NO WAIVER OR 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 3 contracts
Samples: Phase 1 Design Build Agreement (Pacific Ethanol, Inc.), Design Build Agreement (Pacific Ethanol, Inc.), Design Build Agreement (Pacific Ethanol, Inc.)
NO WAIVER OR 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 any term, covenant, condition or right with respect to further performance.
Appears in 3 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
NO WAIVER OR 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 2 contracts
Samples: Subcontract Agreement, Subcontract Agreement
