Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 135 contracts
Samples: Wireless Interconnection and Reciprocal Compensation Agreement, Wireless Interconnection and Reciprocal Compensation Agreement, Wireless Interconnection and Reciprocal Compensation Agreement
Non-Waiver. Failure The failure of either a Party in any one or more instances to insist on upon strict performance of any term or condition of the terms and conditions of this Agreement or to exercise any right or privilege hereunder shall not be construed as constitute a continuing waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or conditions on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 42 contracts
Samples: Iana Ipr Community Agreement, Iana Ipr Community Agreement, Iana Ipr Community Agreement
Non-Waiver. Failure The failure of either a Party in any one or more instances to insist on upon strict performance of any term or condition of the terms and conditions of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or conditions on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 37 contracts
Samples: Option and License Agreement (Yumanity Therapeutics, Inc.), Option and License Agreement (Yumanity Therapeutics, Inc.), License Agreement (Corbus Pharmaceuticals Holdings, Inc.)
Non-Waiver. Failure The failure of either Party a party in any one or more instances to insist on upon strict performance of any term or condition of the terms and conditions of this Agreement or to exercise any right or privilege hereunder shall not be construed as constitute a continuing waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or conditions on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 35 contracts
Samples: Iana Ipr Assignment Agreement, Ip Assignment Agreement, Ip Assignment Agreement
Non-Waiver. 34.1 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 15 contracts
Samples: Cellular/PCS Interconnection Agreement, Cellular/PCS Interconnection Agreement, Paging Interconnection Agreement
Non-Waiver. Failure The failure or refusal of either Party party to insist on upon the strict performance of any term or condition provision of this Agreement or to exercise any right in any one or privilege hereunder more instances or circumstances shall not be construed as a continuing waiver or future waiver relinquishment of such termprovision or right, condition, right nor shall such failure or privilegerefusal be deemed a custom or practice contrary to such provision or right.
Appears in 13 contracts
Samples: Employment Agreement (Algodon Wines & Luxury Development Group, Inc.), Employment Agreement (Autoinfo Inc), Employment Agreement (Healthway Shopping Network)
Non-Waiver. 35.1 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 13 contracts
Samples: Paging Facilities Agreement, Paging Interconnection Agreement, Paging Interconnection Agreement
Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege. By entering into this Agreement neither Party waives any rights granted to them pursuant to the Act.
Appears in 12 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Non-Waiver. Failure The failure of either Party party to insist insist, in any one or more instances, on the performance of any term of the terms, covenants, or condition conditions of this Agreement Agreement, or to exercise any right or privilege hereunder of its rights, shall not be construed as a continuing waiver or future waiver relinquishment of such term, conditioncovenant, condition or right or privilegewith respect to further performance.
Appears in 9 contracts
Samples: Transfer Agreement, Dual Admission Agreement, Dual Admission Agreement
Non-Waiver. Failure of either Party to insist on the performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 9 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Non-Waiver. Failure The failure of either Party party to insist on upon or enforce strict performance by the other party of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder shall rights hereunder, should not be construed as a continuing waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 5 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement, Design Agreement
Non-Waiver. Failure The failure of either Party party to insist on upon the performance of any term or condition provision of this Agreement or to exercise any right or privilege hereunder herein conferred shall not be construed as a continuing waiver or relinquishment of the party's right to assert or rely upon any such term or right on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 4 contracts
Samples: Dna Specimen Repository Agreement (Genelink Inc), Dna Specimen Repository Agreement (Genelink Inc), Dna Specimen Repository Agreement (Genelink Inc)
Non-Waiver. 33.1 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 4 contracts
Samples: Paging Interconnection Agreement, Paging Facilities Agreement, Paging Facilities Agreement
Non-Waiver. Failure The failure of either Party to insist on upon or enforce, in any instance, performance by the other Party of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder rights conferred herein shall not be construed as a continuing waiver or relinquishment of its rights to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 3 contracts
Samples: Corporate Services Agreement (Enexus Energy CORP), Shared Services Agreement (Enexus Energy CORP), Shared Services Agreement (Enexus Energy CORP)
Non-Waiver. Failure of The failure by either Party party to insist on performance of upon or enforce any term or condition of this Agreement or to exercise any right or privilege hereunder herein granted shall not be construed as a continuing waiver or relinquishment to any extent of its right to assert or rely upon such term or right on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 2 contracts
Samples: Combination Agreement (Concho Resources Inc), Transition Services Agreement (Concho Resources Inc)
Non-Waiver. Failure of either Party party to insist on performance of any term or condition of this Agreement Contract or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right right, or privilege.
Appears in 2 contracts
Samples: Contract for Furnishing Health Services (Amerigroup Corp), Contract for Furnishing Health Services (Wellcare Health Plans, Inc.)
Non-Waiver. Failure The failure of either Party to insist on upon the performance of any term or condition of this Agreement or to exercise any right hereunder on one or privilege hereunder more occasions shall not be construed as constitute a continuing waiver or relinquishment of its right to demand future waiver performance of such term, term or condition, or to exercise such right or privilegein the future.
