Common use of Non-Waiver Clause in Contracts

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 116 contracts

Samples: Consulting Agreement (Avenue Therapeutics, Inc.), Consulting Agreement (Allogene Therapeutics, Inc.), Executive Employment Agreement (Progressive Care Inc.)

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Non-Waiver. The failure of by either party to insist upon the strict performance of any of the one or more terms, covenants or conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of any right granted hereunder or of any future compliance therewithperformance of any such term, covenant or condition, and said terms, conditions and provisions the obligation of either party with respect hereto shall remain continue in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever , unless such waiver is shall be in writing and signed by such partythe Company (other than Executive) and Executive.

Appears in 51 contracts

Samples: Employment Agreement (PHI Group, Inc./De), Employment Agreement (PHI Group, Inc./De), Employment Agreement

Non-Waiver. The failure of either any party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, ; and the said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either any party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 22 contracts

Samples: Business Advisory Agreement (Astro Aerospace Ltd.), Business Advisory Agreement (Astro Aerospace Ltd.), Business Advisory Agreement (Sphere 3D Corp)

Non-Waiver. The failure of either any party to insist upon the strict performance of any of the termsterm, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, ; and the said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this the Agreement on the part party of either any party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 19 contracts

Samples: Consulting Agreement (Appyea, Inc), Consulting Agreement (Blue Star Foods Corp.), Consulting Agreement (Rocky Mountain High Brands, Inc.)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 14 contracts

Samples: Retention Agreement (Indevus Pharmaceuticals Inc), Retention Agreement (Indevus Pharmaceuticals Inc), Employment Agreement (Indevus Pharmaceuticals Inc)

Non-Waiver. The failure of either any party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 12 contracts

Samples: Employment Agreement (Dynacs Inc), Employment Agreement (Dynacs Inc), Employment Agreement (Univec Inc)

Non-Waiver. The failure of either any party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either any party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 12 contracts

Samples: Letter Agreement (Speedemissions Inc), Letter of Agreement (Emerging Delta Corp), Advisory Agreement (Hy Tech Technology Group Ing)

Non-Waiver. The No failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party to require the performance by the other party of any term of this Agreement shall be effective for taken or held to be a waiver of such term or in any purpose whatsoever unless such waiver is in writing and signed by way affecting such party’s right to enforce such term, and no waiver on the part of either party of any term in this Agreement shall be taken or held to be a waiver of any other term hereof or the breach thereof.

Appears in 11 contracts

Samples: Employee Agreement (Nic Inc), Employee Agreement (Nic Inc), Key Employee Agreement (Nic Inc)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 11 contracts

Samples: Employment Agreement (Incara Pharmaceuticals Corp), Employment Agreement (Incara Pharmaceuticals Corp), Employment Agreement (Incara Pharmaceuticals Corp)

Non-Waiver. The failure of by either party Party to insist upon the strict performance of enforce any of the terms, conditions and provisions provision of this Agreement shall will not be construed as constitute a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effectenforcement of that or any other provision. No The waiver of any term or condition provision of this Agreement on the part of either party shall will only be effective for any purpose whatsoever unless such waiver is if in writing and signed by the Party waiving such partyprovision.

Appears in 9 contracts

Samples: Master Manufacturing Agreement (Block, Inc.), Master Development and Supply Agreement (Block, Inc.), Master Manufacturing Agreement (Square, Inc.)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 9 contracts

Samples: Employment Agreement (Able Telcom Holding Corp), Employment Agreement (Able Telcom Holding Corp), Employment Agreement (Able Telcom Holding Corp)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of this Agreement and shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 6 contracts

Samples: Employment Agreement (Able Telcom Holding Corp), Employment Agreement (Able Telcom Holding Corp), Employment Agreement (Able Telcom Holding Corp)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of this Agreement, shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 4 contracts

