No Waiver. If either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.
Appears in 1258 contracts
Samples: Project Loan Agreement, Project Grant/Loan Agreement, Project Grant/Loan Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement will in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovisions, nor shall will the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 51 contracts
Samples: Master Subscription Agreement, Dealer Manager Agreement (Modiv Inc.), Dealer Manager Agreement (Escalate Wealth REIT I)
No Waiver. If The failure by either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 45 contracts
Samples: Facilities Services Agreement, Facilities Services Agreement, Facilities Services Agreement
No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Conveyance shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.
Appears in 32 contracts
Samples: Perpetual Overriding Royalty Interest Conveyance (SandRidge Mississippian Trust II), Long Term Overriding Royalty Interest Conveyance (SandRidge Mississippian Trust II), Term Overriding Royalty Interest Conveyance (SandRidge Mississippian Trust II)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 17 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Software as a Service Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 15 contracts
Samples: Swissmeda Cloud Imaging Agreement, Master Agreement, 3 Year Agreement
No Waiver. If either party hereto at Failure of any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Development Agreement shall not affect any Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party any Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.
Appears in 14 contracts
Samples: Development Agreement, Development Agreement, Development Agreement (SandRidge Mississippian Trust II)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 13 contracts
Samples: Exclusive License Agreement (Sunshine Biopharma, Inc), License Agreement (American Enterprise Corp), Exclusive License Agreement (Midland International CORP)
No Waiver. If The failure by either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 9 contracts
Samples: Professional Services, Professional Services, Professional Services
No Waiver. If either The failure of any party hereto at any time fails to require performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provisions, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Asure Software Inc), Asset Purchase Agreement (Asure Software Inc), Asset Purchase Agreement (Asure Software Inc)
No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure hereof will in no way affects affect the full right to require such performance at any time thereafter, nor shall will the waiver by either a party of a breach or default under of any provision of this Agreement be construed to be the provisions hereof constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.
Appears in 7 contracts
Samples: Professional Services, Professional Services Agreement, Professional Services
No Waiver. If either party hereto The failure at any time fails either of Company or Executive to require the performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right of such party to require such performance at any time thereafter, nor shall the waiver by either party Company or Executive of a any breach or default under of any provision of this Agreement be construed taken or held to be constitute a waiver of any subsequent succeeding breach or default under that provision of such or any other provision of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement (NV5 Holdings, Inc.), Employment Agreement (NV5 Holdings, Inc.), Employment Agreement (NV5 Holdings, Inc.)
No Waiver. If either party hereto The failure at any time fails either of the Company or Executive to require the performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right of such party to require such performance at any time thereafter, nor shall the waiver by either party the Company or Executive of a any breach or default under of any provision of this Agreement be construed taken or held to be constitute a waiver of any subsequent succeeding breach or default under that provision of such or any other provision of this Agreement.
Appears in 7 contracts
Samples: Employment Agreement (Southern Trust Securities Holding Corp), Employment Agreement (Southern Trust Securities Holding Corp), Employment Agreement (Southern Trust Securities Holding Corp)
No Waiver. If either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects affect the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement Agreement, be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.
Appears in 6 contracts
Samples: Project Grant Agreement, Project Grant Agreement, Project Grant Agreement
No Waiver. If either party hereto at Failure of any time fails Party to require performance by the other of any provision of this Agreement, Agreement shall not affect such failure in no way affects the Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party any Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of any subsequent similar breach in the future or of any other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.
Appears in 6 contracts
Samples: Ethylene Sales Agreement, Feedstock Supply Agreement, Feedstock Supply Agreement (Westlake Chemical Partners LP)
No Waiver. If The failure of either party hereto at any time fails to require strict performance by the other party of any provision of this Agreement, such failure in no way affects hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under of any provision of this Agreement hereof be construed taken or held to be a waiver of the provision itself. Any waiver of the provisions of this Agreement, or of any subsequent breach or default under that provision or any other provision of this Agreementhereunder, must be set forth in a written instrument signed by the party against which such waiver is to be enforced.
