Non-Enforcement Not Waiver. Failure by any one of the Parties to enforce this entire Agreement or any provision of it with regard to any provision contained herein shall not be construed as a waiver by that party of any right to do so.
Non-Enforcement Not Waiver. Neither party shall be excused from complying with any of the terms and conditions of this Franchise Agreement by any failure of either party upon one or more occasions to insist upon or to seek compliance with any such terms or conditions. No course of dealing between the Company and the Town, nor any delay on the part of the Town or Company in exercising any rights hereunder, shall operate as a waiver of any such rights of the Town or Company or acquiescence in the actions of the Company or the Town in contravention of such right, except to the extent expressly waived by either party or expressly provided for in this Franchise Agreement. No decision by the Town or Company to invoke any remedy under this Franchise Agreement or under any statute, law or ordinance shall preclude the availability of any other such remedy. This provision does not extend any applicable statute of limitations.
Non-Enforcement Not Waiver. Neither the Town nor any cable operator shall be excused from complying with any of the terms and conditions of a franchise agreement or this Ordinance by any failure of either party upon one or more occasions to insist upon or to seek compliance with any such terms or conditions. No course of dealing between a cable operator and the Town, nor any delay on the part of the Town or cable operator in exercising any rights granted by a franchise agreement or this Ordinance, shall operate as a waiver of any such rights thereof or acquiescence in the actions of the cable operator or Town in contravention of such right, except to the extent expressly waived by either party. No decision by the Town or cable operator to invoke any remedy under a franchise agreement, this Ordinance or under any statute, law or ordinance shall preclude the availability of any other such remedy.
Non-Enforcement Not Waiver. Failure by any one of the Parties to enforce this entire Agreement or any provision of it with regard to any provision contained herein shall not be construed as a waiver by that party of any right to do so. CITY OF SPOKANE, WASHINGTON By (person signing) Title Attest: Approved as to form: Clerk Assistant City Attorney Owners of Record Xxxx X Xxxxxx, Owner Xxx 0, Xxxxx 00 Xxx X. Xxxxxx, Owner Xxx 0, Xxxxx 00 XXXX XXX, Xxxxx Xxx 0, Xxxxx 00 Xxxxxxx X Xxxxxxxx, Owner Xxx 0 & 0, Xxxxx 00 Xxxxx X Xxxxxxxx, Owner Xxx 0 & 0, Xxxxx 00 XXXXX XX XXXXXXXXXX ) ) ss. County of Spokane ) I certify that I know or have satisfactory evidence that and XXXXX X. XXXXXXX, are the persons who appeared before me and said persons acknowledged that they signed this document, on oath stated that they were authorized to sign it and ack- nowledged it as the and the City Clerk, respectively, of the CITY OF SPOKANE, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes therein mentioned. DATED: Notary Public in and for Washington State, residing at My appointment expires STATE OF WASHINGTON : : ss. County of Spokane : I hereby certify that I know or have satisfactory evidence that, on this day of , 20 , signed this instrument, (Print name) on oath state that (she/he/they) is/are authorized to execute the instrument as a of (Position/Title) (Name of entity) and acknowledge it to be (her/his/their) free and voluntary act of such party for uses and purposes mentioned in the instrument.
