No Waiver or Breach Sample Clauses

No Waiver or Breach. No assent by either party, whether express or implied, to a breach of covenant, condition or obligation by the other party, shall act as a waiver of a right for action for damages as a result of such breach, nor shall it be construed as a waiver of any subsequent breach of the covenant, condition, or obligation.
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No Waiver or Breach. The parties to this Assignment and Servicing Agreement: (i) shall not, without obtaining the consent of the Insurer (if no Insurer Default has occurred and is continuing) or otherwise each Holder and providing notice to each of S&P and Xxxxx'x, waive any of the Perfection Representations; and (ii) shall provide the Insurer, S&P and Xxxxx'x with prompt written notice of any breach of the representations, warranties and covenants relating to perfection set forth in this Section 2.25 and shall not, without obtaining the consent of the Insurer (if no Insurer Default has occurred and is continuing) or otherwise each Holder, waive a breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 2.25 and, in each case, each of S&P and Xxxxx'x shall confirm that the ratings then assigned to the Notes have not been affected by such waiver or breach, as the case may be.
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No Waiver or Breach. The parties to this Assignment and Servicing Agreement: (i) shall not, without obtaining the consent of each Holder and providing notice to each of S&P and Moody's, waive any of the Perfection Representations; and (ii) shall xxxxxxx S&P and Moody's with prompt written notice of any breach of the representatioxx, xxxranties and covenants relating to perfection set forth in this Section 2.25 and shall not, without obtaining the consent of each Holder, waive a breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 2.25 and, in each case, each of S&P and Moody's shall confirm that the ratings then assigned to the Notes havx xxx xeen affected by such waiver or breach, as the case may be.
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No Waiver or Breach. Any failure or neglect by Landlord to assert or enforce any rights or remedies after any breach or default by Tenant shall not prejudice Landlord’s rights or remedies with regard to any existing or subsequent breaches or defaults.
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No Waiver or Breach. The parties to this Indenture: (i) shall not, without obtaining the consent of each Holder and providing notice to each of S&P and Xxxxx'x, waive any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14; and (ii) shall provide S&P and Xxxxx'x with prompt written notice of any breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14; and shall not, without obtaining the consent of each Holder, waive a breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14 and, in each case, each of S&P and Xxxxx'x shall confirm that the ratings then assigned to the Notes have not been affected by such waiver or breach, as the case may be.
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No Waiver or Breach. The failure of either Party to exercise its rights upon any default or breach by the other Party shall not constitute a waiver of such rights as to any subsequent default or breach.
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No Waiver or Breach. No failure by Managing Agent or Developer to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy available upon a breach thereof, shall constitute a waiver of any such breach thereof, or any subsequent breach of such covenant, agreement, term and condition. No waiver of any such breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement, shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
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No Waiver or Breach. No failure of either party to insist upon exact compliance with the terms and, provisions herein contained sha1l be deemed or construed as a waiver of any subsequent breach of this Agreement.
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Related to No Waiver or Breach

  • WAIVER OR BREACH It is agreed that a waiver by either party of a breach of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent breach by that same party.

  • 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 The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

  • No Waiver by Xxxxxx Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Xxxxxx. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Xxxxxx of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Xxxxxx, nor any course of dealing between Xxxxxx and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender’s rights or of any of Borrower’s or any Grantor’s obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

  • No Waiver or Novation The execution, delivery and effectiveness of this Agreement shall not, except as expressly provided in this Agreement, operate as a waiver of any right, power or remedy of Agent, nor constitute a waiver of any provision of the Credit Agreement, the Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or the other Financing Documents or any of Agent’s rights and remedies in respect of such Defaults or Events of Default. This Agreement (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

  • No waiver of our rights (a) No failure on our part to exercise and no delay on our part in exercising any right or remedy under this agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy. (b) Any waiver by us of our rights or remedies in respect of any term of this agreement or any breach of this agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.

  • No Waiver of Immunity Neither College nor School District waiver or relinquish any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this MOU and the performance of the covenants contained herein.

  • No Waiver, etc The failure of Landlord or Tenant to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this Lease shall not be deemed a waiver of such violation nor prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any covenant of this Lease shall not be deemed to have been a waiver of such breach by Landlord, or by Tenant, unless such waiver be in writing signed by the party to be charged. No consent or waiver, express or implied, by Landlord or Tenant to or of any breach of any agreement or duty shall be construed as a waiver or consent to or of any other breach of the same or any other agreement or duty.

  • No Waiver of Fees Nothing in this Agreement, nor any entry or repossession of the Room by the Manager releases the Resident from any liability for the payment in full of all amounts payable under this Agreement for the Term.

  • No Waiver of Default Failure by a party to insist upon strict adherence to any term of the contract does not waive that party's right to later insist upon strict adherence to that term, or any other term, of the contract.

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