Appears in 5 contracts
Samples: Master Agreement, Order Form, Master Agreement
No Waiver. If The failure of either party hereto at any time fails to execute a right or to require performance by the other party of any provision part of this Agreement, Agreement shall not affect the full right to exercise such failure in no way affects the right or to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under of any provision of this Agreement be construed to be constitute a waiver of any subsequent later breach or default under that provision of the same or any other provision of this Agreementprovision.
Appears in 5 contracts
Samples: Independent Consultant Agreement, Independent Consultant Agreement (MedAmerica Properties Inc.), Independent Consultant Agreement (Prudential Financial Inc)
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement will in no way affects affect the right to require such performance at any time thereafter, nor shall will the waiver by of either party Party of a breach or default under of any provision of this Agreement be construed to be constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.
Appears in 5 contracts
Samples: Lithium Offtake Agreement (1397468 B.C. Ltd.), Master Purchase Agreement (1397468 B.C. Ltd.), Master Purchase Agreement (1397468 B.C. Ltd.)
No Waiver. If either party hereto Failure of any Party at any time fails to require performance by the other Party of any provision of the provisions or requirements of this Agreement shall in no way affect the Parties’ rights hereunder to enforce any and all rights and obligations set forth in this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor shall the waiver any failure by either party of a Party to declare a default or breach or default under any provision of this Agreement by another Party be construed to be deemed a waiver of any subsequent default or breach or default under that provision or any other provision a waiver of this Agreementnon-waiver clause.
Appears in 4 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right thereafter to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 4 contracts
Samples: Maintenance Services Agreement (Hawker Pacific Aerospace), Maintenance Services Agreement (Hawker Pacific Aerospace), Modification Services Agreement (Federal Express Corp)
No Waiver. If either Failure of any party hereto at any time fails to this Agreement to require performance by the other another of any provision of this Agreement, such failure expressed herein shall in no way affects the affect that party's right to require thereafter enforce such performance at any time thereafter, provision; nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement expressed herein be construed taken or held to be a waiver of any subsequent succeeding or other breach or default under that of such provision or as a waiver of the provision itself or of any other provision of this Agreementprovision.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Scotsman Holdings Inc), Stock Purchase Agreement (Satx Inc), Stock Purchase Agreement (Seagate Technology Holdings)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 4 contracts
Samples: Processing Services Agreement (Cardiva Medical, Inc.), Exclusive Processing, Lab and Consulting Agreement, Sterilization Processing Services Agreement (Griffith Micro Science International Inc)
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party Party of a breach or default under any Breach of any provision of this Agreement shall not be construed to be as a waiver of any subsequent breach continuing or default succeeding Breach of such provision, a waiver of the provision itself, or a waiver of any right under that provision or any other provision of this Agreement.
Appears in 3 contracts
Samples: Software Development and License Agreement, Software Development and License Agreement, Software Development and License Agreement
No Waiver. If either Failure of any party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of the party requiring performance to require such full performance at any time thereafter, nor shall the thereafter and a waiver by either any party of a breach or default under of any provision of this Agreement shall not be construed taken or held to be a waiver of any subsequent further or similar breach or default under that provision or any other provision as nullifying the effectiveness of this Agreementsuch provision.
Appears in 3 contracts
Samples: Transition Agreement (Northern Oil & Gas, Inc.), Consulting Agreement (Northern Oil & Gas, Inc.), Land Acquisition Consulting Agreement (Northern Oil & Gas, Inc.)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 3 contracts
Samples: License Agreement (Yesdtc Holdings, Inc.), Master Equipment Purchase Agreement (Id Systems Inc), Aircraft Painting Services Agreement (Aviation Group Inc)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure in no way affects the hereof shall not affect its right to require such performance at any time thereafter, ; nor shall the waiver by either party of a breach or default under of any provision of this Agreement hereof be construed taken or held to be a waiver of any subsequent breach or default under that the provision itself. Any such waiver or any other provision amendment of this AgreementAGREEMENT must be in writing and signed by both parties to be effective.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Vista Medical Technologies Inc), Patent and Technology License Agreement (Vista Medical Technologies Inc), Patent and Technology License Agreement (Viking Systems Inc)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the right affect that party’s rights to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default of the same provision. An effective waiver under that provision or any other provision of this AgreementAgreement must be in writing signed by the party waiving its right.
