No Waiver; Survival. The failure of SPOT to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to SPOT are cumulative and not alternate. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination. This Agreement shall not be deemed to create any rights in favor of any third parties or any obligations of SPOT to any third parties.
No Waiver; Survival. No termination of this Agreement shall constitute a termination or a waiver of any rights of either Party against the other Party accruing at or prior to the time of such termination. The obligations and rights of the Parties under Sections 1, 7.1, 7.2, 9, 10, 11, 14, 15, 16, 17 and the confidentiality-related provisions of Sections 3.4.1 and 3.4.2 shall survive termination of this Agreement for as long as necessary to permit their full discharge.
No Waiver; Survival. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of enforcement of that or any other provision. The following Sections of this Agreement shall survive termination or expiration of this Agreement, Will remain in effect until fulfilled and shall apply to respective successors and assignees of the parties: 1.0; 4.1, 4.2 (except for the second sentence of the second paragraph of Section 4.2), 4.3 through 4.13 (except for the first sentence of Section 4.13); 6.1 through 6.6, 6.8, 6.9, 7.0; 8.0; 9.4 through 9.11; 10.0; 11.0 and 12.0.
No Waiver; Survival. Failure by either party to enforce any obligation by the other party, to claim a breach of this Agreement or to exercise any power hereunder will not be construed as a waiver under this Agreement or prejudice a party as regards any subsequent action. Section 3, Section 4(b), Sections 5 through 10, Sections 12 through 14, Sections 18 and 19, and Sections 21 through 24 of this Agreement shall survive termination of the Engagement Period.
No Waiver; Survival. Loyalty Ventures’ rights under this Agreement can only be modified or waived in a writing signed by an authorized officer of Loyalty Ventures; no delay or failure to assert rights or remedies shall be construed as a waiver by Loyalty Ventures. The post-employment restrictions applicable to employee under this Agreement shall survive the termination of employment regardless of the cause of the termination or which party terminates the relationship. This Agreement will be deemed to continue in effect despite any changes in terms and conditions of employee’s employment (including, but not limited to, changes in compensation, promotions, transfers, relocations, and changes in job duties).
No Waiver; Survival. Nothing contained in this Agreement shall limit or waive the BOR’s protections or defenses that the State of Georgia has at law or in equity, and nothing in this Agreement shall be construed to limit the Concessionaire’s obligation to indemnify the BOR Indemnitees as provided under any Lease or any other Operative Agreement. The provisions of this Article X shall survive indefinitely, notwithstanding the expiration or earlier termination of this Agreement. Although the Concessionaire has caused the BOR to be named as loss payee or additional insured under the Concessionaire’s insurance policies pursuant to Article V above, the Concessionaire’s liability under the indemnification provisions in the Article X shall not be limited to the liability limits set forth in such insurance policies. Notwithstanding any provision of this Agreement, nothing in this Article X shall limit or supersede the Concessionaire’s obligations under Section 19 of each Lease.
