Non-Waiver. Any failure on the part of a Party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereof.
Appears in 36 contracts
Samples: License Agreement, Mutual Services Agreement, Mutual Services Agreement (AgroFresh Solutions, Inc.)
Non-Waiver. Any The failure on the part of a Party to enforce at or the delay in enforcement of any time or for any period of time any of the provisions provision of this Agreement by a party shall not in no way be deemed or construed to be a waiver of such provisions provision or of any right of unless such Party thereafter to enforce each and every party expressly waives such provision on any succeeding occasion or breach thereofright in writing.
Appears in 28 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
Non-Waiver. Any failure on the part Failure of a Party either party to enforce at any time or for any period of time any of the provisions provision of this Agreement shall not operate or be deemed or construed to be as a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on or provisions, nor prevent such party from thereafter enforcing any succeeding occasion of its rights with respect to other or breach thereoffurther violations of the Agreement.
Appears in 23 contracts
Samples: Management Services Agreement (ZenaTech, Inc.), Management Services Agreement (ZenaTech, Inc.), Management Services Agreement (ERC Communities 1, Inc.)
Non-Waiver. Any failure on the part of a Party to enforce at any time or for of either party to enforce any period of time any of the provisions provision of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions provision or of any prejudice the right of such Party thereafter party to enforce each and every such provision on at any succeeding occasion or breach thereofsubsequent time.
Appears in 19 contracts
Samples: Aircraft Purchase Agreement (Blade Air Mobility, Inc.), Aircraft Purchase Agreement (Blade Air Mobility, Inc.), Aircraft Purchase Agreement (Blade Air Mobility, Inc.)
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time or for any period of time any one or more of the provisions terms or conditions of this Agreement shall not be deemed or construed to be a waiver of such provisions term(s) or condition(s) or of any that party's right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofterm and condition of this Agreement.
Appears in 13 contracts
Samples: Executive Supplemental Compensation Agreement (Columbia Banking System, Inc.), Executive Supplemental Compensation Agreement (Columbia Banking System, Inc.), Executive Supplemental Compensation Agreement (Columbia Banking System, Inc.)
Non-Waiver. Any failure on the part of a Party party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereof.
Appears in 10 contracts
Samples: License and Supply Agreement (Women First Healthcare Inc), Promotion Agreement (Questcor Pharmaceuticals Inc), Copromotion Agreement (Warner Chilcott PLC)
Non-Waiver. Any failure on the part of a any Party to enforce at any time or for any period of time any of the provisions of this Agreement or to require compliance with any of its terms at any time during the pendency of this Agreement shall in no way affect the validity of this Agreement, or any part hereof, and shall not be deemed or construed to be a waiver of such provisions or of any the right of such Party thereafter to enforce any and each and every such provision on any succeeding occasion or breach thereofprovision.
Appears in 10 contracts
Samples: License Agreement (Denali SPAC Holdco, Inc.), Early Termination Agreement, Resource Recovery Supply Agreement
Non-Waiver. Any The failure on the part of a Party any party, at any time, to enforce at any time or for any period of time any of the provisions a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions that provision, nor in any way affect the validity of this Agreement, any part hereof, or of any the right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofhereof.
Appears in 9 contracts
Samples: Standard Contract Terms and Conditions, Standard Contract Terms and Conditions, Standard Contract Terms and Conditions
Non-Waiver. Any The failure on the part of a Party party in any one or more instances to enforce at any time or for any period insist upon strict performance of time any of the provisions terms and conditions of this Agreement shall not be deemed or construed to be as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such provisions terms or of any right of such Party thereafter to enforce each and every such provision conditions on any succeeding occasion or breach thereoffuture occasion.
Appears in 9 contracts
Samples: License and Development Agreement (XTL Biopharmaceuticals LTD), Agreement (Ophidian Pharmaceuticals Inc), Agreement (Ophidian Pharmaceuticals Inc)
Non-Waiver. Any The failure on the part of a Party party to enforce any right under this Agreement at any particular point in time or for shall not constitute a continuing waiver of any period of time any of such right with respect to the provisions remaining term of this Agreement shall not be deemed Agreement, or construed to be a the waiver of such provisions or of any other right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofunder this Agreement.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Internet Initiative Japan Inc), Master Carrier Agreement (Easylink Services Corp), Master Carrier Agreement (Easylink Services Corp)
Non-Waiver. Any failure on the part of a Party to enforce at any time or for of a party to enforce any period of time any provision of the provisions of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions provision or of any prejudice the right of such Party thereafter the party to enforce each and every such provision on at any succeeding occasion subsequent time, including any technical requirements, specifications or breach thereofdrawings or a waiver of a default provision.