Appears in 3 contracts
Samples: National Compensation System Consultant License Agreement, National Compensation System Consultant License Agreement, End User License Agreement
No Waiver. If either party hereto Failure by a Party, at any time fails time, to require strict performance by the other Party of any provision of this Agreement, such failure Agreement will in no way affects the affect that Party's right to require enforce such performance provision at any other time nor will any waiver by a Party of any provision hereof at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement be construed held to be a waiver of any subsequent breach or default under that such provision or at any other provision time or of this Agreementany other provision.
Appears in 3 contracts
Samples: Fiber Supply Agreement (Southern Ventures Inc), Fiber Supply Agreement (Southern Ventures Inc), Fiber Supply Agreement (Southern Ventures Inc)
No Waiver. If either party hereto Failure of a Party at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of that Party to require such full performance at any time thereafter, nor shall the ; a waiver by either party a Party of a breach or default under of any provision of this Agreement be construed to be shall not constitute a waiver of any subsequent breach or default under that provision or any other provision modification of this AgreementAgreement or prevent that Party from again enforcing such term or condition in the future with respect to subsequent events.
Appears in 3 contracts
Samples: Patent and Trademark License Agreement, Patent and Trademark License Agreement (Accuray Inc), Patent and Trademark License Agreement (Accuray Inc)
No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any obligation under this Agreement shall not affect the right of such party to require performance of that obligation. Any waiver by either party of any breach of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor Agreement shall the waiver by either party of a breach or default under any provision of this Agreement not be construed to be as a waiver of any subsequent continuing or succeeding breach of such prevision, a waiver or default modification of the provision itself or a waiver of modification of any right under that provision or any other provision of this Agreement.
Appears in 2 contracts
Samples: Master Service Agreement (Pro Net Link Corp), Master Service Agreement (Pro Net Link Corp)
No Waiver. If Failure by either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects the right party or to require such performance at any time thereafter, nor shall the waiver by either party of claim a breach or default under any provision of this Agreement will not be construed to be as a waiver of any subsequent breach or default under that provision or any other provision nor affect the effectiveness of this Agreement, nor any part thereof, nor prejudice either party as regards to any subsequent action.
Appears in 2 contracts
Samples: Client Service Agreement (ShiftPixy, Inc.), Client Service Agreement (ShiftPixy, Inc.)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of either party thereafter to require such performance at any time thereafterenforce the same provision, nor shall the waiver by of either party of a any breach or default under of any provision of this Agreement herein be construed held or taken to be a waiver of any subsequent succeeding breach or default under that as a waiver of the provision or any other provision of this Agreementitself.
Appears in 2 contracts
Samples: Ap Express Agreement (Medialink Worldwide Inc), Ap Express Agreement (Medialink Worldwide Inc)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver or default the provision itself, or a waiver of any right under that provision or any other provision of this Agreement.
Appears in 2 contracts
Samples: Interlocal Agreement, Interlocal Agreement
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right to require such performance at any time thereafter, thereafter nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent succeeding breach or default under that of such provision or any other as a waiver of the provision of this Agreementitself.
Appears in 2 contracts
Samples: Material Transfer and Evaluation Agreement (Ceres, Inc.), Material Transfer and Evaluation Agreement (Ceres, Inc.)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Contract will in no way affects affect the right to require such performance at any time thereafter, nor shall will the waiver by of either party of a breach or default under of any provision of this Agreement be construed to be Contract constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.
Appears in 2 contracts
Samples: Purchase Order Agreement, General Terms and Conditions
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either party of a any breach or default under any of provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 2 contracts
Samples: Research Collaboration and Licensing Agreement (Samaritan Pharmaceuticals Inc), Research Collaboration and Licensing Agreement (Samaritan Pharmaceuticals Inc)
No Waiver. If The failure by either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects the affect its right to require such performance at any time thereafter, nor shall the waiver by either party of a breach and no term or default under any provision of this Agreement be construed is deemed waived, and no breach excused unless such waiver or consent is in writing and signed by the Party to be a waiver of any subsequent breach have so waived or default under that provision or any other provision of this Agreementconsented.
