Common use of Waiver and Delay Clause in Contracts

Waiver and Delay. No waiver by either party of any breach or default in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 10 contracts

Samples: Wholesale Distribution Agreement (Nu Skin Enterprises Inc), Licensing and Sales Agreement (Nu Skin Enterprises Inc), Regional Distribution Agreement (Nu Skin Asia Pacific Inc)

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Waiver and Delay. No waiver by either party Party of any breach or default in performance series of breaches by the other partyParty, and no failure, refusal or neglect of either party Party to exercise any right, power or option given rights granted to it hereunder or to insist upon strict compliance with or performance of the other party's either Party’s obligations under this Agreement, Agreement shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party Party of its right rights hereunder or otherwise at any time thereafter to require exact and strict compliance with the provisions thereofthereafter.

Appears in 5 contracts

Samples: Exclusive Distribution Agreement (Bioventus Inc.), Exclusive Distribution Agreement (Bioventus Inc.), Distribution Agreement (Bioventus Inc.)

Waiver and Delay. No waiver by either party Party of any breach or default in performance by the other partyParty, and no failure, refusal or neglect of either party Party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's Party’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 4 contracts

Samples: Agency Agreement, Agency Agreement, Agency Agreement

Waiver and Delay. No waiver by either party any Party of any breach or default in performance by the any other partyParty, and no failure, refusal or neglect of either party any Party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other partyParty's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party any Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 3 contracts

Samples: Management Services Agreement (Nu Skin Enterprises Inc), Management Services Agreement (Nu Skin Enterprises Inc), Management Services Agreement (Nu Skin Asia Pacific Inc)

Waiver and Delay. No waiver by either party of any breach or default series of breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right rights at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 2 contracts

Samples: Distributorship Agreement, Distributorship Agreement

Waiver and Delay. No waiver by either party of any breach or default in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's ’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 2 contracts

Samples: Trademark Licensing Agreement, Trademark Licensing Agreement (Nu Skin Enterprises Inc)

Waiver and Delay. No waiver by either party of any breach or default series of breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's either parties obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 2 contracts

Samples: Purchase and Sales Agreement (Meade Instruments Corp), Supply Agreement (Meade Instruments Corp)

Waiver and Delay. No waiver by either party of any breach or ---------------- default in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 2 contracts

Samples: Licensing Agreement (Nu Skin Asia Pacific Inc), Licensing Agreement (Nu Skin Asia Pacific Inc)

Waiver and Delay. No waiver by either any party of any breach or default series of breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 2 contracts

Samples: Master Agent Agreement, Master Agent Agreement (Medivisor, Inc.)

Waiver and Delay. No waiver by either party Party of any breach or default series of breaches or defaults in performance by the other partyParty, and no failure, refusal or neglect of either party Party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other partyeither Party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Management Agreement

Waiver and Delay. No waiver by either party a Party of any breach or default in performance by the other party, Party and no failure, refusal or neglect of either party a Party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the obligations of the other party's obligations Party under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party a Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Contribution Agreement (Sensar Corp /Nv/)

Waiver and Delay. No waiver by either any party to the Agreement of any breach or default series of breaches or defaults in the performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this the Agreement, shall constitute a waiver of the provisions of this the Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Showbiz Pizza Time Inc)

Waiver and Delay. No waiver by either any party of any breach or default series of breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's ’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Equipment Purchase Agreement (xG TECHNOLOGY, INC.)

Waiver and Delay. No waiver by either party Party of any breach or default in performance by the other partyParty, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's Party’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: License Agreement (Nu Skin Enterprises Inc)

Waiver and Delay. No waiver by either party of any breach or default series of breaches or series of breaches of defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Consulting Agreement (Enhanced Services Co Inc)

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Waiver and Delay. No waiver by either party Party of any breach or default series of breaches or defaults in performance by the other partyParty, and no failure, refusal or neglect of either party Party to exercise any right, power power, or option given to it hereunder or to insist upon strict compliance with or performance of the other party's either Party’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Distribution Agreement (Mangoceuticals, Inc.)

Waiver and Delay. No waiver by either party of any breach or default series ---------------- of breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: New Vehicle Assembly Agreement (Am General Corp)

Waiver and Delay. 12.1 No waiver by either party of any breach or default series of breaches of defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Consulting Agreement (Enhanced Services Co Inc)

Waiver and Delay. No waiver by either party of any breach or default series of ----------------- breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Master Agreement (Am General Corp)

Waiver and Delay. No waiver by either party of any breach or series of breaches or default in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's ’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Distributor Agreement (International Isotopes Inc)

Waiver and Delay. No waiver by either party any Party of any breach or default in performance by the any other partyParty, and no failure, refusal or neglect of either party any Party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's Party’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party any Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Management Services Agreement (Nu Skin Enterprises Inc)

Waiver and Delay. No The waiver by either party of any a breach or default in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or by the other party shall not be construed as a waiver by of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of its right at any time thereafter to require exact and strict compliance with right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the provisions thereofother party.

Appears in 1 contract

Samples: International Software Distribution Agreement (Metacreations Corp)

Waiver and Delay. No waiver by either party Party of any breach or default series of breaches or defaults in performance by the other partyParty, and no failure, refusal or neglect of either party Party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other party's either Party’s obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party Party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Management Agreement (Copper Property CTL Pass Through Trust)

Waiver and Delay. No waiver by either party of any breach or default series of ---------------- breaches or defaults in performance by the other party, and no failure, refusal or neglect of either party to exercise any right, power or option given to it hereunder or to insist upon strict compliance with or performance of the other either party's obligations under this Agreement, shall constitute a waiver of the provisions of this Agreement with respect to any subsequent breach thereof or a waiver by either party of its right at any time thereafter to require exact and strict compliance with the provisions thereof.

Appears in 1 contract

Samples: Equity Conversion Agreement (Am General Corp)

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