Samples: Employment Agreement (Able Telcom Holding Corp), Employment Agreement (Able Telcom Holding Corp), Employment Agreement (Able Telcom Holding Corp)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions conditions, and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions conditions, and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 3 contracts

Samples: Employment Agreement (Indevus Pharmaceuticals Inc), Employment Agreement (Indevus Pharmaceuticals Inc), Employment Agreement (Indevus Pharmaceuticals Inc)

Non-Waiver. The failure of either party to this Agreement to insist upon the strict performance of any of the terms, terms and conditions and provisions of this Agreement Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as a waiver or relinquishment of future compliance therewiththereafter waiving any such terms and conditions, but the same shall continue and said terms, conditions and provisions shall remain in full force and effect. No effect as if no such forebearance or waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such partyhad occurred.

Appears in 3 contracts

Samples: Consulting Services Agreement (Black Hills Corp /Sd/), Employment Agreement (Black Hills Corp /Sd/), Employment Agreement (Black Hills Corp /Sd/)

Non-Waiver. The failure of either party to this Agreement to insist upon the strict performance of any of the terms, terms and conditions and provisions of this Agreement Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as a waiver or relinquishment of future compliance therewiththereafter waiving any such terms and conditions, but these shall continue and said terms, conditions and provisions shall remain in full force and effect. No effect as if no such forbearance or waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such partyhad occurred.

Appears in 2 contracts

Samples: Agreement for Transportation Services, Independent Contractor Operating Agreement

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of provisionsof this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said andsaid terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 2 contracts

Samples: Employment Agreement (Dor Biopharma Inc), Employment Agreement (Dor Biopharma Inc)

Non-Waiver. The Except as may be expressly provided in this Agreement or in a writing signed by the Party against whom a waiver is claimed, the failure of either party Party to insist upon the in any instance on strict performance of any of the terms, conditions and provisions provision of this Agreement shall not be construed as a waiver of any such provision or the relinquishment of future compliance therewithany rights thereunder in the future, but the same shall continue and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 2 contracts

Samples: Energy Services Agreement (East Coast Power LLC), Shared Facilities and Coordinated Operation Agreement and Indemnity (East Coast Power LLC)

Non-Waiver. The failure of either any party to insist upon the strict performance of any of the terms, conditions conditions, and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, ; and the said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this the Agreement on the part party of either any party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 2 contracts

Samples: Minivest Agreement (KYN Capital Group, Inc.), Minivest Agreement (Smart Decision, Inc.)

Non-Waiver. The No failure by either party hereto, at any time, to require the performance by the other of an term of this Agreement, shall in any way affect the right of either party to insist upon the strict performance enforce such terms, nor shall any waiver by either party of any term hereof by taken or held to be a waiver of the terms, conditions and provisions any other provision of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effectAgreement. No waiver of any term or condition provision of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver the same is in writing and writing, signed by such partythe parties hereto.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be he construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 2 contracts

Samples: Collaboration and Supply Agreement (Dor Biopharma Inc), Exclusive License Agreement (Dor Biopharma Inc)

Non-Waiver. The failure of either party to this Agreement to insist upon the strict performance of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms, terms and conditions and provisions of this Agreement Agreement, shall not be construed as a waiver or relinquishment thereafter waiving any such terms and conditions, all of future compliance therewith, which shall continue and said terms, conditions and provisions shall remain in full force and effect. No effect as if no such forbearance or waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such partyhad occurred.

Appears in 2 contracts

Samples: Independent Contractor Service Agreement and Release, Contractor Service Agreement and Release (Sirva Inc)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 2 contracts

Samples: Genta Incorporated /De/, Genta Incorporated /De/

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, ; conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 2 contracts

Samples: Master Consulting Agreement (DARA BioSciences, Inc.), Employment Agreement (Double Eagle Holdings, Ltd.)

Non-Waiver. The failure of either party Party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party Party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such partyParty.

Appears in 2 contracts

Samples: Private Token Sale Agreement, Consulting Agreement (Kite Pharma, Inc.)

