No Waiver of Claims. The failure to enforce any provision of this Agreement does not constitute a waiver by Metro of that or any other provision.
No Waiver of Claims. The failure to enforce any provision of this Agreement shall not constitute a waiver by City of that or any otherprovision.
No Waiver of Claims. The failure by either party to enforce any provision of this agreement shall not constitute a waiver by that party of that provision or of any other provision or provisions of this agreement.
No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification, shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re-perform or replace unsatisfactory Service, including but not limited to cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
No Waiver of Claims. No failure of either Party to take any action in the event of a breach of any of the provisions of this Agreement by the other party shall be considered to constitute a waiver.
No Waiver of Claims. When we consent to a transfer, we are not waiving any claims we have against you or our right to demand that you strictly comply with this Agreement including post termination covenants in this Agreement.
No Waiver of Claims. The failure to enforce any provision of this Agreement does not constitute a waiver of that or any other provision.
No Waiver of Claims. Metro cannot waive any term or condition of this Contract unless the waiver is in writing and signed by Metro. Waiver by Metro of any breach of this Contract is not a waiver of any subsequent breach of the same or any other provision of this Contract. No delay or omission in the exercise of any right or remedy of Metro upon default by Contractor will impair that right or remedy, or be construed as a waiver.
No Waiver of Claims. Termination of this Agreement for any reason shall not release any party hereto from any liability which, at the time of such termination, has already accrued to the other party or which is attributable to a period prior to such termination, nor preclude either party from pursuing any rights and remedies it may have hereunder or at law or in equity which accrued or are based upon any event occurring prior to such termination.
No Waiver of Claims. In accordance with section 1123(b)(3) of the Bankruptcy Code, the Trustee may enforce all rights to commence and pursue, as appropriate, any and all Litigation Trust Assets after the Effective Date. The Trustee shall have, retain, reserve, and be entitled to assert all such Claims, Causes of Action, rights of setoff, and other legal or equitable defenses which the Debtors or any other party contributing claims or causes of action to the Litigation Trust Assets, had immediately prior to the Petition Date fully as if the Chapter 11 Cases had not been commenced or the Litigation Trust Assets had not been transferred to the Litigation Trust in accordance with the Plan, the Confirmation Order and this Agreement, and all of the Reorganized Debtor’s legal and equitable rights respecting any Claim under the Plan, and the rights of any other party contributing claims or causes of action to the Litigation Trust Assets, may be asserted after the Confirmation Date to the same extent as if the Chapter 11 Cases had not been commenced. Nothing in this Agreement shall be construed in a manner that is inconsistent with the Plan or the Confirmation Order.
