NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performance.
Appears in 23 contracts
Samples: Owner and Design Professional Agreement, Consultant Agreement, Consultant Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 13 contracts
Samples: Membership Agreement, Standard Form of Agreement and General Conditions Between Owner and Contractor (Siouxland Ethanol, LLC), Design Build Agreement (Blackhawk Biofuels, LLC)
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or condition right with respect to further performance.
Appears in 4 contracts
Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performanceperformance or any other term, covenant, condition, or right, nor shall such action or failure to act constitute approval or acquiescence in a breach unless specifically agreed to in writing.
Appears in 4 contracts
Samples: Construction Manager Agreement, Construction Manager Agreement, Construction Manager Agreement
NO WAIVER OF PERFORMANCE. The Either Party’s failure of either Party to insistinsist upon any, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performance.
Appears in 4 contracts
Samples: Standard Agreement Between Owner and Design Professional, Standard Agreement Between Owner and Design Professional, Predesign and/or Preliminary Design Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, covenant or condition or right with respect to further performance.
Appears in 4 contracts
Samples: Design Build Agreement (Western Dubuque Biodiesel, LLC), Design Build Agreement (Western Dubuque Biodiesel, LLC), Design Build Agreement (Western Iowa Energy, L.L.C.)
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 3 contracts
Samples: Design Build Agreement, Construction Contract (First United Ethanol LLC), Design Build Agreement (First United Ethanol LLC)
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on upon the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performance.
Appears in 3 contracts
Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performanceperformance or any other term, covenant, condition or right.
Appears in 2 contracts
Samples: Consulting Services Agreement, Tri Party Agreement for Collaborative Project Delivery
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on upon the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 2 contracts
Samples: Master Subcontract Agreement, Master Subcontract Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performance.performance or any other term, covenant, condition, or right, nor shall such action or failure to act constitute approval or acquiescence in a breach unless specifically agreed to in writing..
Appears in 2 contracts
Samples: Construction Manager Agreement, Construction Manager Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performanceperformance or any other term, covenant, condition, or right.
Appears in 2 contracts
Samples: Construction Manager Agreement, Contract Agreement (OCI Partners LP)
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, the Agreement or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 1 contract
Samples: Testing Services Contract
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 1 contract
Samples: Design Build Agreement
NO WAIVER OF PERFORMANCE. The Either Party’s failure to insist upon any of either Party to insistits rights, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performanceperformance or any other term, covenant, condition, or right.
Appears in 1 contract
Samples: Construction Manager Agreement
NO WAIVER OF PERFORMANCE. The failure of either any Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions obligation of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performanceon subsequent occasions.
Appears in 1 contract
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performanceperformance or any other term, covenant, condition or right.
Appears in 1 contract
Samples: Energy Services Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on upon the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such any term, covenant, condition, condition or right with respect to further performance.
Appears in 1 contract
Samples: Subcontractor Agreement
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 1 contract
Samples: Design Build Agreement (Midland Co)
NO WAIVER OF PERFORMANCE. The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rightsrights hereunder, shall not be construed as a waiver or relinquishment of such term, covenant, condition, condition or right with respect to further performance.
Appears in 1 contract
Samples: Guaranteed Energy Savings Contract
NO WAIVER OF PERFORMANCE. The failure of either Party party to insist, in any one or more instances, on the performance of any of the terms, covenants, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or condition right with respect to further performance.
Appears in 1 contract
Samples: Design Build Agreement
