Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof.
Appears in 175 contracts
Samples: Severance and Change of Control Agreement (Stratus Properties Inc), Severance and Change of Control Agreement (Stratus Properties Inc), Severance Agreement
Waiver of Breach. The waiver by either any party of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach thereofby the other party.
Appears in 138 contracts
Samples: Employment Agreement (Sky Harbour Group Corp), Employment Agreement (Fidelity National Information Services, Inc.), Employment Agreement (Cannae Holdings, Inc.)
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 114 contracts
Samples: Employment Agreement (Sonic Corp), Employment Agreement (Sonic Corp), Merger Agreement (Bank of the Ozarks Inc)
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 110 contracts
Samples: Employment Agreement (Rci Hospitality Holdings, Inc.), Employment Agreement (Rci Hospitality Holdings, Inc.), Employment Agreement (Rci Hospitality Holdings, Inc.)
Waiver of Breach. The waiver Waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver by such party of any subsequent breach thereofhereof.
Appears in 87 contracts
Samples: Employment Agreement (Arrow Financial Corp), Employment Agreement (Arrow Financial Corp), Employment Agreement (Arrow Financial Corp)
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 87 contracts
Samples: Consulting Agreement, Consulting Agreement (Ignite Restaurant Group, Inc.), Annual Report
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 55 contracts
Samples: Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.)
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach thereofbreach.
Appears in 50 contracts
Samples: Consulting Agreement (Nevada Canyon Gold Corp.), Consulting Agreement (Nevada Canyon Gold Corp.), Consulting Agreement (Nevada Canyon Gold Corp.)
Waiver of Breach. The waiver by either party, or the failure of either party of to claim a breach of any provision of this Agreement shall Agreement, will not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 48 contracts
Samples: Full Time Fixed Term Employment Agreement, Fixed Term Employment Agreement, Full Time Fixed Term Employment Agreement
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 40 contracts
Samples: Agent Agreement, Director Agreement, Service Agreement
Waiver of Breach. The waiver by either party Party of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either Party.
Appears in 38 contracts
Samples: Executive Compensation Agreement (KOHLS Corp), Executive Compensation Agreement (KOHLS Corp), Executive Compensation Agreement (KOHLS Corp)
Waiver of Breach. The waiver by either any party of to a breach of any provision of in this Agreement shall cannot operate or be construed as a waiver of any subsequent breach thereofby a party.
Appears in 37 contracts
Samples: Employment Agreement (Alico, Inc.), Employment Agreement (Alico, Inc.), Employment Agreement (Alico, Inc.)
Waiver of Breach. The waiver by either any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 36 contracts
Samples: Performance Bonus Agreement (Graham Corp), Purchase and Sale Agreement, Asset Purchase Agreement
Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach thereofof the same or other provision hereof.
Appears in 36 contracts
Samples: Service Agreement, Educational Affiliation Agreement, Employment Agreement
Waiver of Breach. The waiver Waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach thereofby such other party.
Appears in 33 contracts
Samples: Employment Agreement (American Woodmark Corp), Employment Agreement (American Woodmark Corp), Employment Agreement (American Woodmark Corp)
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 30 contracts
Samples: Employment Agreement (XRG Inc), Employment Agreement (Ambassadors Group Inc), Employment Agreement (Osi Systems Inc)
Waiver of Breach. The No waiver by either party of a any breach or non-performance of any provision or obligation of this Agreement shall not operate or be construed as deemed to be a waiver of any subsequent preceding or succeeding breach thereofof the same or any other provision of this Agreement.
Appears in 29 contracts
Samples: Employment Agreement (Mercantile Bank Corp), Employment Agreement (Mercantile Bank Corp), Employment Agreement (Mercantile Bank Corp)
Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach thereofof the same or another provision hereof.
Appears in 27 contracts
Samples: Research Grant Agreement (Inmune Bio, Inc.), Facilities and Management Services Agreement (MySkin, Inc.), Facilities and Management Services Agreement (MySkin, Inc.)
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement or failure to enforce any provision hereof shall not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 25 contracts
Samples: Employment and Noncompetition Agreement (Blackbaud Inc), Membership Interest Purchase Agreement, Employment and Noncompetition Agreement (Blackbaud Inc)
Waiver of Breach. The waiver by either party of a breach of any provision term of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach thereof.
Appears in 25 contracts
Samples: Employment Agreement (Global Markets Access LTD), Employment Agreement (Annuity & Life Re Holdings LTD), Employment Agreement (Global Markets Access LTD)
Waiver of Breach. The waiver by either any party of a breach of any provision provisions of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate as or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 24 contracts
Samples: Employment Agreement (UBL Interactive,Inc.), Employment Agreement (UBL Interactive,Inc.), Employment Agreement (UBL Interactive,Inc.)
Waiver of Breach. The waiver by either a party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach thereofby any of the parties hereto.
