No Implied Waivers. If either party fails to require performance of any duty hereunder by the other party, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein.
Appears in 13 contracts
Samples: Service and License Agreement, Product Purchase Agreement, Service and License Agreement
No Implied Waivers. If The failure of either party fails to require the performance of any duty hereunder by the other party, such failure party to any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The waiver by either party of a breach of any provision of this Agreement hereof shall not be constitute a waiver of any subsequent breach of the same or any other provision, nor shall it constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 6 contracts
Samples: Confidentiality Agreement, Confidentiality Non Circumvention and Non Disclosure Agreement, Consulting and Compensation Agreement (Dover Petroleum Inc)
No Implied Waivers. If either party Party fails to require performance of any duty hereunder by the other partyParty, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party Party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision 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. If The failure of either party fails at any time to require performance of any duty hereunder by the other party, such failure party of any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The , nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of this Agreement shall not be any succeeding breach of such provision or as a waiver of the provision itself itself. Consequently no term or a provision hereof shall be deemed waived and no breach excused unless such waiver of any breach thereafter, or a waiver of any other provision hereinconsent shall be in writing and signed by the party claimed to have waived or consented.
Appears in 4 contracts
Samples: Software Licence Agreement, Software Licence Agreement, Software Licence Agreement
No Implied Waivers. If The failure of either party fails Party at any time to require performance of any duty hereunder by the other party, such failure Party of any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The Nor shall the waiver by either party Party of a breach of any provision of this Agreement shall not be constitute a waiver of any succeeding breach of the same or any other such provision nor constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 4 contracts
Samples: Aftersales Agreement (Tecogen Inc.), Aftersales Agreement (Tecogen Inc.), Aftersales Agreement (Tecogen Inc)
No Implied Waivers. If The failure of either party fails at any time to enforce any provision of the Assignment, or to require performance under any provisions of any duty hereunder by the other partyAssignment, such failure shall not affect its in any way that party’s right to enforce such provision or require full performance of that or at any other duty time thereafter. The waiver by either party of a breach of any provision of this Agreement breach shall not be construed as a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinprovision.
Appears in 2 contracts
Samples: Credit Agreement (Consonus Technologies, Inc.), Assignment and Assumption of Lease (Consonus Technologies, Inc.)
No Implied Waivers. If The failure of either party fails to require the performance of any duty hereunder by the other party, such failure party to nay provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The waiver by either party of a breach of any provision of this Agreement hereof shall not be constitute a waiver of any subsequent breach of the same or any other provision, nor shall it constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 2 contracts
Samples: Consulting and Compensation Agreement (Ecom Ecom Com Inc), Consulting and Compensation Agreement (Ecom Ecom Com Inc)
No Implied Waivers. If either The failure of any party fails to require the performance of by any duty hereunder by other party to any provision hereof shall in no way affect the other party, such failure shall not affect its full right to require such performance of that or at any other duty time thereafter. The waiver by either of any party of a breach of any provision of this Agreement hereof shall not be constitute a waiver of any subsequent breach of the same or any other provision, nor shall it constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 2 contracts
Samples: Disclosure, Confidentiality and Non Circumvention Agreement, Contract for Sale and Purchase (Getty Realty Corp /Md/)
No Implied Waivers. If either The failure of any party fails at any time to require performance of any duty hereunder by the other party, such failure parties of any provision hereof shall not in no way affect its the right to require such performance of that or at any other duty time thereafter. The Nor shall the waiver by either any party of a breach of any provision hereof constitute a waiver of this Agreement shall not be any succeeding breach of the same or any other provision nor constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 2 contracts
Samples: Joint Venture Agreement (Eddie Bauer Holdings, Inc.), Joint Venture Agreement (Eddie Bauer Holdings, Inc.)
No Implied Waivers. If Failure of either party fails at any time to require performance of any duty hereunder by the other party, such failure shall not party of any provision of this Agreement will in no way affect its the full right to require such performance of that or at any other duty thereafterlater time. The waiver Waiver by either party of a breach of any provision of obligation in this Agreement shall will not be a waiver of the provision itself or constitute a waiver of any succeeding breach thereafter, or of the same obligation. Failure of either party to exercise any of its rights under this Agreement will not constitute a waiver of any other provision hereinsuch right.
Appears in 1 contract
Samples: Employment Agreement (Lear Corp)
No Implied Waivers. If The failure of either party fails at any time to require required performance of any duty hereunder by the other party, such failure party of any provision hereof shall not affect its right in any way the full rights to require such performance of that or at any other duty time thereafter. The waiver by either party of a breach of any provision of this Agreement hereof shall not be taken, construed or held to be a waiver of the provision itself or a waiver of any breach thereafter, thereafter or a waiver of any other provision hereinhereof.
