Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 27 contracts
Samples: Employment Agreement (Nuvox Inc /De/), Employment Agreement (Nuvox Inc /De/), Employment Agreement (Florida Public Utilities Co)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, Agreement or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 20 contracts
Samples: Incentive Compensation Reimbursement Agreement (Barnes Group Inc), Employment Agreement (Barnes Group Inc), Employment Agreement (Barnes Group Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the any other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, Agreement or any part hereof, or the right of either any party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 20 contracts
Samples: Employment Agreement (Sra International, Inc.), Employment Agreement (iPayment Holdings, Inc), Employment Agreement (Ipayment Inc)
Non-Waiver of Rights. The Either party’s failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either the non-breaching party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 16 contracts
Samples: Confidentiality and Noncompete Agreement, Employment, Confidentiality and Noncompete Agreement (Build a Bear Workshop Inc), Employment, Confidentiality and Noncompete Agreement (Build a Bear Workshop Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 14 contracts
Samples: Employment Agreement (SPSS Inc), Employment Agreement (SPSS Inc), Employment Agreement (Enterprise Financial Services Corp)
Non-Waiver of Rights. The Either party's failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either the non-breaching party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 9 contracts
Samples: Employment, Confidentiality and Noncompete Agreement, Employment, Confidentiality and Noncompete Agreement (Build a Bear Workshop Inc), Employment, Confidentiality and Noncompete Agreement (Build a Bear Workshop Inc)
Non-Waiver of Rights. The failure of either party to enforce enforce, at any time time, any of the provisions of this Agreement or to require require, at any time time, performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions provision or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Intelligentek CORP), Employment Agreement (Intelligentek CORP), Employment Agreement (Intelligentek CORP)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 6 contracts
Samples: Employment Agreement (Endostim, Inc.), Consulting and Non Competition Agreement (Endostim, Inc.), Employment Agreement (Endostim, Inc.)
Non-Waiver of Rights. The failure of either party to enforce enforce, at any time time, any of the provisions of this Agreement Agreement, or to require require, at any time time, performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions provision or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Aeolus Pharmaceuticals, Inc.), Employment Agreement (Masimo Corp), Employment Agreement (Masimo Corp)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Desa Holdings Corp), Employment Agreement (Desa Holdings Corp), Employment Agreement (Desa Holdings Corp)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the -------------------- provisions of this Agreement or to require at any time performance by the any other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, Agreement or any part hereof, or the right of either any party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 4 contracts
Samples: Employment Agreement (Diveo Broadband Networks Inc), Employment Agreement (Diveo Broadband Networks Inc), Employment Agreement (Diveo Broadband Networks Inc)
Non-Waiver of Rights. The failure of either a party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, Agreement or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 4 contracts
Samples: Employment Agreement (Telewest Global Inc), Agreement (Telewest Global Inc), Employment Agreement (Autocam International LTD)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the -------------------- provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Key Executive (Enterbank Holdings Inc), Key Executive (Enterbank Holdings Inc), Key Executive (Enterbank Holdings Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be as a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Agreement (JPS Packaging Co), Agreement (JPS Packaging Co), Stock Option Agreement (Sealright Company Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party Party thereafter to enforce each and every provision in accordance with the terms of this Agreement..
Appears in 3 contracts
Samples: Employment and Compensation Agreement (Esco Technologies Inc), Employment and Compensation Agreement (Esco Technologies Inc), Employment and Compensation Agreement (Esco Technologies Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party parties of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, Agreement or any part hereof, or the right of either any party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 3 contracts
Samples: Employment Agreement (Theglobe Com Inc), Employment Agreement (Theglobe Com Inc), Employment Agreement (Theglobe Com Inc)
Non-Waiver of Rights. The failure Failure of either party a Party to enforce at any time any of the provisions of or any rights with respect to this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be considered a waiver of such provisions or to rights or in any way affect either the validity of this Agreement, . The failure of either Party to enforce any of such provisions or rights shall not preclude or prejudice such Party from later enforcing or exercising the same or any part hereof, other provisions or the right of either party thereafter to enforce each and every provision in accordance with the terms of rights which it may have under this Agreement.