Appears in 2 contracts
Samples: Optional Hvac Services Agreement, Momentary Parallel Operation Interconnection Agreement
Non-Waiver. Failure The failure of either Party to insist on performance of any term or condition of this Agreement or party to exercise any right hereunder or privilege hereunder to insist upon performance of any of the terms or conditions of this Agreement shall not be construed as a continuing waiver or relinquishment of any right to insist upon future waiver performance of any such term, term or condition, right or privilege.
Appears in 2 contracts
Samples: License Agreement (Exact Sciences Corp), Manufacturing Agreement (Staktek Holdings Inc)
Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be TrafficExchanAgegreemebnettweeHnTCandVZW construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 1 contract
Samples: Interconnection Agreement
Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 1 contract
Samples: Interconnection Agreement
Non-Waiver. Failure of either Party to insist on the performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 1 contract
Samples: Interconnection Agreement
Non-Waiver. Failure of either Party to insist on performance of any term or condition Condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 1 contract
Non-Waiver. Failure The failure of either Party any party to insist on in any one or more instances upon strict performance of any term or condition obligation of another party under this Agreement or to exercise any right or privilege hereunder Lease shall not be construed as deemed to be a continuing or future waiver of the performance of any such term, condition, right obligation or privilegea relinquishment of any rights hereunder for the future.
Appears in 1 contract
Samples: Berthing and Mooring Lease Agreement
Non-Waiver. Failure of either Party party to insist on performance of any term or condition of this Agreement Contract or to exercise any right or privilege hereunder hcreundcr shall not be construed as a continuing or future waiver of such term, condition, right right, or privilege.
Appears in 1 contract
Samples: Contract for Furnishing Health Services (Wellcare Health Plans, Inc.)
Non-Waiver. Failure of either The failure by any Party to insist on upon or enforce ---------- strict performance by the other party of any term or condition of the terms of this Agreement or to exercise any right or privilege rights hereunder shall not be construed as a continuing waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 1 contract
Samples: Consulting Agreement (Identix Inc)
Non-Waiver. Failure The failure of either Party to insist on upon or enforce strict performance by the other Party of any term or condition provision of this Agreement or to exercise any right or privilege hereunder under this Agreement shall not be construed as a continuing or future waiver to any extent of such term, condition, Party’s right to assert or privilegerely upon any such provision or right in that or any other instance.
Appears in 1 contract
Samples: Transition Services Agreement (CNL Hotels & Resorts, Inc.)
Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 1 contract
Samples: Interconnection Agreement
Non-Waiver. Failure The failure of either Party party to insist on ---------- upon or enforce in any instance, performance by the other party of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder rights conferred herein shall not be construed as a continuing waiver or relinquishment of its rights to assert or rely upon such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 1 contract
Non-Waiver. Failure The failure of either Party party to insist insist, in any one or more instances, on compliance with or performance of any term of the terms, promises or condition conditions of this Agreement Agreement, or to exercise any right or privilege hereunder of its rights, shall not be construed as a continuing waiver or future waiver relinquishment of such term, conditionpromise, condition or right with respect to further compliance with or privilegeperformance.
Appears in 1 contract
Non-Waiver. Failure of either Party to insist on the performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right fight or privilege.
Appears in 1 contract
Samples: Interconnection Agreement
Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 1 contract
Samples: Interconnection Agreement
Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.. 11/04/02 21 InterconnectioanndReciprocaCl ompensatioAngreemenbtetweenSandhil&l Cingular
Appears in 1 contract
Samples: Interconnection and Reciprocal Compensation Agreement
Non-Waiver. Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right fight or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right fight or privilege.
Appears in 1 contract
Samples: Wireless Interconnection and Reciprocal Compensation Agreement
Non-Waiver. Failure The failure of either any Party to insist on demand strict performance of any term or condition all of the terms of this Agreement Agreement, or to exercise any right or privilege hereunder all rights conferred by this Agreement, shall not be construed as a continuing waiver or future waiver relinquishment of that party’s right to assert or rely upon any such term, condition, right or privilegein the future.
Appears in 1 contract
Samples: Mutual Confidentiality Agreement (Save the World Air Inc)
Non-Waiver. Failure The failure of either Party party to insist on upon or enforce, in any instance, strict performance by the other of any term or condition of the terms of this Agreement or to exercise any right or privilege hereunder rights herein conferred shall not be construed as a continuing waiver or relinquishment to any extent of its rights to assert or rely upon any such terms or rights on any future waiver of such term, condition, right or privilegeoccasion.
Appears in 1 contract
Samples: Distributor Purchase and Sales Agreement (Fuse Medical, Inc.)
Non-Waiver. Failure of either a Party to insist on performance of any term or condition of this Agreement the Agreement, or to exercise any right or privilege hereunder shall hereunder, will not be construed as a continuing or future waiver of such term, condition, right right, or privilege.
Appears in 1 contract
Samples: Data Trust Agreement
Non-Waiver. Failure of either Party to insist on performance of any ---------- term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.
Appears in 1 contract
Samples: Local Exchange Telecommunications Services Resale Agreement (United Usn Inc)
Non-Waiver. 35.1 Failure of either Party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege.privilege.
Appears in 1 contract
Samples: Paging Facilities Agreement