Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 209 contracts
Samples: Dealer Manager Agreement (NexPoint Real Estate Finance, Inc.), Dealer Manager Agreement (Prospect Capital Corp), Dealer Manager Agreement (RREEF Property Trust, Inc.)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 21 contracts
Samples: Managing Dealer Agreement (CNL American Realty Fund Inc), Managing Dealer Agreement (CNL Health Care Properties Inc), Managing Dealer Agreement (CNL American Properties Fund Inc)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 18 contracts
Samples: Managing Dealer Agreement (CNL Strategic Capital, LLC), Managing Dealer Agreement (CNL Strategic Capital, LLC), Managing Dealer Agreement (CNL Strategic Capital, LLC)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.
Appears in 15 contracts
Samples: Agreement (Arrogene, Inc), Agreement (Arrogene, Inc), Employment Agreement (Golden West Brewing Company, Inc.)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 14 contracts
Samples: Agent Agreement (MVP REIT II, Inc.), Dealer Manager Agreement (Desert Capital Reit Inc), Managing Dealer Agreement (CNL Income Properties Inc)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 12 contracts
Samples: Placement Agent Agreement (Commercial Net Lease Realty Inc), Managing Dealer Agreement (Cb Richard Ellis Realty Trust), Form of Managing Dealer Agreement (Cb Richard Ellis Realty Trust)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 10 contracts
Samples: Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 10 contracts
Samples: Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.
Appears in 6 contracts
Samples: Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Employment Agreement (Impco Technologies Inc)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.
Appears in 6 contracts
Samples: Employment Agreement (Impco Technologies Inc), Employment Agreement (Impco Technologies Inc), Employment Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 6 contracts
Samples: Manufacturing Agreement (Seamed Corp), Supply Agreement (Coinstar Inc), Manufacturing Agreement (Seamed Corp)
Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 5 contracts
Samples: License Agreement (Selectica Inc), License Agreement (Selectica Inc), License Agreement (Selectica Inc)
Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 5 contracts
Samples: Dealer Manager Agreement (Creative Media & Community Trust Corp), Dealer Manager Agreement (Creative Media & Community Trust Corp), Dealer Manager Agreement (Creative Media & Community Trust Corp)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this This Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s ' right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.
Appears in 5 contracts
Samples: Healthetech International Distribution Agreement, International Distribution Agreement (Healthetech Inc), Strategic Agreement (Healthetech Inc)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, rather such provision or right shall be and remain in full force and effect.
Appears in 5 contracts
Samples: Dealer Manager Agreement (Commonwealth Income & Growth Fund V), Dealer Manager Agreement (Commonwealth Income & Growth Fund VI), Dealer Manager Agreement (Commonwealth Income & Growth Fund V)
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and the same will remain in full force and effect.
Appears in 4 contracts
Samples: Redis Enterprise Cloud Agreement, Box Service Agreement, Service Agreement
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement letter agreement or to exercise any right under this Agreement letter agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 4 contracts
Samples: Letter Agreement (Steadfast Income REIT, Inc.), Letter Agreement (Steadfast Apartment REIT III, Inc.), Pacific Oak Strategic Opportunity REIT II, Inc.
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement shall or otherwise by law, will not be construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; ratherrather the provision, such provision right or right shall remedy will be and remain in full force and effect.
Appears in 4 contracts
Samples: Nuranow Agreement, Nuranow Agreement, Nuranow Agreement
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.
Appears in 3 contracts
Samples: Healthetech Strategic Partnership Agreement (Healthetech Inc), Distribution and Collaboration Agreement (Integra Lifesciences Holdings Corp), Distributor Agreement (European Micro Holdings Inc)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, rather such provision or right shall be and remain in full force and effect.
Appears in 3 contracts
Samples: Dealer Manager Agreement (Commonwealth Income & Growth Fund 8, LP), Dealer Manager Agreement (Commonwealth Income & Growth Fund VII, LP), Dealer Manager Agreement (Commonwealth Income & Growth Fund VII, LP)
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.. (l)
Appears in 3 contracts
Samples: Dealer Manager Agreement (Carey Credit Income Fund 2017 T), www.sec.gov, www.sec.gov
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provisions or right rights in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 3 contracts
Samples: Supply Agreement (Zygo Corp), Supply Agreement (Nanometrics Inc), Supply Agreement (Zygo Corp)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 3 contracts
Samples: Management Agreement (CNL Income Fund Xviii LTD), Management Agreement (CNL Income Fund Ix LTD), Management Agreement (CNL Income Fund X LTD)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s ' right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.