Appears in 3 contracts
Samples: License Agreement (Salix Pharmaceuticals LTD), License Agreement (Salix Pharmaceuticals LTD), License Agreement (Salix Pharmaceuticals LTD)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to do be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (SPSS Inc), Employment Agreement (SPSS Inc)
Non-Waiver of Rights. The failure of Failure by either party Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be as a waiver of such provisions or to its rights hereunder. Any waiver of a breach of any provision hereof shall not affect either Party's rights in the validity event of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementadditional breach.
Appears in 2 contracts
Samples: Agreement (Novoste Corp /Fl/), Agreement (pSivida LTD)
Non-Waiver of Rights. The failure of either a party to enforce at insist on the strict performance of any time any of the provisions provision of this Agreement or to require at exercise any time performance by the other party right, power or remedy upon a breach of any provision of the provisions hereof this Agreement shall in no way be construed to be not constitute a waiver of such provisions or to affect either the validity any provision of this Agreement, Agreement or any part hereof, or limit the party’s right of either party thereafter to enforce each and every any provision in accordance with the terms of this Agreementor exercise any right.
Appears in 2 contracts
Samples: Restatement and Fourth, westlinnoregon.gov
Non-Waiver of Rights. The failure of either by any party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the any other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or Agreement and any part hereof, hereof or the right of either any party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 2 contracts
Samples: Employment Agreement (Rohn Industries Inc), Employment Agreement (Rohn Industries Inc)
Non-Waiver of Rights. The failure of Failure by either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be constructed as a waiver of such provisions or to its rights hereunder. Any waiver of a breach of any provision hereof shall not be effective unless in writing and shall not affect either party's rights in the validity event of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementadditional breach.
Appears in 2 contracts
Samples: Agreement (Molecular Insight Pharmaceuticals, Inc.), Agreement (Molecular Insight Pharmaceuticals, Inc.)
Non-Waiver of Rights. The failure of Failure by either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be as a waiver of such provisions or to its rights hereunder. Any waiver of a breach of any provision hereof shall not be effective unless in writing and shall not affect either party’s rights in the validity event of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementadditional breach.
Appears in 2 contracts
Samples: Quality Agreement (Molecular Insight Pharmaceuticals, Inc.), Facility and Supply Agreement (Molecular Insight Pharmaceuticals, Inc.)
Non-Waiver of Rights. The failure of either party Party to enforce at any time any of the provisions of this Agreement or any rights with respect to require at any time performance by the other party of any of the provisions hereof shall this Agreement will in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, . Such failure will not preclude or prejudice such Party from later enforcing the same or any part hereof, other provisions or the right of either party thereafter to enforce each and every provision in accordance with the terms of rights it may have under this Agreement.
Appears in 2 contracts
Samples: Distributor Agreement (Engenio Information Technologies, Inc.), Distributor Agreement (Engenio Information Technologies, Inc.)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Executive Employment Agreement (Infinite Group Inc), Employment Agreement (Infinite Group Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision provisions in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: License and Services Agreement (Educational Video Conferencing Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions provision of this Agreement or to require at any time performance by the other party of any of the provisions provision hereof shall in no way not be construed to be as a waiver of such provisions provision or to affect either the validity of this Agreement, Agreement or any part hereof, hereof or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 1 contract
Non-Waiver of Rights. The failure of by either party to enforce at any time to enforce any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be as a waiver of such provisions or to affect either the validity of this Agreement, or any part other provisions hereof, or the right of . The exercise by either party thereafter to enforce each of any of its rights herein or at law or in equity shall not preclude or prejudice such party from exercising any other rights provided herein or at law or in equity. No waiver shall be effective unless it is in writing and every provision in accordance with signed by an authorized representative of the terms of this Agreementwaiving party.
