Common use of NON-WAIVER OF DEFAULT Clause in Contracts

NON-WAIVER OF DEFAULT. The failure of either party to insist, in any one or more instances, on the performance of any term or condition of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party with respect thereto shall continue in full force and effect.

Appears in 11 contracts

Samples: Exclusive Property Management Agreement, Exclusive Property Management Agreement, Exclusive Property Management Agreement

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NON-WAIVER OF DEFAULT. The failure of either party to insist, in any one or more instances, on the performance of any term terms or condition conditions of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party with respect thereto shall continue in full force and effect.

Appears in 8 contracts

Samples: Exclusive Property Management Agreement, Affinity Agreement (Frontier Group Holdings, Inc.), Exclusive Property Management Agreement

NON-WAIVER OF DEFAULT. The failure of either party Party to insist, in any one or more instances, on the performance of any term terms or condition conditions of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party Party with respect thereto shall continue in full force and effect.

Appears in 6 contracts

Samples: Facilities Agreement, Program Management Agreement (H&r Block Inc), Program Management Agreement (H&r Block Inc)

NON-WAIVER OF DEFAULT. The failure of either party to insist, in any one anyone or more instances, on the performance of any term or condition of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party with respect thereto shall continue in full force and effect.

Appears in 2 contracts

Samples: www.stevensrentals.com, www.stevensrentals.com

NON-WAIVER OF DEFAULT. No waiver under this Agreement shall be effective unless it is in writing and executed by all of the Parties hereto. The failure of either party Party to insist, in any one or more instances, on the performance of any term terms or condition conditions of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-non- performing party Party with respect thereto shall continue in full force and effect.

Appears in 2 contracts

Samples: Confidential Bankcard Marketing Agreement (Coolsavings Com Inc), Confidential Bankcard Marketing Agreement (Coolsavings Com Inc)

NON-WAIVER OF DEFAULT. The failure of either party to insist, in any one or more instances, on the performance of any term or condition of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party with respect thereto hereto shall continue in full force and effect.

Appears in 2 contracts

Samples: Early Marketing Agreement, Early Marketing Agreement Select Property Rental Management

NON-WAIVER OF DEFAULT. The failure of either party to insist, in any one or more instances, on the performance of any term or condition of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party with respect thereto hereto shall continue in full force and effecteffect.

Appears in 1 contract

Samples: Early Marketing Agreement

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NON-WAIVER OF DEFAULT. The failure of either party Party to insist, in any one or more instances, on the performance of any term or condition of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party Party with respect thereto shall continue in full force and effect.

Appears in 1 contract

Samples: Interactive Marketing Agreement (Priceline Com Inc)

NON-WAIVER OF DEFAULT. The failure of either party any of the Parties to insist, in any one or more instances, on the performance of any term terms or condition conditions of this Agreement shall will not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the any non-performing party Party with respect thereto shall will continue in full force and effect.

Appears in 1 contract

Samples: Program Management Agreement (H&r Block Inc)

NON-WAIVER OF DEFAULT. The failure of either any party to insist, in --------------------- any one or more instances, on the strict performance of any term of the terms or condition conditions of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term or condition, and the obligations of the non-performing party parties with respect thereto shall continue in full force and effect. Any waiver of any terms of this Agreement shall be in writing, and shall be executed by the party or parties against whom such waiver is sought to be enforced.

Appears in 1 contract

Samples: Asset Purchase Agreement (Endo Pharmaceuticals Holdings Inc)

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