Appears in 2 contracts
Samples: Promotion Agreement (Healthetech Inc), International Distributorship Agreement (Arterial Vascular Engineering Inc)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement Employment Contract, or to exercise any right under this Agreement of its rights hereunder, shall not be construed as a waiver or relinquishment to any extent of such that party’s 's right to assert or rely upon such terms or rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.
Appears in 2 contracts
Samples: Employment Contract, Employment Contract
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or any applicable Work Order, or to exercise any right or remedy under this Agreement or any applicable Work Order, shall not be interpreted or construed as a waiver or relinquishment to any extent of such partythat Party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 2 contracts
Samples: Master Services Agreement (Global Eagle Entertainment Inc.), Master Services Agreement (Global Eagle Entertainment Inc.)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provisions or right rights in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision or right in that or any other instance; rather, such the provision or and right shall be and will remain in full force and effect.
Appears in 2 contracts
Samples: Escrow Agreement (Phone Com Inc), Escrow Agreement (Phone Com Inc)
Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.
Appears in 2 contracts
Samples: Institutional License Agreement, App Maintenance and Enhancement Agreement
Nonwaiver. The Any failure of any by either party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right or remedy under this Agreement shall or applicable law will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.
Appears in 2 contracts
Samples: License Agreement (Go2net Inc), License Agreement (Go2net Inc)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.
Appears in 2 contracts
Samples: Agreement (Vitro Biopharma, Inc.), Employee Confidentiality and Intellectual Property Agreement (New Clearwire CORP)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and the same will remain in full force and effect.
Appears in 2 contracts
Samples: Cloud Agreement, techcontracts.yolasite.com
Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.
Appears in 2 contracts
Samples: Simplagene Usa Inc, Simplagene Usa Inc
Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right or remedy under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.
Appears in 2 contracts
Samples: Supply Agreement (Light Sciences Oncology Inc), Supply Agreement (Light Sciences Oncology Inc)
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right 's rights in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 1 contract
Nonwaiver. The failure of any either party to insist upon or enforce require strict performance by any other party of any provision of this Agreement by the other party, or the forbearance to exercise any right or remedy under this Agreement Agreement, shall not be construed as a waiver or relinquishment to any extent by such party of such party’s the right to assert or rely upon require strict performance of any such provision or the relinquishment by such party of any right in that or remedy it might have with respect to any other instance; rather, subsequent breach of such provision or right shall be and remain in full force and effectprovision.
Appears in 1 contract
Samples: 2017 Agreement (Westmoreland Resource Partners, LP)
Nonwaiver. The failure of any a party to insist upon on or enforce enforce, in any instance, strict performance by any the other party of any provision of the terms of this Agreement Agreement, or to exercise any right under this Agreement rights herein conferred shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision terms or right in that or rights on any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.
Appears in 1 contract
Samples: Facilities Services Agreement (Golden Grain Energy)
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon on any such provision or right in that or any other instance; rather, such provision or right the same shall be and shall remain in full force and effect. Any waiver at any time by either Party of any of its rights under this Agreement in a particular circumstance or instance shall not constitute a waiver thereof in any other circumstance or instance.
Appears in 1 contract
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement Agreement, shall not be interpreted or construed as a waiver or relinquishment to any extent of such that party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 1 contract
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.. 6.6
Appears in 1 contract
Nonwaiver. The Any failure of any by either party to insist upon or enforce strict --------- performance by any other party Licensee of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement or otherwise by law shall not be construed as a waiver or relinquishment to any extent of such either party’s 's right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; ratherrather the provision, such provision right, or right remedy shall be and remain in full force and effect.
