Non-enforcement Sample Clauses
A Non-enforcement clause specifies that if one party chooses not to enforce a particular right or provision under the agreement at any time, this does not mean they waive their right to enforce it in the future. For example, if a party overlooks a minor breach or delay without taking action, they still retain the ability to enforce that provision or any other part of the contract later on. This clause ensures that occasional leniency or oversight does not result in a permanent loss of contractual rights, thereby protecting parties from inadvertently waiving their legal remedies.
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Non-enforcement. The decision of Lessor not to enforce the performance of any provision or addendum of this lease may not be construed as a waiver or relinquishment of the Lessor’s right to performance of it. Lessee’s obligation to comply with the lease remains in full force and effect.
Non-enforcement. If Health Options does not enforce compliance with any provision of this Agreement, this non-enforcement shall not be deemed to be a waiver by Health Options of that provision or any other provision of this Agreement.
Non-enforcement. A party's failure at any time to enforce any of the provisions of this Agreement or any right with respect thereto, will not be construed to be a waiver of such provision or right, nor to affect the validity of this Agreement. The exercise or non-exercise by a party of any right under the terms or covenants herein shall not preclude or prejudice the exercising thereafter of the same or other rights under this Agreement.
Non-enforcement. The failure of either Party to exercise or enforce any of its rights under this Agreement shall not be deemed a waiver of such rights. No waiver may be made except in writing.
Non-enforcement. The obligations contained in this deed shall not be binding upon or enforceable against:
3.4.1 any statutory undertaker or other person who acquires any part of the Site or any interest in it for the purposes of the supply of electricity, gas, water, drainage telecommunication services or public transport services,
3.4.2 the Owner after he has disposed of his interest in the Site, or in the event of a disposal of part, in the part disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or similar, but not so as to release the Owner from any antecedent breach, non-performance or non- observance of his obligations,
3.4.3 any mortgagee of the RSL or any receiver appointed by such a mortgagee,
3.4.4 any person to whom the RSL grants a lease of a Unit to, or any successor in title to any such person,
3.4.5 any person to whom the RSL grants a Shared Ownership Lease,
3.4.6 any mortgagee of a tenant under a lease of a Shared Ownership Unit or any receiver appointed by such mortgagee,
3.4.7 any person who by virtue of the terms of the lease of a Shared Ownership Unit is granted a new lease of that Shared Ownership Unit or any mortgagee of a Shared Ownership Unit or any successor in title of such person or mortgagee,
3.4.8 the owners or occupiers of any Market Housing Unit or any mortgagee of a Market Housing Unit,
3.4.9 any mortgagee of a Shared Ownership Unit or any receiver appointed by such a mortgagee or any person deriving title through such a mortgagee or receiver;
Non-enforcement. The Landlord shall not be liable for any loss or damage howsoever caused arising from any non-enforcement of the House Rules or non-observance thereof by any person.
Non-enforcement. The obligations contained in this deed shall not be binding upon or enforceable against:
3.4.1 any statutory undertaker or other person who acquires any part of the Site or any interest in it for the purposes of the supply of electricity, gas, water, drainage telecommunication services or public transport services,
3.4.2 the Owner after he has disposed of his interest in the Site, or in the event of a disposal of part, in the part disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or similar, but not so as to release the Owner from any antecedent breach, non- performance or non-observance of his obligations,
3.4.3 any mortgagee of a Registered Social Landlord or any receiver appointed by such a mortgagee, or any person deriving title through such a mortgagee or receiver,
3.4.4 any person to whom a Registered Social Landlord grants a lease or Shared Ownership lease of a Unit or any successor in title to any such person,
3.4.5 a tenant or any occupant of an Affordable Housing Unit exercising a right to buy, right to acquire or similar statutory right to purchase,
3.4.6 any mortgagee of a tenant under a lease of a Shared Ownership Unit or any receiver appointed by such mortgagee or any person deriving title through any such mortgagee or receiver,
3.4.7 any person who by virtue of the terms of the lease of a Shared Ownership Unit is granted a new lease of that Shared Ownership Unit or any mortgagee of a Shared Ownership Unit or any successor in title of such person or mortgagee,
3.4.8 the purchasers or occupiers of any Market Housing Unit or any mortgagee of a Market Housing Unit,
3.4.9 any mortgagee of a Shared Ownership Unit or any receiver appointed by such a mortgagee or any person deriving title through such a mortgagee or receiver; provided that any mortgagee shall be a full member of the Council of Mortgage Lenders, unless otherwise approved in writing by the Council on a case-by-case basis.