Appears in 8 contracts
Samples: Terms and Conditions, Commercial Contract, Terms and Conditions
Non-Waiver. Any The failure on the part of a Party by either party to enforce at any time or for any period of time any of the provisions of this Agreement hereof shall not be deemed or construed to be a waiver of such provisions or nor of any the right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofprovision.
Appears in 8 contracts
Samples: Purchase Agreement (Theragenics Corp), Purchase Agreement (Theragenics Corp), Purchase Agreement (Theragenics Corp)
Non-Waiver. Any The failure on the part of a by any Party to enforce at any time or for any period of time to enforce any of the terms, provisions or conditions of this Agreement or to exercise any right hereunder shall not be deemed or construed to be constitute a waiver of such provisions the same or affect the validity of this Agreement or any part hereof, or ALVOTECH’s and STADA’s right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofto exercise the same.
Appears in 7 contracts
Samples: Confidential Agreement (Alvotech Lux Holdings S.A.S.), Confidential Agreement (Alvotech Lux Holdings S.A.S.), Confidential Agreement (Alvotech Lux Holdings S.A.S.)
Non-Waiver. Any failure on Failure of either party to promptly enforce the part strict performance of a Party to enforce at any time or for any period of time any of the provisions term of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions or relinquishment of any party’s right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of such Party thereafter either party becomes entitled to enforce each and every such provision on any succeeding occasion or breach the benefit thereof, notwithstanding delay in enforcement.
Appears in 6 contracts
Samples: Agreement for Use of Grant Funds, Subrecipient Agreement, Memorandum of Agreement
Non-Waiver. Any The failure on the part of a either Party to enforce at any time or for any period of time any of the provisions of this Agreement Agreement, or to take action as a result of any breach of any provisions of this Agreement, shall not in no way be deemed or construed considered to be a waiver of such provisions or in any way to affect the validity of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofthis Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Chapeau Inc), Employment Agreement (Chapeau Inc), Employment Agreement (Chapeau Inc)
Non-Waiver. Any The failure on the part of a by either Party to enforce at any time to enforce any of the terms or for provisions or conditions of this Agreement or exercise any period right hereunder shall not constitute a waiver of time the same or affect that Party's rights thereafter to enforce or exercise the same. No waiver of any of the provisions of this Agreement shall not be deemed or construed binding unless executed in writing by the Party to be a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofbound by it.
Appears in 6 contracts
Samples: License Agreement (Aronex Pharmaceuticals Inc), Toremifene License and Supply Agreement (GTX Inc/Tn), License and Supply Agreement (La Jolla Pharmaceutical Co)
Non-Waiver. Any The failure on the part of a Party to enforce at or the delay in enforcement of any time or for any period of time any of the provisions provision of this Agreement by a party hereto or the failure of a party to exercise any right hereunder shall not in no way be deemed or construed to be a waiver of such provisions provision or right (or of any other provision or right hereof whether of a similar or dissimilar nature) unless such Party thereafter to enforce each and every party expressly waives such provision on any succeeding occasion or breach thereofright in writing.
Appears in 6 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Non-Waiver. Any The failure on the part of a Party to enforce either party at any time or for any period of time any of the provisions to enforce a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions the provision, nor in any way affect the validity of this Agreement, or of any part hereof, or the right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofhereof.
Appears in 6 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time or ---------- for any period of time any one or more of the provisions terms or conditions of this Agreement shall not be deemed or construed to be a waiver of such provisions term(s) or condition(s) or of any that party's right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofterm and condition of this Agreement.
