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, Professional Services
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 22 contracts
Samples: Participating Broker Dealer Agreement (Ashford Hospitality Trust Inc), Selected Dealer Agreement, Selected Dealer Agreement (Guggenheim Credit Income Fund 2021)
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 (Vanguard Car Rental Group 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, Power Purchase and Operating 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: Open End Services Agreement, Agreement for Open End Services for Program Management Services, Open End Services Agreement
Strict Performance. 10.8.1 The failure Failure of either party to insist upon or enforce the strict performance by the other party of any item or condition of the provisions of this Agreement or to exercise or delay the exercise of any rights under right or remedy provided in the Agreement, or by law, or the acceptance of materials or services, obligations imposed by this Agreement or by law shall not be construed as deemed a waiver or relinquishment of any right of either party to any extent insist upon the strict performance of its rights to assert or rely upon any such provisions or rights in that or any other instancethe Agreement.
Appears in 3 contracts
Samples: General Audit Services Agreement, Technology Agreement for Products and Consulting, Technology 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, Service Agreement, Service Organizational 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
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 failure of either party Failure by a Party to insist upon or enforce the strict performance by the other party of any of the provisions of this Agreement CONTRACT by the other Party, or the failure by a Party to exercise any its rights under this Agreement upon the default of the other Party, shall not be construed as constitute a waiver or relinquishment of such Party’s right to any extent insist and demand strict compliance by the other Party with the terms of its rights to assert or rely upon any such provisions or rights in that or any other instancethis CONTRACT thereafter.
Appears in 2 contracts
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
Strict Performance. 10.8.1 The failure of either a party hereto 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 of rights arising out of any subsequent breach or relinquishment to any extent default of its rights to assert or rely upon any such provisions or rights in that or any other instanceprovisions. 11.
Appears in 1 contract