Common use of No Waiver by Conduct Clause in Contracts

No Waiver by Conduct. The failure of either party to exercise any power given such party hereunder or to insist upon strict compliance by the other party with its obligations hereunder shall not, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such parties rights to demand exact compliance with the terms hereof.

Appears in 3 contracts

Samples: Sale and Purchase Agreement and Joint Escrow Instructions (Modtech Holdings Inc), Sale and Purchase Agreement (A21 Inc), Sale and Purchase Agreement (Input Output Inc)

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No Waiver by Conduct. The failure of either any party to exercise any power given such party hereunder or to insist upon strict compliance by the other party parties with its obligations hereunder shall not, and no custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver of such parties party’s rights to demand exact compliance with the terms hereof.

Appears in 2 contracts

Samples: Master Settlement Agreement, Master Settlement Agreement (Exide Technologies)

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No Waiver by Conduct. The failure of either party to exercise any --------------------- power given such party hereunder or to insist upon strict compliance by the other party with its obligations hereunder shall not, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of such parties rights to demand exact compliance with the terms hereof.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Premier Parks Inc)

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