Common use of Non-Waiver Clause in Contracts

Non-Waiver. Failure of either party to enforce any provision of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further 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.)

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Non-Waiver. Failure Any failure at any time of either party to enforce any provision of this Agreement shall not operate or be construed as constitute a waiver of any such provision or provisions, nor prevent prejudice the right of such party from thereafter enforcing to enforce such provision at any of its rights with respect to other or further violations of the Agreementsubsequent time.

Appears in 18 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. Failure The failure of either party to enforce insist upon strict adherence to any provision provisions of this Agreement on any occasion shall not operate or be construed considered as a waiver of any such right thereafter to insist upon strict adherence to that provision or provisions, nor prevent such party from thereafter enforcing any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 12 contracts

Samples: Consultancy Agreement (Green Solutions China, Inc.), Consultancy Agreement (Green Solutions China, Inc.), Consultancy Agreement (Green Solutions China, Inc.)

Non-Waiver. Failure Any failure of either party any Party to enforce any provision 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 operate or be construed as deemed a waiver of the right of such Party thereafter to enforce any and each such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 10 contracts

Samples: License Agreement (Denali SPAC Holdco, Inc.), Early Termination Agreement, Supply Agreement

Non-Waiver. Failure The failure of either party hereto at any time to enforce any provision of this Agreement shall not operate or be construed as a waiver of any such that provision or provisions, nor prevent such and shall not effect the right of either party from thereafter enforcing any to enforce each and every provision of this Agreement in accordance with its rights with respect to other or further violations of the Agreementterms.

Appears in 9 contracts

Samples: Professional and Administrative Services Agreement, Transfer Assumption Reinsurance Agreement (Riscorp Inc), Loss Portfolio Transfer Agreement (Riscorp Inc)

Non-Waiver. Failure The failure of either party any party, at any time, to enforce any a provision of this Agreement shall not operate or be construed as in no way constitute a waiver of any such provision or provisionsthat provision, nor prevent in any way affect the validity of this Agreement, any part hereof, or the right of such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementenforce each and every provision hereof.

Appears in 8 contracts

Samples: State University Standard Contract Terms and Conditions, State University Standard Contract Terms and Conditions, www.lcsc.edu

Non-Waiver. Failure of either party to enforce any provision of the provisions of this Agreement or any rights with respect thereto shall not operate or in no way be construed as considered to be a waiver of such provisions or rights, or in any such provision or provisions, nor prevent such party from thereafter enforcing any way affect the validity of its rights with respect to other or further violations of the this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Bancorp 34, Inc.), Employment Agreement (Bancorp 34, Inc.), Change in Control Agreement (Bancorp 34, Inc.)

Non-Waiver. Failure The failure or refusal of either party to enforce all or any provision part of, or the waiver by either party of any breach of this Agreement shall not operate or be construed as a waiver of any such provision that party's continuing or provisionssubsequent rights under this Agreement, nor prevent shall such party from thereafter enforcing failure or refusal or waiver have any effect upon the subsequent enforceability of its rights with respect to other or further violations of the this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Old National Bancorp /In/), Employment Agreement (Old National Bancorp /In/), Employment Agreement (Old National Bancorp /In/)

Non-Waiver. Failure The failure of either party to enforce any provision of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing exercise any of its rights with respect under this contract shall not constitute or be deemed to be a waiver or loss of such rights or other or further violations of rights by the Agreementparty.

Appears in 6 contracts

Samples: Cooperation Agreement (Haoxi Health Technology LTD), Cooperation Agreement (Haoxi Health Technology LTD), Cooperation Agreement (Haoxi Health Technology LTD)

Non-Waiver. Failure of either party to enforce any provision of this Agreement shall not operate constitute or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementright to enforce such provision.

