Waiver; Construction. No modification, termination or attempted waiver of any of the provisions of this Agreement shall be binding unless reduced to writing and signed by the parties. This Agreement shall be construed according to a plain reading of its terms and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision in this Agreement.
Waiver; Construction. The failure of any party to exercise any rights under this Settlement Agreement shall not be deemed a waiver of any right or any future rights. If any part of this Settlement Agreement shall for any reason be found or held invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of this Settlement Agreement, which shall survive and be construed as if such invalid or unenforceable part had not been contained herein.
Waiver; Construction. Neither a Purchase Order, nor these PO Terms and Conditions, nor any ambiguity found therein or herein, shall be construed against a party merely because such party drafted the Purchase Order or these PO Terms and Conditions. Failure by a party to exercise any rights it may have under this Purchase Order on one or more occasions shall not waive its rights to exercise the same on another occasion. All waivers must be in writing to be effective. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Waiver; Construction. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision, and no waiver will be effective unless made in writing and signed by the waiving party. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party
Waiver; Construction. None of this Purchase Order, these PO Terms and Conditions, nor any ambiguity found therein or herein shall be construed against a party merely because such party drafted the Purchase Order or these PO Terms and Conditions. Failure by a party to exercise any rights it may have under this Purchase Order on one or more occasions shall not waive its rights to exercise the same on another occasion. All waivers must be in writing to be effective.
Waiver; Construction. No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions will in no way be affected or impaired thereby.
Waiver; Construction. This Agreement may not be modified and none of its terms may be waived, except in a writing signed by both Parties and approved in writing by the Alliance. The failure of either Party (or of the Alliance) to enforce, or the delay by either Party (or by the Alliance) in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this Agreement. In construing and enforcing this Agreement, neither Party (nor the Alliance) shall be considered the drafter of this Agreement.
Waiver; Construction. (a) Any term or condition of this Agreement may be waived at any time by the party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the party waiving such term or condition. No waiver by any party of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion. All remedies, either under this Agreement or by law or otherwise afforded, will be cumulative and not alternative. The Parties intend that each representation, warranty and covenant contained herein shall have independent significance. If any party has breached or violated, or if there is an inaccuracy in, any representation, warranty, or covenant contained herein in any respect, the fact that there exists another representation, warranty, or covenant relating to the same subject matter (regardless of the relative levels of specificity) which the party has not breached or violated, or in respect of which there is not an inaccuracy, shall not detract from or mitigate the fact that the party has breached or violated, or there is an inaccuracy in, the first representation, warranty or covenant.
Waiver; Construction. Failure by DJI to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. Each party acknowledges and confirms that it has reviewed this License Agreement and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation and/or construction of this License Agreement.
