Common use of NO WAIVER OF PERFORMANCE Clause in Contracts

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: Agreement Between Owner And, Agreement Between Owner and Consultant, Agreement Between Owner and Consultant

AutoNDA by SimpleDocs

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, Form of Agreement (Siouxland Ethanol, LLC), Agreement (Blackhawk Biofuels, LLC)

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: Article I Agreement (Western Dubuque Biodiesel, LLC), Article I Agreement (Western Dubuque Biodiesel, LLC), Article I Agreement (Western Dubuque Biodiesel, 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, 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: Standard Agreement, Standard Agreement, Standard 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: unh.edu, www.unh.edu, www.unh.edu

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: 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 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: Standard Modified Agreement, Standard Agreement, Standard 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 performance.

Appears in 3 contracts

Samples: Standard Agreement, Design Build Agreement (First United Ethanol LLC), Agreement (First United Ethanol 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, 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: Standard Agreement, Standard 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, www.leanconstruction.org

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: Standard 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 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, condition or right with respect to further performance.

Appears in 1 contract

Samples: Design Build Agreement

AutoNDA by SimpleDocs

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: 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 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: Form of 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, or condition right with respect to further performance.

Appears in 1 contract

Samples: Design Build 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

Samples: www.horstconstruction.com

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: Standard 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, 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: rlgbuilds.com

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!