Appears in 6 contracts

Samples: Employment Agreement (Asv Inc /Mn/), Employment Agreement (Asv Inc /Mn/), Supplemental Executive Retirement Pay (Unitedhealth Group Inc)

Non-Waiver. Failure The failure of either party Party to enforce at any provision 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 operate or in no way be construed as considered to be a waiver of such provisions or in any such provision or provisions, nor prevent such party from thereafter enforcing any way to affect the validity of its rights with respect to other or further violations of the this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Chapeau Inc), Employment Agreement (Chapeau Inc), Employment Agreement (Chapeau Inc)

Non-Waiver. Failure The failure of either party at any time to enforce any a provision of this Agreement shall not operate or be construed as in no way constitute a waiver of any such provision or provisionsthe provision, nor prevent in any way affect the validity of this Agreement, or any part hereof, or the right of such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementenforce each and every provision hereof.

Appears in 6 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Non-Waiver. Failure of either by any party to enforce any provision seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not operate or be construed as a waiver of to such enforcement with regard to any such provision instance or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 6 contracts

Samples: Settlement Agreement, Voluntary Resolution Agreement, Settlement Agreement

Non-Waiver. Failure of either party to enforce any provision of this Agreement shall is not operate or be construed as a waiver of any such that provision or provisions, nor prevent such party from thereafter enforcing of either party's right to enforce that provision or any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 6 contracts

Samples: Service Storage Rental Agreement, Service Storage Rental Agreement, Service Storage Rental Agreement

Non-Waiver. Failure The failure of either any party hereto to enforce at any provision time any of the provisions of this Agreement shall not operate or be construed as to be a waiver of any such provision or provisions, nor prevent in any way affect the validity of this Agreement or any part hereof or the right of any party thereafter to enforce any such party from thereafter enforcing provisions. No waiver of any breach of its rights with respect to this Agreement shall be deemed a waiver of any other or further violations subsequent breach, whether of the Agreementsame provision or otherwise.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Pediatric Services of America Inc), Asset Purchase Agreement (Pediatric Services of America Inc), Asset Purchase Agreement (Healthcor Holdings Inc)

Non-Waiver. Failure The failure of either party Party to enforce or require timely compliance with any term or provision of this Agreement shall not operate or be construed as deemed to be a waiver or relinquishment of rights or obligations arising hereunder, nor shall any such failure preclude the enforcement of any such term or provision or provisions, nor prevent such party from thereafter enforcing avoid the liability for any breach of its rights with respect to other or further violations of the this Agreement.

Appears in 4 contracts

Samples: Severance and Release Agreement, Severance and Release Agreement (Energy Future Holdings Corp /TX/), Severance and Release Agreement (Energy Future Intermediate Holding CO LLC)

Non-Waiver. Failure of either any party to enforce any provision of this Agreement shall not operate constitute or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementright to enforce such provision.

Appears in 4 contracts

Samples: Line Software Subscriber Agreement, Chisago County Remote Access Agreement, Line Software Subscriber Agreement

Non-Waiver. Failure of Any failure by either party Party to enforce performance of any provision of this Agreement shall will not operate or be construed as constitute a waiver of any its right to subsequently enforce such provision or provisions, nor prevent such party from thereafter enforcing any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 4 contracts

Samples: Confidentiality and Nondisclosure Agreement, Confidentiality and Nondisclosure Agreement, Confidentiality and Non‐disclosure Agreement

Non-Waiver. Failure of either by any party to enforce any provision seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not operate or be construed as a waiver of any to such provision enforcement with regard to other instances or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Voluntary Resolution Agreement

Non-Waiver. Failure of either party to enforce any provision of this Agreement shall not operate constitute or be construed as a waiver neither of any such provision nor of the right to enforce such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementterms herein.

Appears in 3 contracts

Samples: Re Consulting Agreement (Adva International Inc), Consulting Agreement (Adva International Inc), Consulting Agreement (Adva International Inc)

Non-Waiver. Failure The failure of either any party to enforce at any provision time any of the provisions of this Agreement shall not operate or be construed as to be a waiver of the right of such party thereafter to enforce any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 3 contracts

Samples: Music Publishing Agreement, Music Publishing Agreement, Music Publishing Agreement

Non-Waiver. Failure The failure of either party to enforce at any time any provision or provisions of this Agreement shall in no way be considered to be a waiver of such provision or provisions, nor shall such failure affect the validity of this Agreement in any way. The failure of either party to exercise any such provision or provisions shall not operate or be construed as a waiver of any continuing or succeeding breach of such provision or provisionsprovision, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations a waiver of the provision itself, or a waiver of any other right under this Agreement.

