NO WAIVER OF DEFENSES Sample Clauses

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.
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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. 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. 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. 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 ofReleased Claims.”
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. 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.
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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. Notwithstanding Section 8.7 above, the MEMBERS agree that no immunity or defense available to the MEMBERS under State or Federal law or regulation shall be waived with respect to any third party claim.

Related to NO WAIVER OF DEFENSES

  • No Waiver of Default No waiver by the parties hereto of any default or breach of any covenant, term or condition of this Agreement shall be deemed to be a waiver of any other default or breach of the same or any other covenant, term or condition contained herein.

  • Waiver of defences The obligations of each Guarantor under this Clause 18 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party) including:

  • No Waiver of Breach The failure to enforce any provision of this Contract shall not be construed as a waiver of any such provision, nor prevent a Party thereafter from enforcing the provision or any other provision of this Contract. The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  • Waiver of Defaults By a written notice, the Purchaser may waive any default by the Company in the performance of its obligations hereunder and its consequences. Upon any waiver of a past default, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon except to the extent expressly so waived.

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