Appears in 1 contract
Samples: Distribution Agreement (Sage Inc/Ca)
No Implied Waivers. If The failure of either party fails at any time to require performance of any duty hereunder by the other partyparty of any provision of this Agreement or to exercise any right provided for herein, shall in no way affect the right of such failure shall not affect its right party to require such performance of that or exercise such right at any other duty time thereafter. The No waiver by either party of a breach of any provision herein shall constitute a waiver of this Agreement shall not be any subsequent breach, or a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 1 contract
Samples: Form Autobytel Inc. Dealer Agreement (Autobytel Inc)
No Implied Waivers. If The failure of either party fails at any time to require ------------------ performance of any duty hereunder by the other party, such failure party of any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty thereaftertime hereafter. The Nor shall the waiver by either party of a breach of any provision hereof constitute a waiver of this Agreement shall not be any succeeding breach of the same or any other such provision, nor constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 1 contract
No Implied Waivers. If The failure of either party fails to require performance of any duty hereunder by the other party, such failure shall not party of any provision hereof will in no way affect its the right to require such performance of that or at any other duty time thereafter. The waiver by either party of a breach of any provision of this Agreement hereof shall not be constitute a waiver of any succeeding breach of the same or any other provision nor constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 1 contract
Samples: Distributor Agreement (Stewart & Stevenson Services Inc)
No Implied Waivers. If either party fails to require performance of any duty hereunder by the other party, such failure shall not affect its right to require performance of that that, or any other other, duty thereafter. The waiver by either party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or itself, a waiver of any breach thereafter, or a waiver of any other provision herein.
Appears in 1 contract
No Implied Waivers. If The failure of either party fails at any time to require performance of any duty hereunder by the other party, such failure party of any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The Nor shall the waiver by either party of a breach of any provision of this Agreement shall not be constitute a waiver of any succeeding breach of the same or any other provision nor constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 1 contract
Samples: Authorized Service Agent Agreement
No Implied Waivers. If (e) Except as otherwise provided in this Agreement, the failure of either party fails at any time to require performance of any duty hereunder by the other party, such failure party of any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The , nor shall the waiver by either party of a breach of any provision hereof constitute a waiver of this Agreement shall not be any succeeding breach of the same or any other provision or constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 1 contract
No Implied Waivers. If either party fails to require performance of any duty hereunder by the other party, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein.. 13.12
Appears in 1 contract
Samples: Inventory Purchase Agreement
No Implied Waivers. If either party fails to require performance of ------------------ any duty hereunder by the other party, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party of a breach of any provision of this this, Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein.
Appears in 1 contract
Samples: Distribution Agreement (Beatnik Inc)
No Implied Waivers. If The failure of either party fails Party at any time to require performance of any duty hereunder by the other party, such failure Party of any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty thereafter. The ; nor shall the waiver by either party Party of a breach of any provision hereof constitute a waiver of this Agreement shall not be any succeeding breach of the same or any other such provision, nor constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 1 contract
No Implied Waivers. If The failure of either party fails at any time to require performance of any duty hereunder by the other partyparty of any provision of this Agreement or to exercise any right provided for herein, shall in no way affect the right of such failure shall not affect its right party to require such performance of that or exercise such right at any other duty time thereafter. The No waiver by either party of a breach of any provision herein shall constitute a waiver of this Agreement shall not be any subsequent breach, or a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein.itself. C.
Appears in 1 contract
Samples: Dealer Agreement (Autobytel Inc)
No Implied Waivers. If The failure of either party fails at any time to require ------------------ performance of any duty hereunder by the other party, such failure party of any provision hereof shall not affect its right in any way the full rights to require such performance of that or at any other duty thereaftertime thereafter unless such waiver is in writing. The waiver by either party of a breach of any provision of this Agreement hereof shall not be taken, construed, or held to be a waiver of the provision itself or a waiver of any breach thereafter, thereafter or a waiver of any other provision hereinhereof unless specifically stated in writing.
Appears in 1 contract
Samples: Oem Agreement (Davox Corp)
No Implied Waivers. If either party fails to require performance of any duty hereunder by the other party, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, . or a waiver of any other provision herein.
Appears in 1 contract
No Implied Waivers. If either party fails to require performance of any duty hereunder by the any other party, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision provisions herein.
Appears in 1 contract
No Implied Waivers. If Failure of either party fails at any time to require performance of any duty hereunder by the other party, such failure party of any provision hereof shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The waiver Waiver by either party of a breach of any provision obligation hereunder shall not constitute a waiver of any succeeding breach of the same obligation itself. Failure of either party to exercise any of its rights provided under this Agreement shall not be constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinsuch right.
Appears in 1 contract
No Implied Waivers. If either party fails to require ------------------ performance of any duty hereunder by the other party, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by either party of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein.
Appears in 1 contract
No Implied Waivers. If The failure of either party fails Party at any time to require performance of any duty hereunder by the other party, such failure Party of any provision of this Agreement shall not in no way affect its the full right to require such performance of that or at any other duty time thereafter. The , nor shall the waiver by either party Party of a breach of any provision of this Agreement shall not be constitute a waiver of any succeeding breach of the same or any other such provision nor constitute a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision hereinitself.
Appears in 1 contract
Samples: Consulting Agreement (Delphi Automotive Systems Corp)