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Non-Waiver. The failure of either any party to insist upon the ---------- strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, ; and the said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either any party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Exclusive Advisory Agreement (Ns8 Corp)

Non-Waiver. The (a)The failure of either party to insist upon the strict performance of any of the terms, conditions conditions, and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions conditions, and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Employment Agreement (Xcraft Enterprises, LLC)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall will not be construed as a waiver or relinquishment of future compliance therewithwith those provisions, and said those terms, conditions and provisions shall will remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall will be effective for any purpose whatsoever unless such the waiver is in writing and signed by such the waiving party.

Appears in 1 contract

Samples: Employment Agreement (Progenitor Inc)

Non-Waiver. The failure Failure by either party hereto, at any time, to require the performance by the other of any term of this Agreement, shall not in any way affect the right of either party to insist upon the strict performance enforce such terms, nor shall any waiver by either party of any term hereof be taken or held to be a waiver of the terms, conditions and provisions any other provision of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effectAgreement. No waiver of any term or condition provision of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver the same is in writing and writing, signed by such partythe parties hereto.

Appears in 1 contract

Samples: Lease and Sublease Agreement (President Casinos Inc)

Non-Waiver. The failure of either any party to insist upon the strict performance of any of the termsterm, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, ; and the said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this the Agreement on the part of either any party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Advisory Agreement (Pelican Delivers, Inc.)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party. 18.

Appears in 1 contract

Samples: Employment Agreement (Able Telcom Holding Corp)

Non-Waiver. The failure Failure of either party Party to insist upon the strict performance of any of the terms, conditions and or provisions of this Agreement Agreement, or to exercise any right or privilege herein shall not be construed as a waiver or relinquishment of future compliance therewith, and said waiving any such terms, conditions conditions, provisions, rights or privileges, but the same shall continue and provisions shall remain in full force and effecteffect as if no forbearance or waiver had occurred. No Any waiver of any term or condition of this Agreement on the part of either party shall must be effective for any purpose whatsoever unless such waiver is in writing and signed by such the waiving party.

Appears in 1 contract

Samples: This Agreement

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewiththerewith or with any other term, condition or provision hereof, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Employment Agreement (XTL Biopharmaceuticals LTD)

Non-Waiver. The failure of either party to insist upon the strict performance of any of or the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Extension of Employment Agreement (Boston Life Sciences Inc /De)

Non-Waiver. The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, ; conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.. ​

Appears in 1 contract

Samples: Employment Agreement (Theriva Biologics, Inc.)

Non-Waiver. The failure of either any party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, ; and the said termste1ms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either any party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Investment  banking Agreement (Lilis Energy, Inc.)

Non-Waiver. The failure of either party to insist upon the strict performance of or compliance with any of the terms, conditions and provisions provision of this Agreement shall not be construed as constitute a waiver or relinquishment of future compliance therewithsuch provision on any subsequent occasion, and said terms, conditions and all such provisions shall remain in full force and effect. No waiver of any term effect unless waived or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is relinquished in writing and signed by such partywriting.

Appears in 1 contract

Samples: Developer Agreement

Non-Waiver. The Except as may be expressly provided in this Agreement or in a writing signed by the Party against whom a waiver is claimed, the failure of either party any Party to insist upon the in any instance on strict performance of any of the terms, conditions and provisions provision of this Agreement shall not be construed as a waiver of any such provision or the relinquishment of future compliance therewithany rights thereunder in the future, but the same shall continue and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Electricity Supply Agreement (East Coast Power LLC)

Non-Waiver. The failure of either party to insist upon the strict performance of any CONSULTING AGREEMENT of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Consulting Agreement (Allogene Therapeutics, Inc.)

Non-Waiver. The failure of either party to insist upon insxxx xpon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms, conditions and provisions shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.

Appears in 1 contract

Samples: Employment Agreement (Keryx Biopharmaceuticals Inc)

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