Appears in 5 contracts
Samples: Employee Supplemental Compensation Benefits Agreement (Greater Bay Bancorp), Employee Supplemental Compensation Benefits Agreement (Greater Bay Bancorp), Employee Supplemental Compensation Benefits Agreement (Greater Bay Bancorp)
Non-Waiver. Any The failure on the part of a Party any party hereto to enforce at any time or for any period of time any of the provisions of this Agreement shall not be deemed or construed to be a waiver of any such provisions provisions, nor in any way affect the validity of this Agreement or any part hereof or the right of any right of such Party party thereafter to enforce each and every any such provisions. No waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach, whether of the same provision on any succeeding occasion or breach thereofotherwise.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Pediatric Services of America Inc), Asset Purchase Agreement (Pediatric Services of America Inc), Asset Purchase Agreement (Lincare Holdings Inc)
Non-Waiver. Any failure on the part at any time of a either Party to enforce at any time or for any period of time any of the provisions provision of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions provision or of any prejudice the right of such Party thereafter to enforce each and every such provision on at any succeeding occasion or breach thereofsubsequent time.
Appears in 4 contracts
Samples: Aircraft Purchase Agreement (PLBY Group, Inc.), Aircraft Purchase and Sale Agreement, Aircraft Purchase Agreement (Tempus Applied Solutions Holdings, Inc.)
Non-Waiver. Any The failure on the part of a either Party to enforce at or require timely compliance with any time term or for any period of time any of the provisions provision of this Agreement shall not be deemed or construed to be a waiver or relinquishment of rights or obligations arising hereunder, nor shall any such provisions or failure preclude the enforcement of any right term or provision or avoid the liability for any breach of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofthis Agreement.
Appears in 4 contracts
Samples: Severance Agreement, Severance and Release Agreement (Energy Future Holdings Corp /TX/), Severance Agreement (Energy Future Intermediate Holding CO LLC)
Non-Waiver. Any failure on the part Failure of a any Party to enforce at any time or for to require performance of any period of time any of the provisions provision of this Agreement shall not be deemed or construed limit the Party’s right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion breach of the provision or breach thereofa waiver of the provision itself or any other provisions.
Appears in 4 contracts
Samples: Water Sales Agreement, Water Sales Agreement, Intergovernmental Agreement
Non-Waiver. Any failure on the part of Failure or omission by a Party to enforce party at any time to enforce or for require strict or timely compliance with any period of time any of the provisions of this Agreement agreement shall not be deemed affect or construed impair that provision in any way or the rights of that party to be a waiver avail itself of such provisions or the remedies it may have in respect of any right breach of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofthat provision.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Home Security International Inc), Nz Asset Purchase Agreement (Home Security International Inc), Asset Purchase Agreement (Home Security International Inc)
Non-Waiver. Any The failure on the part of a Party any party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any the right of such Party party thereafter to enforce each and every any such provision on any succeeding occasion or breach thereofprovision.
Appears in 3 contracts
Samples: Music Publishing Agreement, Music Publishing Agreement, Music Publishing Agreement
Non-Waiver. Any The failure on the part of a Party either party to enforce enforce, at any time time, or for any period of time time, any of the provisions of this Agreement shall not be deemed or construed to be as a waiver of such provisions or of any the right of such Party thereafter party to enforce each and every such provision on any succeeding occasion or breach thereofof the Agreement in the future.
Appears in 3 contracts
Samples: Employment Agreement (Macrosolve Inc), Employment Agreement (Macrosolve Inc), Employment Agreement (Macrosolve Inc)
Non-Waiver. Any Other than as otherwise specified in this Agreement, neither the failure on the part of a Party party to enforce at any time or for any period of time any of the provisions of this Agreement nor the granting of any time or other indulgence shall not be deemed or construed to be as a waiver of such provisions that provision or of any the right of such Party that party thereafter to enforce each and every such provision on that or any succeeding occasion or breach thereofother provision.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Non-Waiver. Any The failure on the part of a Party to enforce either party at any time or for any period of time any of the provisions to enforce a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions the provision, nor in any way affect the validity of this Agreement or of any part hereof, or the right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofhereof.
