Common use of Strict Performance Clause in Contracts

Strict Performance. 10.8.1 The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights in that or any other instance.

Appears in 33 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Agreement

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Strict Performance. 10.8.1 The failure of either any party to insist upon or enforce strict performance by the any other party of any of the provisions provision of this Agreement or to exercise any rights right under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights such party’s right to assert or rely upon any such provisions provision or rights right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Appears in 16 contracts

Samples: Selected Dealer Agreement (Guggenheim Credit Income Fund 2021), Selected Dealer Agreement (Guggenheim Credit Income Fund 2019), www.sec.gov

Strict Performance. 10.8.1 The failure of either any party to insist upon or enforce strict performance by the other party of any of the provisions terms or conditions of this Agreement or to exercise any rights under this Agreement shall will not be construed as constitute a waiver or relinquishment to of any extent of its rights hereunder, provided that any provision may be waived by the party intended to assert or rely upon any benefit therefrom by a written instrument signed by such provisions or rights in that or any other instanceparty.

Appears in 7 contracts

Samples: Master Exchange Agreement, Master Exchange Agreement (Hertz Global Holdings Inc), Master Exchange Agreement (United Rentals North America Inc)

Strict Performance. 10.8.1 The failure of either party Party to insist in any one or more instances upon or enforce strict performance by the other party of any provisions of this Agreement, or to take advantage of any of the provisions of this Agreement or to exercise any its rights under this Agreement hereunder, shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights in that the relinquishment of any such right or any other instanceright hereunder, which shall remain in full force and effect, unless agreed in writing between the Parties.

Appears in 4 contracts

Samples: Energy Storage Services Agreement, Grid Services Agreement, Energy Storage Services Agreement

Strict Performance. 10.8.1 The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions provision or rights in that or any other instance.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Strict Performance. 10.8.1 The failure of either Failure by a party to insist upon or enforce the strict performance by the other party of any of the provisions of this Agreement by the other party, or the failure by a party to exercise any its rights under upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights in that or any other instancethereafter.

Appears in 3 contracts

Samples: Auditing Services Agreement, California Statewide Automated, Control Reports Services Agreement

Strict Performance. 10.8.1 The failure of either party Party to insist upon or enforce the strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not (a) be construed as a waiver of such provision(s), which shall continue in full force and effect, or relinquishment to any extent (b) diminish the validity or enforceability of its rights to assert or rely upon any such provisions or rights in that or any the other instanceterms of this Agreement.

Appears in 3 contracts

Samples: Separation Agreement, Divorce Agreement, Separation Agreement

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Strict Performance. 10.8.1 The failure of either any party to insist upon or enforce strict performance by the other party of any of the provisions terms or conditions of this Agreement or to exercise any rights under this Agreement shall will not be construed as constitute a waiver or relinquishment to of any extent of its rights hereunder; provided that, any provision may be waived by the party intended to assert or rely upon any benefit therefrom by a written instrument signed by such provisions or rights in that or any other instanceparty.

Appears in 3 contracts

Samples: Master Exchange Agreement, Master Exchange Agreement (Hertz Global Holdings, Inc), Master Exchange Agreement (Hertz Global Holdings Inc)

Strict Performance. 10.8.1 The Any failure of either party by a Party to insist upon or enforce strict performance by the other party of any material provision of this Agreement shall not be deemed a waiver of such provision or of any other provision of this Agreement, and such party shall have the right at any time(s) thereafter to insist upon strict performance of any and all of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights in that or any other instanceAgreement.

Appears in 1 contract

Samples: Development and Incentive Agreement

Strict Performance. 10.8.1 10.12.01 The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions provision or rights in that or any other instance.

Appears in 1 contract

Samples: Form of Agreement

Strict Performance. 10.8.1 The failure of either party to insist in any instance upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement terms and conditions herein set forth shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights the same in that or any other instance. No modification of any provision hereof and not agreed to by both parties.

Appears in 1 contract

Samples: Affiliation Agreement

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