Appears in 2 contracts
Samples: Roadside Services Membership Agreement, Roadside Services Membership Agreement
No Waiver. If either party hereto The failure of a Party at any time fails to require performance by the other another Party of any provision of this Agreement, such failure Agreement will in no way affects affect the right to require such performance at any time thereafter, thereafter nor shall will the waiver by either party a Party of a breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent succeeding breach or default under that of such provision or any other as a waiver of the provision of this Agreementitself.
Appears in 2 contracts
Samples: Visiting Scholar Agreement, Visiting Scholar Agreement
No Waiver. If either The failure by one party hereto at any time fails to require performance by the other of any provision provision(s) of this Agreement, such failure in no way affects the Agreement shall not affect that party's right to require such performance at any time thereafter, nor shall the a waiver by either party of a any breach or default under any provision of this Agreement be construed to be constitute a waiver of any subsequent breach or default under that or waiver of the provision or any other provision of this Agreementitself.
Appears in 2 contracts
Samples: Letter of Agreement, Letter of Agreement
No Waiver. If either The failure of any party hereto at any time fails to require enforce performance by the other another party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right party's rights to require such performance at any time thereafterenforce that performance, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement letter agreement be construed deemed to be a waiver by that party of any subsequent other breach or default under of that provision or any other provision of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Capstone Financial Group, Inc.), Property Transfer Agreement (Dakota Imaging Inc)
No Waiver. If either party hereto The failure of any Party at any time fails time/s to require performance by the other Parties of any provision of this AgreementAgreement shall not affect, such failure in no way affects any way, the right of such Party to require such performance at of that or any time thereafterother provision, nor shall the and any waiver by either any party of a any breach or default under any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default under that provision or a waiver of any other provision of right under this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Grab Holdings LTD), Investment Agreement (Grab Holdings LTD)
No Waiver. If either Failure of any party hereto at any time fails to this Agreement to require performance by the other another of any provision of this Agreement, such failure expressed herein shall in no way affects the affect that party’s right to require thereafter enforce such performance at any time thereafter, provision; nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement expressed herein be construed taken or held to be a waiver of any subsequent succeeding or other breach or default under that of such provision or as a waiver of the provision itself or of any other provision of this Agreementprovision.
Appears in 2 contracts
Samples: Membership Unit Purchase Agreement (FVA Ventures, Inc.), Membership Unit Purchase Agreement (FVA Ventures, Inc.)
No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure hereof shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the waiver by either a party of a breach or default under of any provision of this Agreement be construed to be the provisions hereof constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.
Appears in 2 contracts
Samples: Professional Services, Professional Services
No Waiver. If To the maximum extent permitted by applicable law, the failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure hereof will not affect in no any way affects the right to require such performance at any time thereafter, nor shall will the waiver by either party of a breach or default under of any provision of this Agreement be construed to be as a waiver of any subsequent breach or default under that provision or future breach, nor will any other provision of this Agreementwaiver be deemed effective unless it is in a writing signed by the party charged therewith.
Appears in 2 contracts
Samples: Technology Agreement (Spectre Gaming Inc), Redemption Technology and Supply Agreement (Spectre Gaming Inc)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any tight under that provision or any other provision of this Agreement.
Appears in 2 contracts
Samples: Corporate Services Agreement (Spy Optic, Inc), Management Services Agreement (Youthstream Media Networks Inc)
No Waiver. If Failure by either party hereto Party at any time fails to require performance by the other Party under this Agreement or to claim a breach of any provision of this Agreement, such failure in no way affects Agreement shall not be construed as affecting any subsequent breach hereof or the right to require such performance at any time thereafter, nor shall or affect the waiver by either party of ability to claim a breach or default under any provision of this Agreement be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreementwith respect hereto.
Appears in 2 contracts
Samples: Interlocal Agreement for Emergency Management Services, Interlocal Agreement for Emergency Management Services
No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be provisions hereof shall not constitute a waiver of any subsequent a similar breach in the future or default under that provision or of any other provision breach of this Agreementnullify the effectiveness of such provision.