Appears in 1 contract
Non-Waiver of Rights. The failure of by either party to enforce Party at any time to enforce any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be as a waiver of such provisions or to affect any other provisions hereof. The exercise by either the validity Party of this Agreement, any of its rights herein or at law or in equity shall not preclude or prejudice such Party from exercising any part hereof, other rights provided herein or the right of either party thereafter to enforce each and every provision at law or in accordance with the terms of this Agreementequity.
Appears in 1 contract
Non-Waiver of Rights. The failure of either party hereto to enforce at any time any of the provisions of this Agreement or to require at shall not be considered any time performance by the other party kind of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, Agreement or the right of either such party thereafter to enforce each and every provision in accordance with the terms any provisions of this Agreement.
Appears in 1 contract
Samples: Financial Advisory Services Agreement (Norton Motors International Inc)
Non-Waiver of Rights. The failure of Failure by either party to enforce at any time any of the provisions provision of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be interpreted as a waiver of such provisions provision or to affect either the validity any other provision or any existing or future rights or privileges under this Agreement. The terms and conditions of this Agreement, Agreement may be strictly enforced at any time despite any past or any part hereof, or the right of subsequent failure to do so by either party thereafter to enforce each and every provision in accordance with the terms of this Agreementparty.
Appears in 1 contract
Samples: Paid Deductible Agreement
Non-Waiver of Rights. The failure of either party to enforce at any time any of the -------------------- provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: United Natural Foods Inc
Non-Waiver of Rights. The failure of by either party to enforce at any time to -------------------- enforce any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be as a waiver of such provisions or to affect either the validity of this Agreement, or any part other provisions hereof, or the right of . The exercise by either party thereafter to enforce each and every provision of any of its rights herein or at law or in accordance with the terms of this Agreementequity shall not preclude or prejudice such party from exercising any other rights provided herein or at law or in equity.
Appears in 1 contract
Samples: License Agreement (Interneuron Pharmaceuticals Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the -------------------- provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, Agreement or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementits terms.
Appears in 1 contract
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party Party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Employment and Compensation Agreement (Esco Technologies Inc)
Non-Waiver of Rights. The failure of Failure by either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be as a waiver of such provisions or to its rights hereunder. Any waiver of a breach of any provision hereof shall not be effective unless in writing and shall not affect either party's rights in the validity event of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementadditional breach.
Appears in 1 contract
Samples: Bmipp Supply Agreement (Molecular Insight Pharmaceuticals, Inc.)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Enterprise Banking (Enterprise Financial Services Corp)
Non-Waiver of Rights. The failure of by either party to enforce at any time to enforce any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way not be construed to be as a waiver of such provisions or to affect either the validity of this Agreement, or any part other provisions hereof, or the right of . The exercise by either party thereafter to enforce each and every provision of any of its rights herein or at law or in accordance with the terms of this Agreementequity shall not preclude or prejudice such party from exercising any other rights provided herein or at law or in equity.
Appears in 1 contract
Samples: Grade Supply Agreement (Durect Corp)
Non-Waiver of Rights. The failure of either any party to --------------------- enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Employment Agreement (Mercantile Bancorporation Inc)
Non-Waiver of Rights. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.affect
Appears in 1 contract
Samples: Employment Agreement (Gabriel Communications Inc /De/)
Non-Waiver of Rights. The failure of either party to enforce at any time any of --------------------- the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Appears in 1 contract
Non-Waiver of Rights. The failure of Failure by either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof agreement shall in no way not be construed to be as a waiver of such provisions or to its rights hereunder. Any waiver of a breach of any provision hereof shall not be effective unless in writing and shall not affect either party's rights in the validity event of this Agreement, or any part hereof, or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreementadditional breach.
Appears in 1 contract