Appears in 2 contracts
Samples: Management Agreement, Professional Services
Non-Waiver. Any The failure on the part of a Party either party, at any time, to enforce at any time or for any period of time any of the provisions provision of this Agreement Agreement, or to exercise any option provided, or to require performance of any provision, shall not in no way be deemed or construed to be a waiver of such provisions or limitation of any such provision, nor in any way to affect the validity of this Agreement, nor to affect that party’s right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofof this Agreement.
Appears in 2 contracts
Samples: Broker / Carrier Agreement, Broker / Carrier Agreement
Non-Waiver. Any The failure on the part of a Party to enforce either party at any time or for any period of time any of the provisions to enforce a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions the provisions, nor in any way affect the validity of this Agreement or any part of any this Agreement, or the right of such Party the party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofhereof.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services Agreement
Non-Waiver. Any Except as otherwise provided in these Terms and Conditions, any failure on the part of a Party to enforce at any time or for of either party to enforce any period of time any of the provisions provision of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions provision or of any prejudice the right of such Party thereafter party to enforce each and every such provision on at any succeeding occasion or breach thereofsubsequent time.
Appears in 2 contracts
Samples: Aircraft Purchase Agreement, Aircraft Purchase Agreement
Non-Waiver. Any The failure on the part of a Party to enforce at any time or for any period of time any of the provisions of this Agreement Agreement, or to require at any time the performance by any other Party of any of the provisions hereof, shall not in no way be deemed or construed to be a waiver of such provisions provisions, or in any way affect the validity of this Agreement or any part thereof, or the right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofat some later date.
Appears in 2 contracts
Samples: Conversion Agreement (Air Transport Services Group, Inc.), Conversion Agreement (Air Transport Services Group, Inc.)
Non-Waiver. Any failure on the part of a by any Party to enforce at any time or for any period of time any of the provisions provision of this Agreement shall not be deemed or construed to be considered as constituting a waiver of such provisions or of any that Party’s right of such Party thereafter to enforce each and every such thereafter the same provision on any succeeding occasion or breach thereofother provisions hereof whether or not of similar character.
Appears in 2 contracts
Samples: Investment Agreement (National Steel Co), Investment Agreement (National Steel Co)
Non-Waiver. Any failure on Failure by the part representatives of a Party to enforce at any time or for any period of time any of the provisions Parties to, at any time, enforce or require strict compliance with any terms or conditions of this Agreement shall not be deemed or construed to be constitute a waiver of, or affect, or impair such terms or conditions in any way; nor shall such failure affect the rights of the Parties to avail themselves at any time of such provisions or of remedies as they may have for any right breach of such Party thereafter to enforce each and every such provision on any succeeding occasion terms or breach thereofconditions against another Party.
Appears in 2 contracts
Samples: Animal Welfare and Enforcement Agreement, Animal Welfare and Enforcement Agreement
Non-Waiver. Any 13.1 Neither the failure on the part of a Party to enforce at any time or for any period of time any of the provisions of this Agreement AGREEMENT nor the granting at any time of any other indulgence shall not be deemed or construed to be a as waiver of such provisions any provision or of any the right of such that Party thereafter to enforce each and every such provision on that or any succeeding occasion or breach thereofother provision.
Appears in 2 contracts
Samples: Confidentiality Agreement, Confidentiality Agreement
Non-Waiver. Any failure on the part of a Party party to enforce at any time or for any period of time any of the provisions including, without limitation, the termination provision, of this Agreement shall not be deemed or construed to be a waiver of such provisions provision or any other provision of any right this Agreement or anyright of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofa party hereunder.
Appears in 2 contracts
Samples: Distribution Agreement (Cellstar Corp), Distribution Agreement (Cellstar Corp)
Non-Waiver. Any failure on the part of a Party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be deemed or construed construed, except if an express written waiver was authorized by such Party, to be a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereof.
Appears in 1 contract
Non-Waiver. Any The failure on the part of a any Party to enforce at any time or for any period of time any of the provisions of this Agreement Agreement, or the waiver thereof, shall not be deemed construed as a general waiver or construed to be a waiver relinquishment on its part of any such provisions provision, in any other instance or of any right of such Party thereafter to enforce each and every such other provision on in any succeeding occasion or breach thereofinstance.