Appears in 3 contracts

Samples: Sales Representative Employment Agreement (Homeland Integrated Security Systems, Inc.), Exclusive Sales Representative Agreement (Opticon Systems), International Distributor Agreement (Ricex Co)

Non-Waiver. Failure of 13.1 The failure by either party to enforce any provision provisions of this the Agreement or to exercise any right in respect thereto shall not operate or be construed as constituting a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementthereof.

Appears in 3 contracts

Samples: local.bufab.com, www.bufab.com, www.bufab.com

Non-Waiver. Failure of Any failure by either party to enforce any provision of this Agreement shall not operate or be construed as constitute a waiver thereof or of any such other provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.

Appears in 3 contracts

Samples: Master Excess Fiber Lease Agreement, Master Excess Fiber Lease Agreement, Master Dark Fiber Agreement

Non-Waiver. Failure The failure of either party any Party at any time to enforce any provision of this Agreement shall not operate or be construed as a waiver of that provision and shall not affect the right of any such Party thereafter to enforce each and every provision or provisions, nor prevent such party from thereafter enforcing any of this Agreement in accordance with its rights with respect to other or further violations of the Agreementterms.

Appears in 3 contracts

Samples: Joint Venture Agreement (United Wisconsin Services Inc), Joint Venture Agreement (United Wisconsin Services Inc), Joint Venture Agreement (Newco Uws Inc)

Non-Waiver. Failure The failure or refusal of either party to enforce all or any provision part of, or the waiver by either party of any breach of this Agreement Agreement, shall not operate or be construed as a waiver of any such provision that party's continuing or provisionssubsequent rights under this Agreement, nor prevent shall such party from thereafter enforcing failure or refusal or waiver have any effect upon the subsequent enforceability of its rights with respect to other or further violations of the this Agreement.

Appears in 3 contracts

Samples: Severance Agreement (Fidelity Federal Bancorp), Severance Agreement (Fidelity Federal Bancorp), Severance Agreement (Fidelity Federal Bancorp)

Non-Waiver. Failure of by either party to enforce at any provision time any of the provisions of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations hereunder. Any waiver of a breach of any provision hereof shall not affect either party's rights in the Agreementevent of any additional breach.

Appears in 3 contracts

Samples: Agreement (Molecular Insight Pharmaceuticals, Inc.), Agreement (Coulter Pharmaceuticals Inc), Agreement (Coulter Pharmaceuticals Inc)

Non-Waiver. Failure The failure of either party to enforce any provision of this Agreement shall not operate or be construed as constitute a waiver of that or any such other provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the this Agreement.

Appears in 2 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement

Non-Waiver. Failure of either party Either Party's failure to enforce any provision of this the provisions of the Agreement or any Order, or to exercise any option, shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other rights, or further violations options, or affect the validity of the AgreementAgreement or anyOrder.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Non-Waiver. Failure The failure of either party at any time to enforce any a provision of this Agreement shall not operate or be construed as in no way constitute a waiver of any such provision or the provisions, nor prevent such party from thereafter enforcing in any way affect the validity of its rights with respect to other this Agreement or further violations any part of this Agreement, or the right of the Agreementparty thereafter to enforce each and every provision hereof.

Appears in 2 contracts

Samples: www.skagway.org, www.skagway.org

Non-Waiver. 8.1 Failure of either party to enforce any provision of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.

Appears in 2 contracts

Samples: Management Services Agreement (Hoop Street Center I Corp), Management Services Agreement (Hoop Street Center I Corp)

Non-Waiver. Failure of either party Any failure by any Party to enforce any provision of this Agreement shall not operate or be construed considered as constituting a waiver of any such that Party’s right to enforce thereafter the same provision or provisions, nor prevent such party from thereafter enforcing any other provisions hereof whether or not of its rights with respect to other or further violations of the Agreementsimilar character.

