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 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. 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 failure to enforce any provision of this Agreement shall not constitute a waiver by City of that or any otherprovision.
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. (a) The Settling Parties acknowledge that both JPMorgan and the FDIC have asserted claims against Attorneys’ Title Insurance Fund, Inc. (“The Fund”) in an action styled Attorneys’ Title Insurance Fund, Inc. x. Xxxxxxxxxx Mutual Bank, Dade County Circuit Court Case No. 07-08681 (CA 24) (“Fund Action”) arising out of the transactions that are the subject of this Agreement, and nothing in this Agreement is intended to release The Fund on any such claims or prejudice the rights of the FDIC or JPMorgan against The Fund or affect or prejudice any of The Fund’s claims against Xxxxxx Parties.
(b) Notwithstanding any other provision, by this Agreement, the FDIC does not release, and expressly preserves fully and to the same extent as if the Agreement had not been executed, any claims or causes of action:
(i) against the Settling Defendants or any other person or entity for liability, if any, incurred as maker, endorser or guarantor of any promissory note payable or owed by them to the FDIC, WaMu, other financial institutions, or any other person or entity, including without limitation any claims, not released herein, acquired by the FDIC as successor in interest to WaMu or any person or entity other than WaMu;
(ii) against any person or entity not expressly released in this Agreement; and
(iii) that are not expressly released above.
(c) Notwithstanding any other provision, nothing in this Agreement shall be construed or interpreted as limiting, waiving, releasing or compromising the jurisdiction and authority of the FDIC in the exercise of its supervisory or regulatory authority or to diminish its ability to institute administrative enforcement proceedings seeking removal, prohibition or any other administrative enforcement action which may arise by operation of law, rule or regulation.
(d) Notwithstanding any other provision, this Agreement does not purport to waive, or intend to waive, any claims that could be brought by the United States through either the Department of Justice or the United States Attorney's Office. In addition, the FDIC specifically reserves the right to seek court-ordered restitution pursuant to the relevant provisions of the Victim and Witness Protection Act, 18 U.S.C. § 3663, et seq., if appropriate.
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.