Non-enforcement. The planning obligations contained in this Agreement shall not be binding upon or enforceable against:
6.1.1 any statutory undertaker or other person who acquires any part of the Site or any interest in it for the purposes of the supply of electricity, gas, water, drainage telecommunication services or
6.1.2 public transport services;
6.1.3 any bona fide purchaser and/or occupier of a Dwelling erected on the Site or its or their mortgagee save in connection with the Affordable Housing provided as part of the Affordable Housing Scheme but subject to the provisions of paragraph 4.1.2 of Schedule 1 and Schedule 3 hereto;
6.1.4 the Owner after he has disposed of his interest in the Site, or in the event of a disposal of part, in the part disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or similar, but not so as to release the Owner from any antecedent breach, non-performance or non- observance of his obligations;
6.1.5 for the avoidance of doubt the liability to pay any of the financial contributions referred to in Schedule 1 hereto shall not be enforceable against the person or body that becomes the registered proprietor of the Affordable Housing Site or any part thereof pursuant to this Agreement;
6.1.6 The obligations contained in this Agreement shall:
6.1.6.1 determine absolutely in respect of any On-Site Affordable Housing Unit in circumstances where a tenant acquires a freehold or leasehold interest in such dwelling pursuant to a statutory enfranchisement provision;
6.1.6.2 not bind any service supplier purchasing or leasing or taking a transfer of any part of the Affordable Housing Site solely for their operational requirements.
6.1.7 None of the affordable housing obligations in this Agreement shall be binding upon a chargee or mortgagee of the Affordable Housing Provider in the event of default under a mortgage or charge or upon any receiver appointed by them or any successors in title to such mortgagee, chargee or receiver and such chargee mortgagee or such receiver appointed by them (including administrative receivers) or any successors in title to such mortgagee chargee or receiver appointed by them and their successors in title shall be entitled to sell the On-Site Affordable Housing Units free from the provisions of this Agreement and provided further that such provisions shall not bind a tenant of an On-Site Affordable Housing Unit who exercises any right to buy or right to acquire such...
Non-enforcement. The Planning Obligations contained in this deed shall not be binding upon or enforceable against:
4.4.1 any statutory undertaker or other person who acquires any part of the Land or any interest in it for the purposes of the supply of electricity, gas, water, drainage telecommunication services or public transport services;
4.4.2 any bona fide purchaser and/or occupier of a Residential Unit erected on the Land or its or their mortgagee save in connection with the Affordable Housing provided as part of the Affordable Housing Scheme but subject to the provisions of paragraph 1.6 of Schedule 3 hereto;
4.4.3 the Owner after he has disposed of his interest in the Land, or in the event of a disposal of part, in the part disposed of, other than disposal of an interest in the nature of an easement or the benefit of a restriction or similar, but not so as to release the Owner from any antecedent breach, non-performance or non-observance of his obligations;
4.4.4 for the avoidance of doubt the liability to pay any of the financial contributions referred to in Schedule 3 and Schedule 4 hereto shall not be enforceable against the person or body that becomes the registered proprietor of the Affordable Housing Site or any part thereof pursuant to this Agreement
Non-enforcement. 3.5.1 This deed shall not be enforceable against owner-occupiers or tenants of Dwellings constructed pursuant to the Planning Permission, nor against those deriving title from such owner-occupiers or tenants or their mortgagees, except in respect of:
3.5.1.1 Schedule 2 paragraph 2.5 which shall remain enforceable against owner- occupiers and/or tenants of Affordable Housing Units and those deriving title from them to the extent permitted by the terms of this deed; and
3.5.1.2 Schedule 2 paragraphs 1.10(ii) and 9.7(ii) which shall remain enforceable against the owner of a Dwelling in so far as there is a breach of that provision in relation to the Dwelling in which such person has an interest; and
3.5.1.3 Schedule 2 paragraphs 3 -7 subject to paragraph 3.1 of Schedule 2.
3.5.2 The obligations contained in this deed shall not be binding upon or enforceable against any statutory undertaker or other person who acquires any part of the Site or any interest in it for the purposes of the supply of electricity, gas, water, drainage, telecommunications services or public transport services.