Appears in 2 contracts

Samples: Investment Agreement (National Steel Co), Investment Agreement (National Steel Co)

Non-Waiver. Failure of either party by any Party to enforce any provision seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not operate or be construed as a waiver of any to such provision enforcement with regard to other instances or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Non-Waiver. Failure of by either party to enforce any provision of right or obligation with respect to any matter arising in connection with this Agreement shall not operate or be construed as constitute a waiver of as to that matter or any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementmatter.

Appears in 2 contracts

Samples: Operating Agreement, www.pge.com

Non-Waiver. Failure of either any party to enforce any provision provisions of this Agreement shall not operate constitute or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementright to enforce such provision.

Appears in 2 contracts

Samples: cms2.revize.com, cms2.revize.com

Non-Waiver. Failure The failure of either party Party to enforce any right or provision of in this Agreement shall not operate or be construed as constitute a waiver of any such right or provision or provisions, nor prevent unless acknowledged and agreed to by such party from thereafter enforcing any of its rights with respect to other or further violations of the AgreementParty in writing.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Non-Waiver. Failure of by either party to enforce any a provision of this Agreement shall not operate or be construed as constitute a waiver of that or any such other provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.

Appears in 2 contracts

Samples: Third Party Guest Reservation Agreement, Third Party Guest Reservation Agreement

Non-Waiver. Failure of either party to this Agreement to enforce any provision of this Agreement right shall not operate or be construed as constitute a waiver of such right or any such provision other right, whether of a similar or provisionsdissimilar nature, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations and shall not prohibit the exercise of the Agreementsame right at a future date.

Appears in 2 contracts

Samples: Confidential Treatment (U S Wireless Data Inc), Service and Equipment Agreement (U S Wireless Data Inc)

Non-Waiver. Failure of Any failure by either party to enforce the other party’s strict performance of any provision of this Agreement shall will not operate or be construed as constitute a waiver of any its right to subsequently enforce such provision or provisions, nor prevent such party from thereafter enforcing any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 2 contracts

Samples: Agreement, Agreement

Non-Waiver. Failure of Any failure by either party Party to enforce the other Party’s strict performance of any provision of this Agreement shall not operate or be construed as constitute a waiver of any the right to subsequently enforce such provision or provisions, nor prevent such party from thereafter enforcing any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 2 contracts

Samples: Non Disclosure and Confidentiality Agreement (Versar Inc), Non Disclosure and Confidentiality Agreement (Kingswood Genesis Fund I, LLC)

Non-Waiver. Failure Except as otherwise provided in these Terms and Conditions, any failure at any time of either party to enforce any provision of this Agreement shall not operate or be construed as constitute a waiver of any such provision or provisions, nor prevent prejudice the right of such party from thereafter enforcing to enforce such provision at any of its rights with respect to other or further violations of the Agreementsubsequent time.

Appears in 2 contracts

Samples: Aircraft Purchase Agreement Terms and Conditions, Aircraft Purchase Agreement Terms and Conditions

Non-Waiver. Failure The failure of either a party to enforce any provision the provisions of this Agreement or the rights granted hereunder on any occasion shall not operate or be construed as a waiver of any such provision provisions or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementfor future occasions.

Appears in 2 contracts

Samples: Subscription Agreement (Blackpoll Fleet International, Inc.), Subscription Agreement (Silver Dragon Resources Inc.)

Non-Waiver. Failure The failure of either party at any time to enforce any a provision of this Agreement shall not operate or be construed as in no way constitute a waiver of any such provision or provisionsthe provision, nor prevent in any way affect the validity of this Agreement or any part hereof, or the right of such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementenforce each and every provision hereof.

Appears in 2 contracts

Samples: Venuworks Management Agreement, Management Services

Non-Waiver. Failure The failure of either party to enforce any provision of in this Agreement agreement shall not operate or be construed as a waiver or limitation of any such that party’s right to subsequently enforce and compel strict compliance with every provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementthis agreement.