Appears in 2 contracts
Samples: Joint Ownership Agreement, Joint Ownership Agreement (NGAS Resources Inc)
No Waiver. If Failure of either party hereto at any time fails to require performance by the other party of any obligation under this Agreement shall not affect the right of such party to require performance of that obligation. Any waiver by either party of any breach of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor Agreement shall the waiver by either party of a breach or default under any provision of this Agreement not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver or default modification of the provision itself, or a waiver of modification of any right under that provision or any other provision of this Agreement.
Appears in 2 contracts
Samples: Information Provider Agreement (Pro Net Link Corp), Information Provider Agreement (Cityxpress Com Corp)
No Waiver. If Failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure hereof shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under of any provision of this Agreement be construed to be the provisions hereof constitute a waiver of any subsequent succeeding breach of the same or default under that provision or of any other provision of this Agreementitself.
Appears in 1 contract
No Waiver. If either Failure of any party hereto at any time fails to require performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.. BaleDoneen Signature, Academy & Practice Advantage Packages
Appears in 1 contract
Samples: Service Agreement
No Waiver. If The failure of either party hereto Party at any time fails to require strict performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that Party’s right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 1 contract
Samples: Subscription Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
Samples: Co Branding Supply Agreement (Source Direct Holdings Inc)
No Waiver. If either The failure of any party hereto at any time fails to require performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision and any time thereafter, nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provisions, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement. 7.2.
Appears in 1 contract
Samples: Asset Purchase Agreement
No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party's right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.
Appears in 1 contract
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure the Contract will in no way affects affect the right to require such performance at any time thereafter, nor shall will the waiver by of either party Party of a breach or default under of any provision of this Agreement be construed to be the Contract constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision of this Agreementprovision.
Appears in 1 contract
Samples: General Terms and Conditions
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 1 contract
Samples: Master Agreement
No Waiver. If Failure of either party hereto at any time fails Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.
Appears in 1 contract
Samples: Gas Purchase Contract (Eastern American Natural Gas Trust)
No Waiver. If Except as expressly set forth in this Agreement, the failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of either Party thereafter to require such performance at any time thereafterenforce the same provision, nor shall the waiver by of either party Party of a any breach or default under of any provision of this Agreement herein be construed held or taken to be a waiver of any subsequent succeeding breach or default under that as a waiver of the provision or any other provision of this Agreementitself.
Appears in 1 contract
Samples: Content License Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the full right to require such performance at any time thereafterlater time, nor shall the waiver by either a party of a breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent breach or default under that the provision or any other provision of this Agreementitself.
Appears in 1 contract
Samples: Participating Dealer Agreement
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other such provision nor constitute a waiver of this Agreementthe provision itself.
Appears in 1 contract
Samples: Share Purchase Agreement (Collagenex Pharmaceuticals Inc)
No Waiver. If either party hereto Failure of any Party at any time fails to require performance by the other of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of any party to require such full performance at any time thereafter, nor shall the ; a waiver by either party any Party of a breach or default under of any provision of this Agreement shall not be construed taken or held to be a waiver of any subsequent further or similar breach or default under that provision or any other provision as nullifying the effectiveness of this Agreementsuch provision.
Appears in 1 contract
No Waiver. If either party hereto The failure of any Party at any time fails to require performance by the any other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such future performance at any time thereafter, nor shall the of that provision. Any waiver by either party any Party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
No Waiver. If 10.7.1. The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreement.the same provision
Appears in 1 contract
Samples: Master Agreement for Services
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that Party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by of either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent other breach or default under that of the same provision or any other provision of this Agreementprovision. All waivers must be in writing.
Appears in 1 contract
Samples: Corporate Travel Agreement
No Waiver. If The failure of either party hereto at any time fails Party to require performance by the other Party of any provision of this Agreement, such failure in no way affects the hereof shall not affect its right to require such performance at any time thereafter, ; nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement hereof be construed taken or held to be a waiver of any subsequent breach or default under that the provision itself. Any such waiver or any other provision amendment of this AgreementAgreement must be in writing and signed by both Parties to be effective.
