Common use of Nonwaiver Clause in Contracts

Nonwaiver. Neither any course of dealing nor any failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officer.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Employee) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party Party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company’s Board of Directors.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Crockett) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of Parent or the Company, by its an officer of Parent or the Company, as the case may be (other than Executive), or other duly authorized officerperson.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged with such waiver and, in the case of the Company, by its an officer of the Company or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Advisor) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyClient, by its an executive officer of the Client or other person duly authorized officerby the Client.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of Parent or the Company, by its an officer of Parent or the Company, as the case may be (other than Executive), or other duly authorized officerperson.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Sxxxxx) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Bxxxx) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Board Member) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder under this Agreement or under law shall will constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of Company (other than Executive) or other person duly authorized officerby Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument instrument: signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company’s Board of Directors.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Axxxxx) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Sharp) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Senior Manager) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its a duly authorized officerofficer other than Employee.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party Party hereto in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officerboth Parties.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Dxxxxxxx) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company's Board of Directors.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Board of Directors of the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officercharged.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Xxxxxxxx) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Xxxxxx) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party Party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party Party hereto must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its an officer of the Company (other than the Executive) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either any party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either any party hereto must be contained in a written instrument signed by the party to be charged granting such waivers and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any rightright , power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same rightrigh t, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officeran executive officer of such party.

Nonwaiver. Neither any course of dealing nor any failure or neglect --------- of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officer.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyClient, by its an acting officer of the Client or other person duly authorized officerby the Client.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyBusiness, by its an officer of the Company (other than Executive) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any failure or --------- neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officer.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyFVP, by its an officer of the FVP or other person duly authorized officerby the FVP.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power power, or privilege or of the same right, power power, or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of Company (other than Executive) or other person duly authorized officerby Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, right power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party the parties hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyXxxxxxxx, by its duly authorized officeran officer of Xxxxxxxx.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company or the Company, by its an officer of the Company or the Company, as the case may be (other than Executive), or other duly authorized officerperson.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an officer of the Company (other than Xxxxx) or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in to any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its a duly authorized officerofficer of the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either any party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either a party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officercharged.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of that right or any other right, power or privilege or of the same right, power or privilege in any other instanceprivilege. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in hi the case of the Company, by its an officer of Company (other than Xxxxxx) or other person duly authorized officerby Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto any Party in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto a Party must be contained in a written instrument signed by the party Party to be charged and, in the case of the Company, by its duly authorized officercharged.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of that right or any other right, power or privilege or of the same right, power or privilege in any other instanceprivilege. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the CompanyEmployer, by its an officer of Employer (other than Employee) or other person duly authorized officerby Employer.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in to any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officerCompany's Chairman.

Nonwaiver. Neither any course of dealing nor any 28.1 No failure or neglect of either party hereto in any instance to exercise any right, power power, or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its an executive officer of the Company or other person duly authorized officerby the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officeran executive officer of the Company.

Nonwaiver. Neither any course of dealing nor any No failure or neglect of either party hereto in any instance to exercise any right, power or privilege hereunder or under law shall will constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either party hereto must be contained in a written instrument signed by the party to be charged and, in the case of the Company, by its duly authorized officercharged.