Appears in 2 contracts

Samples: International Adoption Services Agreement, International Adoption Services Agreement

Non-Waiver. Failure The failure of either a party to exercise any right under this Agreement shall not be deemed a waiver of the right of that party to enforce that provision or any other provision of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of in the Agreementfuture.

Appears in 1 contract

Samples: Agreement for Purchase of Assets (Costas Inc)

Non-Waiver. Failure The failure of either party to enforce any provision of this Agreement shall not operate or be construed as a waiver or limitation of any such that party's right to subsequently enforce and compel strict compliance with every provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Agreement for Professional Services

Non-Waiver. Failure The failure of either party Party at any time to enforce any a provision of this Agreement shall not operate or be construed as in no way constitute a waiver of any such provision or provisionsthe provision, nor prevent in any way affect the validity of this Agreement or any part hereof, or the right of such party from Party thereafter enforcing any of its rights with respect to other or further violations of the Agreementenforce each provision hereof.

Appears in 1 contract

Samples: Pool Management Agreement

Non-Waiver. Failure of either party Any party’s failure to exercise or enforce any right or provision of this Agreement shall not operate or be construed as a waiver of any such provision right or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 1 contract

Samples: License Agreement

Non-Waiver. Failure The failure of either party to enforce at any time any provision of this Agreement shall not operate or be construed as constitute a waiver of any such provision thereof, or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementright to thereafter enforce such provision, or to claim damages or to terminate this Agreement for any subsequent or continuing default of such or any other provision.

Appears in 1 contract

Samples: Distributorship Agreement Ii

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Non-Waiver. Failure of either party by any Party to enforce any provision seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not operate or be construed as a waiver of any to such provision enforcement with regard to ot her instances or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Non-Waiver. Failure The failure of either party to enforce at any provision time any of the provisions or terms of this Agreement shall not operate or be construed as to be a waiver of any such provision or provisionsterm, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementright of either party to later enforce such term or provision.

Appears in 1 contract

Samples: Employment Agreement (BioLife4D Corp)

Non-Waiver. Failure The failure of either party to enforce any provision one or more provisions of this Agreement with respect to any particular breach shall not operate be deemed or be construed as to constitute a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any other breach of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: clarinda.iowaschoolfinance.com

Non-Waiver. Failure The failure of either party Party to enforce terminate this Agreement or exercise any provision of its other rights under this Agreement, even after breach of this Agreement by the other Party or after such other Party's failure to comply with any provision hereof, shall not operate or be construed as deemed a waiver of rights of termination or any such provision other rights, with regard to either the event or provisionsincident in question or any future event or incident, nor prevent such party from thereafter enforcing any of its rights with respect to other whether similar or further violations of the Agreementdissimilar.

Appears in 1 contract

Samples: CNS Distributor Agreement (CNS Inc /De/)

Non-Waiver. Failure The failure of either party Party to enforce or require timely compliance with any term or provision of this Agreement shall not operate or be construed as deemed to be a waiver or relinquishment of rights or obligations arising hereunder, nor shall any such failure preclude the enforcement of any such term or provision or provisions, nor prevent such party from thereafter enforcing avoid the liability for any breach of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Severance and Release Agreement (Energy Future Holdings Corp /TX/)

Non-Waiver. Failure of either party to enforce any provision of this Agreement shall not operate constitute or be construed as a waiver neither of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementright to enforce such provision.

Appears in 1 contract

Samples: Adva International Inc

Non-Waiver. Failure The failure of either party to enforce strict compliance with this Agreement, in whole or in part, or to exercise any provision of this Agreement shall right does not operate or be construed as constitute a waiver of any such provision other rights and will not be held to constitute a course of conduct or provisions, nor prevent such party from thereafter enforcing waiver of a subsequent breach of that or any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 1 contract

Samples: Arag Attorney Agreement

Non-Waiver. Failure of either party to enforce assert any provision of its rights on any one occasion under this Agreement shall not operate or in no way be construed as a waiver of such rights on any such provision other occasion nor shall a waiver of any right of either party constitute or provisions, nor prevent such party from thereafter enforcing be deemed a waiver of any of its rights with respect to other or further violations of the Agreementright.