Appears in 1 contract
Samples: Operation & Maintenance Service Agreement (Energea Portfolio 2 LLC)
Non-Waiver. Any 19.1. Other than as otherwise specified in this Agreement, neither the failure on the part of a Party party to enforce at any time or for any period of time any of the provisions of this Agreement nor the granting of any time or other indulgence shall not be deemed or construed to be as a waiver of such provisions that provision or of any the right of such Party that party thereafter to enforce each and every such provision on that or any succeeding occasion or breach thereofother provision.
Appears in 1 contract
Samples: General Terms and Conditions
Non-Waiver. Any failure on the part of a Party party to enforce at any time or for any period of time time, any of the provisions of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofprovision.
Appears in 1 contract
Samples: Copromotion Agreement (Horizon Medical Products Inc)
Non-Waiver. Any The failure on the part of a Party any party, at any time, to enforce at any time or for any period of time any of the provisions a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions that provision, nor in any way affect the validity of this Agreement, any part hereof, or of any the right of such Party party thereafter to enforce en force each and every such provision on any succeeding occasion or breach thereofhereof.
Appears in 1 contract
Non-Waiver. Any The failure on the part of a either Party to strictly enforce at any time or for any period of time any of the provisions terms or conditions of this Agreement shall not be deemed or construed to be considered as a waiver of such provisions or of any right hereunder nor shall it deprive that Party of the right at some other time to insist upon strict adherence to that term or condition or to any other terms or conditions. Any waiver by a Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time, and shall be signed by an authorized representative of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofParty.
Appears in 1 contract
Non-Waiver. Any failure on the part Failure of a either Party to promptly enforce at the strict performance of any time or for any period of time any of the provisions term of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions or relinquishment of any Party’s right of to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time a Party thereafter becomes entitled to enforce each and every such provision on any succeeding occasion or breach the benefit thereof, notwithstanding delay in enforcement.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Non-Waiver. Any failure Failure on the part of a Party party in any one or more instances to enforce at any time of its rights which arise in connection with this Agreement, or for any period to insist upon the strict performance of time any of the provisions terms, conditions or covenants of this Agreement, shall not be construed as a waiver or relinquishment for the future of any such rights, terms, conditions or covenants. No waiver of any condition of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofvalid unless it is in writing.
Appears in 1 contract
Non-Waiver. Any The failure on the part of a Party any party, at any time, to enforce at any time or for any period of time any of the provisions a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions that provision, nor in any way affect the validity of the Agreement, any part the Agreement, or of any the right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofthe Agreement.
Appears in 1 contract
Samples: General Terms and Conditions
Non-Waiver. Any A failure on or delay by either one of the part of a Party to enforce Parties at any time or for any period of time to enforce any of the provisions of this Agreement shall not be deemed or construed to be as a waiver by such Party of such provisions or in any way affect the validity of this Agreement or any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach part thereof.
Appears in 1 contract
Samples: Exhibitor Agreement
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time time, or for any ----------- period of time any of time, the provisions of this Agreement Agreement, shall not be deemed or construed to be as a waiver of such provisions or of any the right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofprovision.
Appears in 1 contract
Samples: Resale and License Agreement (Terayon Communication Systems)
Non-Waiver. Any failure on Failure of any party to promptly enforce the part strict performance of a Party to enforce at any time or for any period of time any of the provisions term of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions or relinquishment of any party’s right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of such Party thereafter either party becomes entitled to enforce each and every such provision on any succeeding occasion or breach the benefit thereof, notwithstanding delay in enforcement.
Appears in 1 contract
Samples: Construction Agreement
Non-Waiver. Any The failure on the part of a Party any party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be deemed or construed to be constitute a waiver of any such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofprovisions.
Appears in 1 contract
Samples: Settlement Agreement
Non-Waiver. Any failure on the part of a Party by either party to enforce at any time term or for any period condition of time any of the provisions of ---------- this Agreement shall not be deemed or construed to be constitute a waiver by such party of such provisions the particular term or of any condition. Such a failure to enforce a term or condition shall not affect or impair the right of such Party thereafter party to enforce each and every such provision on the particular term or condition at any succeeding occasion or breach thereofother time.
