Waiver, Modification and Amendment. No modification, amendment or waiver of any of the provisions contained in these Online Terms, or any future representation, promise or condition in connection with the subject matter of these Online Terms, shall be binding upon any party to these Online Terms unless made in writing and signed by a duly authorized representative or agent of such party. The failure by either party to enforce, or the delay by either party in enforcing, any of said party's rights under these Online Terms shall not be construed as a continuing waiver of such rights, and said party may, within such time as is provided by the laws established by any government with applicable jurisdiction, commence appropriate suits, actions or proceedings to enforce any or all of such rights. A waiver by either party of a default in one or more instances shall not be construed as a waiver in other instances.
Appears in 3 contracts
Samples: Retailer Agreement, Online Sales and Marketing Terms, Retailer Agreement
Waiver, Modification and Amendment. No modification, amendment or waiver of any of the provisions contained in these Online Terms, or any future representation, promise or condition in connection with the subject matter of these Online Terms, shall be binding upon any party to these Online Terms unless made in writing and signed by a duly authorized representative or agent of such party. The failure by either party to enforce, or the delay by either party in enforcing, any of said party's rights under these Online Terms shall not be construed as a continuing waiver of such rights, and said party may, within such time as is provided by the laws established by any government with applicable jurisdiction, commence appropriate suits, actions or proceedings to enforce any or all of such rights. A waiver by either party of a default in one or more instances shall not be construed as a waiver in other instancesotherinstances.
Appears in 2 contracts
Samples: Retailer Agreement, Retailer Agreement
Waiver, Modification and Amendment. No modification, amendment or waiver of any of the provisions contained in these Online Terms, or any future representation, promise or condition in connection with the subject matter of these Online Terms, shall be binding upon any party to these Online Terms unless made in writing and signed by a duly authorized representative or agent of such party. The failure by either party to enforce, or the delay by either party in enforcing, any of said party's rights under these Online Terms shall not be construed as a continuing waiver of such rights, and said party may, within such time as is provided by the laws established by any government with applicable jurisdiction, commence appropriate suits, actions or proceedings to enforce any or all of such rights. A waiver by either party of a default in one or more instances shall not be construed as a waiver in other instances.
Appears in 1 contract
Samples: Retailer Agreement