liberty Entertainment, Inc.)

No Implied Waivers. No action taken pursuant to this Agreement, including including, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants agreements, covenants, obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such party’s rights 's rights, privileges or privileges remedies hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 3 contracts

Samples: Content License Agreement (Healtheon Webmd Corp), Content License Agreement (Healtheon Webmd Corp), Contribution Agreement (Startek Inc)

No Implied Waivers. No action taken pursuant to this AgreementAmendment, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement Amendment shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent time or times hereunder.

Appears in 3 contracts

Samples: Stockholders Agreement (Liberty Expedia Holdings, Inc.), Stockholders Agreement (Liberty Expedia Holdings, Inc.), Stockholders Agreement (Liberty Expedia Holdings, Inc.)

No Implied Waivers. No action taken pursuant to this ------------------ Agreement, including including, without limitation, any investigation by or on behalf of any partyparty or beneficiary, shall be deemed to constitute a waiver by the party or beneficiary taking such action of compliance with any representationsagreements, warrantiescovenants, covenants obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto of a breach or benefit of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party or beneficiary to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such party’s rights 's or beneficiary's rights, privileges or remedies hereunder or shall be deemed a waiver of such party’s 's or beneficiary's rights to exercise the same at any subsequent time or times hereundertime.

Appears in 3 contracts

Samples: Warrant Agreement (Convergent Communications Inc /Co), Warrant Agreement (Convergent Communications Inc /Co), Investor Rights Agreement (Convergent Communications Inc /Co)

No Implied Waivers. No action taken pursuant to this Agreement, including including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto thereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Mentus Media Corp), Stock Purchase Agreement (Mentus Media Corp)

No Implied Waivers. No action taken pursuant to this Agreement, including ------------------ including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants agreements, covenants, obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such party’s rights 's rights, privileges or privileges remedies hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 2 contracts

Samples: Recapitalization Agreement (Pinnacle Holdings Inc), Recapitalization Agreement (Pinnacle Holdings Inc)

No Implied Waivers. No action taken pursuant to this ------------------ Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 2 contracts

Samples: Stockholders' Agreement (Malone John C), Stockholders' Agreement (Tele Communications Inc /Co/)

No Implied Waivers. No action taken pursuant to this Agreement, including including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants agreements, covenants, obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such party’s rights 's rights, privileges or privileges remedies hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 2 contracts

Samples: Stockholders Agreement (Sandler Mezzanine General Partnership), Stockholders Agreement (Paxson Communications Corp)

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No Implied Waivers. No action taken pursuant to this Agreement, including including, without limitation, any investigation by or on behalf of any partyparty or beneficiary, shall be deemed to constitute a waiver by the party or beneficiary taking such action of compliance with any representationsagreements, warrantiescovenants, covenants obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto of a breach or benefit of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party or beneficiary to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such party’s rights 's or beneficiary's rights, privileges or remedies hereunder or shall be deemed a waiver of such party’s 's or beneficiary's rights to exercise the same at any subsequent time or times hereundertime.

Appears in 2 contracts

Samples: Registration Rights Agreement (Mentus Media Corp), Securities Purchase Agreement (TPG Advisors Iii Inc)

No Implied Waivers. No waiver of any right or remedy or of compliance with any provisions hereof, and no consent provided for herein, shall be effective unless evidenced by an instrument in writing executed by the Party sought to be charged with such waiver or consent. No action taken pursuant to this Agreement, including any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants agreements, covenants, obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party Party to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such partyParty’s rights rights, privileges or privileges remedies hereunder or shall be deemed a waiver of such partyParty’s rights to exercise the same at any subsequent time or times hereunder.

Appears in 1 contract

Samples: Project Agreement (Zaxis International Inc)

No Implied Waivers. No action taken pursuant to this Agreement, including including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 1 contract

Samples: Sports Marketing Agreement (Global Sports & Entertainment Inc/)

No Implied Waivers. No action taken pursuant to this ------------ ------------------ Agreement, including including, without limitation, any investigation by or on behalf of any partyparty or beneficiary, shall be deemed to constitute a waiver by the party or beneficiary taking such action of compliance with any representationsagreements, warrantiescovenants, covenants obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto of a breach or benefit of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party or beneficiary to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such party’s rights 's or beneficiary's rights, privileges or remedies hereunder or shall be deemed a waiver of such party’s 's or beneficiary's rights to exercise the same at any subsequent time or times hereundertime.

Appears in 1 contract

Samples: Investor Rights Agreement (Convergent Communications Inc /Co)

No Implied Waivers. No action taken pursuant to this AgreementTerm Sheet, including including, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants agreements, covenants, obligations or agreements commitments contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement Term Sheet shall not operate or be construed as a waiver of any preceding or succeeding breach and no failure by any party to exercise any right right, privilege or privilege remedy hereunder shall be deemed a waiver of such party’s rights 's rights, privileges or privileges remedies hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.

Appears in 1 contract

Samples: Services Agreement (Savvis Communications Corp)

No Implied Waivers. No action taken pursuant to this Agreement, including including, without limitation, any investigation by or on behalf of any partyparty hereto, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein or made pursuant hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach and no party's failure by any party to exercise or delay in exercising any right or privilege hereunder shall be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent time or times hereunder.such

Appears in 1 contract

Samples: Stock Purchase Agreement (Barington Capital Group L P)

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