Appears in 1 contract
Samples: Intellectual Property License Agreement (Maui General Store Inc)
No Waiver. If either party hereto at any time fails Failure of a Party to require performance by the other of any provision of this Agreement, such failure in no way affects the Agreement shall not affect either Party’s right to require such full performance thereof at any time thereafter, nor shall and the waiver by either party any such Parties of a breach or default under of any provision of this Agreement be construed to be hereof shall not constitute a waiver of a similar breach in the future or of any subsequent other breach or default under that provision or any other provision nullify the effectiveness of this Agreementsuch provision.
Appears in 1 contract
Samples: Reserve Agreement (Calumet Specialty Products Partners, L.P.)
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provisions of this Agreement shall in no way affect the right of such Party to require future performance of that provision. Any waiver by either Party of any breach of any provision of this Agreement, such failure in no way affects the right to require such performance at any time thereafter, nor Agreement shall the waiver by either party of a breach or default under any provision of this Agreement not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
No Waiver. If The failure of either party hereto Party, at any time fails during the currency of this Agreement, to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the . The waiver by either party Party of a breach or default under of any provision of this Agreement be construed to be does not constitute a waiver of any subsequent succeeding breach or default under that provision of the same or any other provision, nor shall it constitute a waiver of the provision of this Agreementitself.
Appears in 1 contract
Samples: Service Agreement
No Waiver. If The failure of either party hereto at any time fails Party to require performance by the other Party of any provision of under this Agreement, such failure in no way affects Agreement shall not affect the full right to require such performance at any time thereafter, ; nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement be construed taken or held to be a in waiver of any subsequent breach or default under that the provision or any other provision of this Agreementitself.
Appears in 1 contract
Samples: Intellectual Property License Agreement (Turbosonic Technologies Inc)
No Waiver. If The failure by either party hereto to this Agreement at any time fails to require performance or compliance by the other of any provision of this Agreement, such failure its obligations or agreements shall in no way affects waive or otherwise affect the right to require such performance or compliance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.
Appears in 1 contract
No Waiver. If The failure by either party hereto Party at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that Party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 1 contract
Samples: Master Technology License Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the right affect that party’s rights to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 1 contract
Samples: Equipment Purchase, License and Services Agreement (Time America Inc)
No Waiver. If either The failure of any party hereto at any time fails to require --------- performance by the any other party of any provision of this Agreement, such failure in no way affects Agreement shall not affect the right of such party to require such performance at of that provision, and any time thereafter, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself, or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that provision. A waiver by either party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent 51 continuing or succeeding breach of such provision, a waiver of the provision itself or default waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure in no way affects hereof shall not affect the full right to require such performance at any time thereafter, ; nor shall the waiver by either party of a breach of any provision hereof be taken or default under held to be a waiver of the provision itself. If any provision of this Agreement is found void and unenforceable, it will be construed replaced to be the extent possible with a waiver provision that comes closest to the meaning of any subsequent breach or default under that provision or any other provision of this Agreementthe original provision.
Appears in 1 contract
Samples: Professional Services Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such party to require such performance at any time thereafter, nor shall the of that 8 9 provision. Any waiver by either party of a breach or default under any reach of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
No Waiver. If either Failure of any party hereto at any time fails to this Escrow Agreement to require performance by the other another of any provision of this Agreement, such failure expressed herein shall in no way affects the affect that party's right to require thereafter enforce such performance at any time thereafter, provision; nor shall the waiver by either any party of a any breach or default under of any provision of this Agreement expressed herein be construed taken or held to be a waiver of any subsequent succeeding or other breach or default under that of such provision or as a waiver of the provision itself or of any other provision of this Agreementprovision.
Appears in 1 contract
No Waiver. If either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure shall in no way affects affect the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of this Agreement Agreement, be construed to be a waiver of any subsequent breach or default under that provision or any other provision of this Agreement.
Appears in 1 contract
Samples: Project Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure provisions hereof shall in no way affects affect the full right to require such performance at any time thereafter, nor . Nor shall the waiver by either party of a breach or default under of any provision of this Agreement be construed to provisions hereof be a waiver of any subsequent succeeding breach or default under that provision of the same or any other such provisions or be a waiver of the provision of this Agreementitself.
