Waiver and Discharge. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
Waiver and Discharge. The failure of either Party to enforce any provision of this Agreement shall in no way be construed as a waiver of such provision or the right of either Party to enforce such provision in the future or in any way to affect the validity of this Agreement or a party hereof.
Waiver and Discharge. Upon the timely payment of the amounts set forth in Paragraph 3, above, WEPCo expressly waives and forever discharges the Mines from any claim for additional payments, damages or termination of the PPAs based upon the timing or form of Mines' payment of the invoices for January, February, and March 2006; however, the parties expressly acknowledge and agree that the issue of whether a late fee is due pursuant to Section 11(a) of the PPAs with respect to such payments remains a disputed issue to be resolved by the Arbitrators.
Waiver and Discharge. This Agreement may not be released, discharged, abandoned, changed, or modified in any manner except by an instrument in writing signed on behalf of each of the parties hereto by their duly authorized representatives. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, or in any way to affect the validity of this Agreement or any part thereof or the right of any party thereafter to enforce each and every such provision No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
Waiver and Discharge. Second party’s agrees to fully release and discharge first party’s from all claims past, present, and future arising out of his or her time as someone using, either with permission or without permission, Clubs services and fully and completely discharges any claims that could be asserted against first party’s. It is expressly understood and agreed that this waiver is executive as a requirement to use any service offered by club, its affiliates, and assigns and that any consideration contemplated herein is not in any manner to be construed as an admission of liability on the part of the first party’s. This waiver shall apply to all claims, whether known or unknown, against any party to this agreement. Second party’s completely releases and forever discharge first party’s from any or all claims, actions, causes of action, demands, rights, damages, cost, loss of service, expenses and compensation whatsoever, including court cost, legal expenses and attorneys fees which the undersigned now has or had or which may hereafter accrue on account of or in any growing out of any and all known and unknown, foreseen and unforeseen damage or any other consequences resulting from and second party’s service or any other activity at or by the club.