Appears in 23 contracts
Samples: Employment Agreement (AbitibiBowater Inc.), Employment Agreement (Bowater Inc), Employment Agreement (Bowater Inc)
Waiver of Breach. The waiver by of either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 22 contracts
Samples: Employment Agreement, Employment Agreement (Choice Hotels International Inc /De), Employment Agreement (Choice Hotels International Inc /De)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate as or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 22 contracts
Samples: Employment Agreement (C&d Technologies Inc), Employment Agreement (C&d Technologies Inc), Employment Agreement (C&d Technologies Inc)
Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach thereof.
Appears in 21 contracts
Samples: Employment Agreement (Intensity Therapeutics, Inc.), Employment Agreement (Intensity Therapeutics, Inc.), Employment Agreement (Intensity Therapeutics, Inc.)
Waiver of Breach. The waiver by either party, or the failure of either party of to claim a breach of any provision of this Agreement Agreement, shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 19 contracts
Samples: General Manager Employment Agreement, Executive Employment Agreement (Entravision Communications Corp), Executive Employment Agreement (Entravision Communications Corp)
Waiver of Breach. The waiver by either any party of a breach of any provision of this Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach thereofby any party. No breach shall be deemed waived unless the waiver is in a writing signed by the non-breaching party.
Appears in 19 contracts
Samples: Executive Employment Agreement (Allied Waste Industries Inc), Executive Employment Agreement (Allied Waste Industries Inc), Executive Employment Agreement (Allied Waste Industries Inc)
Waiver of Breach. The waiver by either party of a breach of any provision provisions of this Agreement by either party shall not operate or be construed as a waiver of any subsequent breach thereofby either party.
Appears in 19 contracts
Samples: Employment Agreement (Midwest Energy Emissions Corp.), Employment Agreement (Midwest Energy Emissions Corp.), Employment Agreement (Midwest Energy Emissions Corp.)
Waiver of Breach. The waiver by of either party of a breach of any provision term of this Agreement shall will not operate or nor be construed as a waiver of any subsequent breach thereof.
Appears in 18 contracts
Samples: Employment Agreement (Rego Payment Architectures, Inc.), Employment Agreement (Rego Payment Architectures, Inc.), Employment Agreement (Rego Payment Architectures, Inc.)
Waiver of Breach. The waiver by of either party of a breach of any ---------------- provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 18 contracts
Samples: Employment Agreement (Choice Hotels International Inc /De), Employment Agreement (Choice Hotels International Inc /De), Employment Agreement (Choice Hotels International Inc /De)
Waiver of Breach. The waiver by either party of Party to a breach of any provision of in this Agreement shall cannot operate or be construed as a waiver of any subsequent breach thereofby either Party.
Appears in 18 contracts
Samples: Consulting Agreement (Monopar Therapeutics), Consulting Agreement (Monopar Therapeutics), Consulting Agreement (Monopar Therapeutics)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby the other party. No waiver of any provision of this Agreement shall be implied from any course of dealing between the parties hereto or from any failure by either party hereto to assert any rights hereunder on any occasion or series of occasions.
Appears in 18 contracts
Samples: Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.), Employment Agreement (Trade Street Residential, Inc.)
Waiver of Breach. The waiver Waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed constructed as a waiver of any subsequent breach thereofby such other party.
Appears in 17 contracts
Samples: Employment Agreement (Paravant Computer Systems Inc /Fl/), Employment Agreement (Paravant Inc), Employment Agreement (Paravant Inc)
Waiver of Breach. The waiver by either party any of a the parties hereto of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any part.
Appears in 17 contracts
Samples: Employment Agreement (Prime Retail Inc/Bd/), Combined Service and Special Distribution and Allocation Agreement (Prime Retail Inc), Executive Employment Agreement (Prime Retail Inc/Bd/)
Waiver of Breach. The waiver Waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as deemed to be a waiver of any subsequent other breach thereofand shall not be construed to be a modification of the terms of this Agreement.
Appears in 17 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Management Services Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach thereofof the same or another provision hereof.
Appears in 17 contracts
Samples: Management Services Agreement (Castle Dental Centers Inc), Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Castle Dental Centers Inc)
Waiver of Breach. The A waiver by either party Employee or Company of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either party.
Appears in 17 contracts
Samples: Employment Agreement (RealPage, Inc.), Employment Agreement (RealPage, Inc.), Employment Agreement (RealPage, Inc.)
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any of the parties hereto.
Appears in 16 contracts
Samples: Employment Agreement (Freedom Financial Holdings Inc), Employment Agreement (International Telecommunication Data Systems Inc), Employment Agreement (Hyperion Software Corp)
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement agreement shall not operate or be construed as constitute a waiver of as to any subsequent breach thereofother breach.