Appears in 1 contract
Samples: Bpa Subcontract (Quadramed Corp)
No Waiver. If either The failure of a party hereto to this Agreement at any time fails to require performance by the other another party of any provision of this Agreement, such failure Agreement will in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovisions, nor shall will the waiver by either a party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 1 contract
Samples: Fund Platform Agreement (IDR Core Property Index Fund LTD)
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects attest the right of such Party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party Party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
Samples: Software License Agreement (Pt 1communications Inc)
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right to require enforce such performance at any time thereafterprovisions, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver at any further breach of any subsequent breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 1 contract
Samples: Outsourcing Agreement (Computer Generated Solutions Inc)
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure hereof shall in no way affects affect the full right to require such performance at any time thereafter, nor shall the waiver by either party Party of a breach or default under of any provision of this Agreement hereof be construed taken or held to be wavier of any succeeding breach of such provision or as a waiver of any subsequent breach or default under that the provision or any other provision of this Agreementitself.
Appears in 1 contract
Samples: Celebrity/Influencer Agreement
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that Party's right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party Party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 1 contract
Samples: Pw4056 Series Engine Sales Agreement (Willis Lease Finance Corp)
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party Party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach or default of such provision, a waiver of the provision itself of a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
Samples: License and Distribution Agreement (Axeda Systems Inc)
No Waiver. If The failure by either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreementshall in no way affects the affect that party’s right to require enforce such performance at any time thereafterprovision, nor shall the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 1 contract
Samples: School Nursing Services Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other of any provision of this Agreement, such failure Agreement shall in no way affects the affect that party's right thereafter to require enforce such performance at any time thereafterprovisions, nor shall the waiver by of either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that of the same provision or any other provision of this Agreementprovision.
Appears in 1 contract
Samples: Aircraft and/or Engine Maintenance Services Agreement (Baltia Air Lines Inc)
No Waiver. If either party hereto Failure of any Party at any time fails to require performance by the any other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such performance at of that or any time thereafter, nor shall the other provision. Any waiver by either party a Party of a any breach or default under any provision of this Agreement shall not be construed to be as a waiver by such Party of any continuing or succeeding breach of such provision or a waiver of any subsequent breach the provision itself or default under that provision or of any other provision of right under this Agreement.
Appears in 1 contract
Samples: Shareholder Agreement (Hutchison Telecommunications International LTD)
No Waiver. If No failure or delay of either party hereto at any time fails to require the performance by the other party of any provision of this Agreement, Agreement shall in any way adversely affect such failure in no way affects the right to require such performance at any time thereafter, nor shall the provision after that. No waiver by either party of a breach or default under of any provision of this Agreement shall be construed taken to be a waiver by such party of any subsequent succeeding breach or default under that provision or any other provision of this Agreementsuch provision.
Appears in 1 contract
Samples: Sponsored Research Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement will in no way affects the affect that party's right to require enforce such performance at any time thereafterprovisions, nor shall will the waiver by either party of a any breach or default under of any provision of this Agreement be construed taken or held to be a waiver of any subsequent further breach or default under that provision or any other provision of this Agreementthe same provision.
Appears in 1 contract
Samples: Vertex Cloud Portal Agreement
No Waiver. If The failure of either party hereto at any time fails to require performance by the other party of any provision of this Agreement, such failure Agreement shall not affect in no any way affects the full right to require such the performance at any time thereafter, nor shall the subsequent time. The waiver by either party of a breach or default under of any provision of this Agreement shall not be construed taken or held to be a waiver of the provision itself. Any course of performance shall not be deemed to amend or limit any subsequent breach or default under that provision or any other provision of this Agreement.
Appears in 1 contract
Samples: Terms and Conditions of Service
No Waiver. If The failure of either party hereto Party at any time fails to require performance by the other Party of any provision of this Agreement, such failure Agreement shall in no way affects affect the right of such Party to require such performance at any time thereafter, nor shall the of that provision. Any waiver by either party Party of a any breach or default under of any provision of this Agreement shall not be construed to be as a waiver of any subsequent continuing or succeeding breach of such provision, a waiver of the provision itself or default a waiver of any right under that provision or any other provision of this Agreement.
Appears in 1 contract
Samples: Reinsurance Pooling Agreement (Meridian Insurance Group Inc)