Survival and Waiver Sample Clauses

Survival and Waiver. 15.1 The acceptance by the Buyer of the Deed on the Closing Date shall be deemed full performance and discharge of each and every agreement and obligation on the part of Seller hereunder to be performed, and any and all agreements, representations and warranties of Seller contained in this Agreement shall not survive the Closing Date, except to the extent expressly provided in this Agreement. The Property are being sold and will be conveyed "as is", "where is", without any representation or warranties as to habitability, merchantability, fitness, condition or otherwise, and at the Closing, Seller shall be released from all liability pertaining to the Property, except as expressly set forth herein. Neither party is relying upon any statements or representations not embodied in this Agreement.
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Survival and Waiver. The provisions of the Agreement which by their terms require performance after the termination or expiration of the Agreement or have application to events that may occur after the termination or expiration of the Agreement, will survive such termination or expiration. All indemnity obligations and indemnification procedures will survive the termination or expiration of the Agreement. The failure of either party at any time to require performance by the other party of any provision of the Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of either party of a breach of any provision of the Agreement constitute a waiver of any succeeding breach of the same or any other provision.
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Survival and Waiver. Your obligations under this Agreement will continue after termination of this Agreement for a period of five (5) years from the date of the completion of the Services or termination of this Agreement, whichever is later, regardless of whether the termination is voluntary or involuntary, including, but not limited to, Contractor’s obligation not to use or disclose any Trade Secret or Confidential Information. No waiver by Company of any breach of this Agreement will be a waiver of any preceding or succeeding breach. No waiver by Company of any right under this Agreement will be construed as a waiver of any other right. Company will not be required to give notice to enforce strict adherence to all terms of this Agreement.
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Survival and Waiver. All representations and warranties and covenants and agreements contained herein will survive the execution of hereof and the Closing Date. Any investigations by or on behalf of any party will not constitute a waiver as to enforcement of any representation, warranty or covenant contained in this Agreement. No notice or information delivered by one party will affect the other party's right to rely on any representation or warranty made by the party delivering the notice or information or relieve that party of any obligations under this Agreement as the result of a breach of any of its representations and warranties.
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Survival and Waiver. Should any provision of this Severance Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and the illegal or invalid part, term or provisions shall not be deemed to be a part of this Severance Agreement. The parties agree to waive any notice provisions in the Employment Agreement that may be applicable to the termination of Kinnu's employment.
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Survival and Waiver. Failure of a Party to exercise its rights under Section 6.1 or 6.2 shall not constitute a waiver thereof and a single exercise of such right shall not preclude any other or further exercise thereof. The express waiver by a Party of its rights under this Article 6 in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. 'The rights set forth in this Article 6 shall survive the termination of this Agreement.
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Survival and Waiver. The provisions of Article 16 and Article 17 will survive any termination or expiration of this Agreement. Each Indemnified Party’s rights under Article 16 and Article 17 will not be deemed to have been waived or otherwise affected by such Indemnified Party’s waiver of the breach of any representation, warranty, agreement or covenant contained in or made pursuant to this Agreement, unless such waiver expressly and in writing also waives any or all of the Indemnified Party’s right under Article 16 and Article 17.
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Survival and Waiver. This Agreement shall be applicable for as long as you assert to have reasonably relied on a Certificate or Site Seal. However, the protections provided to you by the DigiCert Identity Warranty terminate if you have not filed a claim with DigiCert within 60 days of the occurrence giving rise to your claim. Such failure to provide the required notice and proof of claim within the required 60-day period will constitute a conclusive waiver of the claim and an agreement by you that you will seek no remedy against DigiCert to recover for any liability for the claim.
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Survival and Waiver. This Agreement shall be applicable for as long as you assert to have reasonably relied on an EV Certificate. However, any right of recovery will terminate if you have not filed a claim with DigiCert within 60 days of the occurrence giving rise to your claim. Such failure to provide the required notice and proof of claim within the required 60-day period will constitute a conclusive waiver of the claim and an agreement by you that you will seek no remedy against DigiCert to recover for any liability for the claim.
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Related to Survival and Waiver

  • Indemnification and Waiver Except as provided in Section 10.5 or to the extent due to the negligence, willful misconduct or violation of this Lease by Landlord or the Landlord Parties, Tenant hereby assumes all risk of damage to property in, upon or about the Premises from any cause whatsoever (including, but not limited to, any personal injuries resulting from a slip and fall in, upon or about the Premises) and agrees that Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause in, on or about the Premises (including, but not limited to, a slip and fall), any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity and release shall not apply to the negligence or willful misconduct of Landlord or its agents, employees, contractors, licensees or invitees, or Landlord’s violation of this Lease. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as reasonable appraisers’, accountants’ and attorneys’ fees. Notwithstanding anything to the contrary in this Lease, Landlord shall not be released or indemnified from, and shall indemnify, defend, protect and hold harmless Tenant from, all losses, damages, liabilities, claims, attorneys’ fees, costs and expenses arising from the gross negligence or willful misconduct of Landlord or its agents, contractors, licensees or invitees, or a violation of Landlord’s obligations or representations under this Lease. The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability arising in connection with any event occurring prior to such expiration or termination.

  • VARIATION AND WAIVER No variation or waiver of this Agreement shall be effective unless it is in writing and signed by (or by some person duly authorised by) each of the parties. No single or partial exercise of, or failure or delay in exercising, any right under this Agreement shall constitute a waiver or preclude any other or further exercise of that or any other right.

  • Modification and Waiver No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

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