Appears in 1 contract
Samples: Administrative Services Agreement (Pacific Corporate Group Private Equity Fund)
Non-Waiver. Any The failure on the part of a either Party to enforce at any time or for any period of time any of the provisions to enforce a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions the provision, nor in any way affect the validity of this Agreement or of any part hereof, or the right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofhereof.
Appears in 1 contract
Samples: Pool Management Agreement
Non-Waiver. Any Neither the failure on the part of a any Party to enforce at any time or for any period of time any of the provisions of this Agreement nor the granting of any time or other indulgence shall not be deemed or construed to be as a waiver of such provisions that provision or of any the right of such that Party thereafter to enforce each and every such provision on that or any succeeding occasion or breach thereofother provision.
Appears in 1 contract
Samples: Funding Agreement
Non-Waiver. Any failure Failure on the part of a Party any party in any one or more instances to enforce at any time or for any period of time any of its rights which arise in connection with this Agreement or to insist upon the provisions strict performance of any of its terms, conditions, or covenants of this Agreement shall not be deemed or construed to be as a waiver of such provisions or a relinquishment for the future of any right such rights, terms, conditions, or covenants. No waiver of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofcondition of this Agreement shall be valid unless it is in writing.
Appears in 1 contract
Samples: Stock Ownership Agreement (Bindview Development Corp)
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time or for any period of time any of the provisions or terms of this Agreement shall not be deemed or construed to be a waiver of such provisions provision or term, nor of any the right of either party to later enforce such Party thereafter to enforce each and every such provision on any succeeding occasion term or breach thereofprovision.
Appears in 1 contract
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time or for any period of time any of the provisions of this Agreement shall not or any rights in respect thereto shall, in no way, be deemed or construed considered to be a waiver of such provisions provision or rights, or in any way to affect the validity of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofthe Agreement.
Appears in 1 contract
Non-Waiver. Any The failure on the part of a Party to enforce at any time or for any period of time exercise any of the provisions of this Agreement agreements, terms or conditions hereof shall not be deemed or construed to be a waiver of such provisions any right or remedy that a Party may have, and shall not be deemed a waiver of any right subsequent breach or default of any such Party thereafter to enforce each and every such provision on any succeeding occasion agreements, terms or breach thereofconditions.
Appears in 1 contract
Samples: Memorandum of Agreement
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time or for any period of time any one or more of the provisions terms or conditions of this Agreement shall not be deemed or construed to be a waiver of such provisions terms(s) or condition(s) or of any that party's right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofterm and condition of this Agreement.
Appears in 1 contract
Samples: Director Supplemental Compensation Benefits Agreement (Vib Corp)
Non-Waiver. Any The failure on the part of a Party to enforce either party at any time or for any period of time any of the provisions to enforce a provision of this Agreement shall not be deemed or construed to be in no way constitute a waiver of such provisions the provision, nor in any way affect the validity of this Agreement, or of any part hereof, or the right of such Party party thereafter to enforce each and every such provision on any succeeding occasion or breach thereof.hereof.
Appears in 1 contract
Samples: Grant Agreement
Non-Waiver. Any The failure on the part of a any Party to enforce at any time or for any period of time any of the provisions of this Agreement shall will not be deemed or construed to be a waiver of such those provisions or of any the right of such that Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofhereof.
Appears in 1 contract
Non-Waiver. Any failure on the part of a any Party to enforce at any time or for any period of time any of the provisions of this Agreement or any decision or failure to require compliance with any of its terms at any time during the pendency of this Agreement shall in no way affect the validity of this Agreement, or any part hereof, and shall not be deemed or construed to be a waiver of such provisions or of any the right of such Party thereafter to enforce any and each and every such provision on any succeeding occasion or breach thereofprovision.
Appears in 1 contract
Samples: Master Solar Module Sales Agreement (Solar Power, Inc.)
Non-Waiver. Any The failure on the part of a Party to strictly enforce at any time or for any period of time any of the provisions terms or conditions of this Agreement shall not be deemed or construed to be considered as a waiver of such provisions or of any right hereunder nor shall it deprive that Party of such Party thereafter the right at some other time to enforce each and every such provision on insist upon strict adherence to that term or condition or to any succeeding occasion other terms or breach thereofconditions.