Appears in 1 contract
Samples: Corporation Software License Agreement (Primus Knowledge Solutions Inc)
Nonwaiver. The failure of any party either Party to insist upon or enforce require strict performance by any other party of any provision of this Agreement by the other Party, or the forbearance to exercise any right or remedy under this Agreement Agreement, shall not be construed as a waiver by the Party of the right to require strict performance of any provision or the relinquishment by the Party of any right or remedy it might have with respect to any extent subsequent breach of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectthe provision.
Appears in 1 contract
Samples: Supply Agreement (Westmoreland Resource Partners, LP)
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: License Agreement (Micrografx Inc)
Nonwaiver. The failure of any one party to insist upon or enforce enforce, in any instance, strict performance by any the other party of any provision of this Agreement or to exercise any right under the terms of this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon such terms or rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.
Appears in 1 contract
Nonwaiver. The Any failure of any by either party to insist upon or enforce strict performance by any the other party parry of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement or otherwise by law shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; ratherrather the provision, such provision right, or right remedy shall be and remain in full force and effect.
Appears in 1 contract
Samples: main6.silkone-emr.com
Nonwaiver. The failure of any party a Party to insist upon on or enforce enforce, in any instance, strict performance by any the other party Party of any provision of the terms of this Agreement or to exercise any right under this Agreement shall rights herein conferred will not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision terms or right in that or rights on any other instance; rather, such provision or right shall be and remain in full force and effect.future occasion. N N N N GENERAL RULES AND REGULATIONS FOR ELECTRIC SERVICE FORMS AND AGREEMENTS
Appears in 1 contract
Samples: Electric Service Agreement
Nonwaiver. The failure Failure of any either party to insist upon or to enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any rights under this Agreement, and such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 1 contract
Nonwaiver. The failure of any party a Party to insist upon or enforce strict performance by any other party of any provision of the terms of this Agreement or to exercise any right under this Agreement rights herein shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert enforce such terms or rely upon rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.
Appears in 1 contract
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provisions or right rights in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Park District Development Agreement
Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.. Exhibit 10.2
Appears in 1 contract
Samples: Dealer Manager Agreement (Corporate Property Associates 17 - Global INC)
Nonwaiver. The failure of any party either Party to insist upon or enforce enforce, in any instance, strict performance by any the other party Party of any provision of the terms of this Agreement or to exercise any right under this Agreement rights herein conferred shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision terms or right in that or rights on any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.
Appears in 1 contract
Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right of its rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of waive such party’s rights and such Party shall have the right to assert enforce such rights at any time and take such action as may be lawful and authorized under this Agreement or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectapplicable law.
Appears in 1 contract
Samples: Confidential Settlement Agreement
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement Agreement, shall not be interpreted or construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Manufacturing and Supply Agreement (Acacia Research Corp)
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and the same will remain in full force and effect.
Appears in 1 contract
Samples: Master Agreement (Acres Gaming Inc)
Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 1 contract
Samples: Limited Major Account License Agreement (Selectica Inc)
Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 1 contract
Samples: Dealer Manager Agreement (CIM Commercial Trust Corp)
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Consent and Agreement (Tenaska Georgia Partners Lp)
Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement shall or otherwise by law, will not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; rather, such provision or right shall be and remain in full force and effect.
Appears in 1 contract
Samples: Lexmark Cloud Services Master Subscription Agreement
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement Agreement, or to exercise any right or remedy under this Agreement shall Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.
Appears in 1 contract
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of of, any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Supply Agreement (Seamed Corp)
Nonwaiver. The failure of any either party to insist upon or enforce -------------- strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right or remedy under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s that part's right to assert or rely upon any such provision provisions, rights, or right remedies in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.
Appears in 1 contract
Samples: Manufacturing and Distribution Agreement (Nucycle Therapy Inc)
Nonwaiver. The failure of any party one Party to insist upon or enforce enforce, in any instance, strict performance by any the other party Party of any provision of the terms of this Agreement Agreement, including those relating to compensation or to the exercise of any right under this Agreement herein conferred, shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert assert, enforce, or rely upon such terms or rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.
Appears in 1 contract
Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provisions, rights, or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect. Further, no waiver will be valid unless set forth in a written instrument signed by the party to be bound thereby.
Appears in 1 contract