Appears in 1 contract

Samples: Kronos Incorporated Agreement (Kronos Inc)

Non-Waiver. Failure The failure by any Party to insist on the strict observance of either party to enforce any provision of its rights under this Agreement shall not operate or be construed as deemed a waiver of any such provision or provisionsrights, nor prevent such party from thereafter enforcing any which shall be determined in accordance with the express provisions of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Data Sharing Agreement

Non-Waiver. Failure of The failure by either party to enforce any provision of this Agreement shall not operate or be construed as deemed a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect either party's right to other or further violations enforce each and every provision of the this Agreement.

Appears in 1 contract

Samples: Management Agreement (Acme Intermediate Holdings LLC)

Non-Waiver. Failure of either party The failure to enforce any provision of the provisions of this Agreement shall not operate or be construed as a waiver of such provisions by any party without express written notice of such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementwaiver executed by that party’s authorized representative.

Appears in 1 contract

Samples: catalog.ahu.edu

Non-Waiver. Failure The failure of either party Party to strictly enforce any provision of the terms or conditions of this Agreement shall not operate or be construed considered as a waiver of any such provision or provisions, right hereunder nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations shall it deprive that Party of the Agreementright at some other time to insist upon strict adherence to that term or condition or to any other terms or conditions.

Appears in 1 contract

Samples: Supply Agreement (Questcor Pharmaceuticals Inc)

Non-Waiver. Failure The failure of either party to enforce any provision or provisions of this Agreement shall not operate or be in any way construed as a waiver of any such provision or provisions, nor shall it prevent such said party from thereafter subsequently enforcing any each and every other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Employment Agreement

Non-Waiver. Failure of either party to enforce exercise any provision of its rights under this Agreement in a particular instance shall not operate or be construed as a waiver of those rights or any such provision or provisions, nor prevent such party from thereafter enforcing other rights under this Agreement for any of its rights with respect to other or further violations of the Agreementpurpose.

Appears in 1 contract

Samples: Non Disclosure Agreement

Non-Waiver. Failure of either party Any Partys’ failure to enforce any provision this Agreement in the event of one or more events that violate this Agreement shall not operate or be construed as constitute a waiver of any such provision right to enforce this Agreement or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementagainst subsequent violations.

Appears in 1 contract

Samples: Settlement Agreement and Release of Claims

Non-Waiver. Failure The failure of either party to assert any of its rights under this Agreement, including but not limited to, the right to terminate this Agreement in the event of breach or default by the other party, will not be deemed to constitute a waiver by that party of its right to enforce any each and every provision of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of in accordance with its rights with respect to other or further violations of the Agreementterms.

Appears in 1 contract

Samples: Reseller Agreement

Non-Waiver. Failure of either party to enforce any provision of this Agreement shall not operate constitute or be construed as a waiver of any such provision nor of the right to enforce such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementterms herein.

Appears in 1 contract

Samples: Consulting Agreement (Adva International Inc)

Non-Waiver. Failure The failure of either any party to exercise or enforce any provision of its rights under this Agreement shall not operate or be construed as a waiver of that right and shall not affect any other right of that party under this Agreement. The waiver of any specific right under this Agreement by a party shall not be a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementrights.

Appears in 1 contract

Samples: Development and Supply Agreement (Albany Molecular Research Inc)

Non-Waiver. Failure of either The failure by any party to enforce any provision of this Agreement shall not operate or be construed as constitute a waiver or affect its right to require the performance thereof by the other party hereto or affect the validity of any such other provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementhereof.

Appears in 1 contract

Samples: FCB Stockholders Agreement (Publicis S A)

Non-Waiver. Failure In the event any party hereto violates or attempts to violate any of either the provisions of this Agreement, the failure of the other party to enforce any provision of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights or remedies with respect thereto shall not constitute a waiver by that party of any right or remedy with respect to other the same violation or further any future violations of any of the provisions of this Agreement. 14.

