NO WAIVER OF DEFENSES. A. Neither the Department nor the Contractor shall waive, release or otherwise forfeit any possible defense the Department or the Contractor may have regarding claims arising from or made in connection with the performance of the Services by the Contractor without the consent of the other party.
B. The Department and the Contractor shall reserve all such available defenses and cooperate with each other to make such defenses available for each other's benefit to the maximum extent allowed by law, including any defenses the Department may have regarding litigation, losses and costs resulting from claims or litigation pending at the time the Contract becomes effective, or arising thereafter from occurrences prior to the effective date hereof.
NO WAIVER OF DEFENSES. Nothing in this Article X shall preclude the Reinsurer from asserting any excuse or defense to payment of this reinsurance other than the excuses or defenses of the insolvency of the Company and the failure of the Company's conservator, receiver, liquidator or statutory successor to pay all or a portion of any claim.
NO WAIVER OF DEFENSES. Neither Party waives any defenses available as to any claim including immunities as a governmental entity.
NO WAIVER OF DEFENSES. Defendants do not waive or forfeit any defenses or arguments that they could assert as to any claims or causes of action that are outside the definition of “Released Claims.”
NO WAIVER OF DEFENSES. Neither the Department nor the Contractor shall waive, release or otherwise forfeit any possible defense the Department or the Contractor may have regarding claims arising from or made in connection with the performance of the Services by the Contractor without the consent of the other party.
NO WAIVER OF DEFENSES. Seller has not waived any defenses, claims or Actions which would have been available to Seller under the Annuity Contracts or the Related Agreements.
NO WAIVER OF DEFENSES. JANY has not waived any defenses, claims or Actions which would have been available to JANY under the Insurance Contracts or the Related Agreements.
NO WAIVER OF DEFENSES. Neither Party waives any defenses available as to any claim including immunities as a governmental entity. Nothing herein shall be construed to constitute a waiver of the protections of the Recreational Property Act, O.C.G.A. § 50-3-20, et seq.
NO WAIVER OF DEFENSES. By entering into this Agreement, the COUNTY does not waive defenses or limits provided by the Utah Governmental Immunity Act or any other law.
NO WAIVER OF DEFENSES. Immunity/Legal Standing. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense or immunity or standing available at law or in equity to either Party. Neither Party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity.