Appears in 1 contract
Samples: Exclusive License Agreement (Flamel Technologies Sa)
Non-Waiver. Any The failure on the part of a Party party hereto to enforce at any time or for any period of time any of the provisions of this Agreement or to exercise any option herein provided or to require at any time performance by a party of any of the provisions hereof, shall not in no way be deemed or construed to be a waiver of such provisions provisions, nor in any way affect the validity of this Agreement or of any part thereof, or the right of such Party Praetorian to thereafter to enforce each and every such provision on any succeeding occasion or breach thereofprovision.
Appears in 1 contract
Samples: Independent Contractor Agreement (Advanced Precision Technology Inc)
Non-Waiver. Any The failure on the part of a by either Party to enforce at any time or for any period of time any one or more of the provisions terms or conditions of this Agreement shall not be deemed or construed to be a waiver of such provisions them or of the right at any right of such Party thereafter time subsequently to enforce each all terms and every such provision on any succeeding occasion or breach thereofconditions of this Agreement.
Appears in 1 contract
Samples: Independent Contractor Agreement
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time or for any period of time any one or more of the provisions terms or conditions of this Agreement shall not be deemed or construed to be a waiver of such provisions term(s) or condition(s) or of any that party’s right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofterm and condition of this Agreement.
Appears in 1 contract
Samples: Executive Supplemental Compensation Agreement (Five Star Bancorp)
Non-Waiver. Any The failure on the part of a Party to insist upon or enforce at strict performance by the other Parties of any time provision of this Agreement or for to exercise any period of time any of the provisions of right under this Agreement shall not be deemed or construed to be as a waiver to any extent of such provisions Party's right to assert or of rely upon any right of such Party thereafter to enforce each and every such provision on or right in that or any succeeding occasion or breach thereof.other instance.
Appears in 1 contract
Non-Waiver. Any failure on the part of a Party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereof.. 27
Appears in 1 contract
Samples: License, Distribution, Manufacturing and Supply Agreement (Fresenius Medical Care AG & Co. KGaA)
Non-Waiver. Any failure on the part of a either Party to enforce enforce, at any time or for any period of time time, any of the provisions of under this Agreement shall not be deemed or construed to be as a waiver of the right of that Party to enforce such provisions or of any right of such Party thereafter to enforce each unless said waiver is in writing, and every such provision on any succeeding occasion or breach thereofsigned by an authorized by both Parties.
Appears in 1 contract
Samples: Consulting Agreement
Non-Waiver. Any The failure on the part of a Party either party to enforce at any time provision or for any period of time any of the provisions of this Agreement shall not be deemed or in any way construed to be as a waiver of such provisions any provision or of any right of such Party thereafter to enforce provisions, nor shall it prevent said party from subsequently enforcing each and every such other provision on any succeeding occasion or breach thereofof this Agreement.
Appears in 1 contract
Samples: Employment Agreement
Non-Waiver. Any failure on the part of a Party to enforce at any time time, or for any period of time time, any of the provisions of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereof.
Appears in 1 contract
Samples: License, Promotion, Distribution and Supply Agreement (Dusa Pharmaceuticals Inc)
Non-Waiver. Any The failure on the part of a Party either PARTY to enforce at any time or for any period of time any of the provisions of this Agreement AGREEMENT or any rights in respect thereto shall not in no way be deemed or construed considered to be a waiver of such provisions or rights, or in any way to affect the validity of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or breach thereofthis AGREEMENT.
Appears in 1 contract
Non-Waiver. Any failure on the part of a Party to enforce at any time or for of either party to enforce any period of time any of the provisions ---------- provision of this Agreement shall not be deemed or construed to be constitute a waiver of such provisions provision or of any prejudice the right of such Party thereafter party to enforce each and every such provision on at any succeeding occasion or breach thereofsubsequent time.
Appears in 1 contract
Samples: Aircraft Purchase Agreement (Apogent Technologies Inc)
Non-Waiver. Any The failure on the part of a Party any party to enforce at any time or for any period of time any ---------- of the provisions of this Agreement shall not be deemed or construed to be a waiver of such provisions or of any the right of such Party party thereafter to enforce each and every any such provision on any succeeding occasion or breach thereofprovision.
Appears in 1 contract