Appears in 1 contract

Samples: Termination and Release Agreement (Mortons Restaurant Group Inc)

Non-Waiver. Failure The failure of either any party to enforce at any provision time any ---------- of the provisions of this Agreement shall not operate or be construed as to be a waiver of the right of such party thereafter to enforce any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 1 contract

Samples: Transition Agreement (Exodus Communications Inc)

Non-Waiver. Failure Any failure of either party any Party to enforce any provision 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 operate or be construed as a deemed waiver of the right of such Party thereafter to enforce any and each such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 1 contract

Samples: Purchase Money Security Agreement (Solar Power, Inc.)

Non-Waiver. Failure of either party to this Agreement to enforce any provision of this Agreement ---------- right shall not operate or be construed as constitute a waiver of such right or any such provision other right, whether of a similar or provisionsdissimilar nature, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations and shall not prohibit the exercise of the Agreementsame right at a future date.

Appears in 1 contract

Samples: National Service Agreement (Atroad Inc)

Non-Waiver. Failure of Any failure by either party Party to enforce the other Party’s strict performance of any provision of this Agreement shall will not operate or be construed as constitute a waiver of any its right to subsequently enforce such provision or provisions, nor prevent such party from thereafter enforcing any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Disclosure/Security Agreement

Non-Waiver. Failure of either party to enforce or insist upon compliance with any provision of ---------- the terms or conditions of this Agreement shall not operate constitute a general waiver or be construed as a waiver relinquishment of any such provision terms or provisionsconditions, nor prevent such party from thereafter enforcing but the same shall be and remain at all times in full force and effect and shall not affect the right of either Party to terminate this Agreement or to require performance at any of its rights with respect to other or further violations of the Agreementtime thereafter.

Appears in 1 contract

Samples: Agreement (Itc Deltacom Inc)

Non-Waiver. Failure The failure of either party to enforce any provision of this Agreement Agreement, or the failure of either party to exercise any right or remedy to which it is entitled hereunder, shall not operate or be construed as constitute a waiver thereof and shall not prejudice any right of any such provision or provisions, nor prevent such that party from thereafter enforcing any of its rights with respect to other or further violations of the Agreementunder these terms and conditions.

Appears in 1 contract

Samples: www.dematic.com

Non-Waiver. Failure The failure of either any party to enforce any provision of this Agreement shall not operate or be construed as a waiver of any such that provision or provisions, nor prevent such party from thereafter enforcing any other provisions of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Environmental Indemnification Agreement

Non-Waiver. Failure The failure of either party at any time to enforce any a provision of this Agreement shall not operate or be construed as in no way constitute a waiver of any such provision or provisionsthe provision, nor prevent in any way affect the validity of this Agreement, or any part hereof, or the right of such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.enforce each and every provision hereof.‌

Appears in 1 contract

Samples: Grant Agreement

Non-Waiver. Failure The failure of either party to enforce any provision of this Agreement shall not operate or be construed as a waiver or limitation of any such that party’s right subsequently to enforce and compel strict compliance with every provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Interlocal Agreement

Non-Waiver. Failure The failure of either party to enforce strict compliance with this Agreement, in whole or in part, or to exercise any provision of this Agreement right hereunder, shall not operate or be construed as constitute a waiver of any such provision rights herein contained and shall not be held to constitute a course of conduct or provisions, nor prevent such party from thereafter enforcing waiver of a subsequent breach of that or any of its rights with respect to other or further violations of the Agreementprovision.

Appears in 1 contract

Samples: Network Attorney Agreement

Non-Waiver. Failure The failure of either party Party to enforce strict performance of any provision of this Agreement shall not operate or be construed as a waiver of any its right to assert or rely upon such provision or provisions, nor prevent such party from thereafter enforcing any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Conduit Use Agreement

Non-Waiver. Failure of Any failure by either party Party to enforce the other Party’s strict performance of any provision of this Agreement shall not operate or be construed as constitute a waiver of any its right to subsequently enforce such provision or provisions, nor prevent such party from thereafter enforcing any other provision of its rights with respect to other or further violations of the this Agreement.

Appears in 1 contract

Samples: Non Circumvent Agreement

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