Appears in 14 contracts
Samples: Professional Services, Professional Services, Professional Services
Waiver of Breach. The waiver by either any party of a breach hereto of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 13 contracts
Samples: Employment Agreement (Western Gas Resources Inc), Employment Agreement (Western Gas Resources Inc), Employment Agreement (Western Gas Resources Inc)
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofof any provision of this Agreement.
Appears in 13 contracts
Samples: Customer Agreement, Customer Agreement, Severance, Consulting and Noncompete Agreement (Fresh Foods Inc)
Waiver of Breach. The waiver by either any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 13 contracts
Samples: Financial and Strategic Consulting Agreement (Careertek Org Inc), Financial and Strategic Consulting Agreement (Careertek Org Inc), Consulting Agreement (Urban Cool Network Inc)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofother breach.
Appears in 12 contracts
Samples: Employment Agreement, Employment Agreement (Xo Group Inc.), Employment Agreement (First Data Corp)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofof such provision or any other provision in this Agreement.
Appears in 12 contracts
Samples: Investment Manager Agreement (Watford Holdings Ltd.), Investment Manager Agreement (Watford Holdings Ltd.), Investment Manager Agreement (Watford Holdings Ltd.)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either the Officer or the Company.
Appears in 12 contracts
Samples: Management Continuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp)
Waiver of Breach. The waiver of any breach of this Agreement by either party of a breach of any provision of this Agreement shall not operate constitute a continuing waiver or be construed as a waiver of any subsequent breach thereofof either the same or any other provision of this Agreement.
Appears in 11 contracts
Samples: Behavioral Health Provider Agreement, Professional Services, Professional Services
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach thereofbreach, nor shall any waiver of any provision of this Agreement in any instance shall be deemed to be a waiver of any other provision in any other instance.
Appears in 11 contracts
Samples: Employment Agreement (Finwise Bancorp), Employment Agreement (Franklin Financial Network Inc.), Employment Agreement (Franklin Financial Network Inc.)
Waiver of Breach. The waiver by either party any Party of a breach of any provision of this Agreement shall not will neither operate or nor be construed as a waiver of any subsequent breach thereofbreach.
Appears in 11 contracts
Samples: Non Competition, Non Solicitation, Confidentiality and Arbitration Agreement (Republic Services, Inc.), Non Competition, Non Solicitation, Confidentiality and Arbitration Agreement (Republic Services, Inc.), Non Competition, Non Solicitation, Confidentiality and Arbitration Agreement (Republic Services, Inc.)
Waiver of Breach. The waiver by either party to this Agreement of a breach or violation of any provision of this Agreement shall not operate as or be construed as to be a waiver of any subsequent breach or violation thereof.
Appears in 11 contracts
Samples: Participating Provider Agreement, Medical Group Services Agreement (Prospect Medical Holdings Inc), Medical Group/Ipa Services Agreement (Prospect Medical Holdings Inc)
Waiver of Breach. The waiver by either party any Party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any Party.
Appears in 10 contracts
Samples: Development Agreement, Subdivision Improvement Agreement, Public Private Partnership Agreement
Waiver of Breach. No provision of this Agreement shall be deemed waived unless such waiver is in writing and signed by the party making such waiver. The waiver by either party of a breach of any provision term of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach thereof.
Appears in 10 contracts
Samples: Employment Agreement (Liberated Syndication Inc.), Employment Agreement (Liberated Syndication Inc.), Employment Agreement (Liberated Syndication Inc.)
Waiver of Breach. The waiver Waiver by either any party of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach thereofby the other party.
Appears in 9 contracts
Samples: Employment Agreement (Certegy Inc), Employment Agreement (Santa Barbara Restaurant Group Inc), Employment Agreement (Fidelity National Information Solutions Inc)
Waiver of Breach. The waiver Waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver by such party of any subsequent breach thereofhereof.
Appears in 9 contracts
Samples: Change of Control Agreement (Meridian Medical Technologies Inc), Change of Control Agreement (Meridian Medical Technologies Inc), Change of Control Agreement (CFX Corp)
Waiver of Breach. The waiver by either party Company or Executive of any breach of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby the parties.
Appears in 9 contracts
Samples: Executive Employment Agreement (Ladd Furniture Inc), Executive Employment Agreement (Ladd Furniture Inc), Executive Employment Agreement (Ladd Furniture Inc)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent breach thereof.
Appears in 9 contracts
Samples: Severance and Change of Control Agreement (Pacific Drilling S.A.), Severance and Change of Control Agreement (Cal Dive International, Inc.), Severance and Change of Control Agreement (Cal Dive International, Inc.)
Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed as to constitute a waiver of any subsequent breach thereofof the same or another provision.
Appears in 8 contracts
Samples: Business Operations and Support Services Agreement, Business Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.), Business Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.)
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Amended Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach thereofby any party.
Appears in 8 contracts
Samples: Executive Employment Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc)
Waiver of Breach. The waiver by of either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofof this Agreement.
Appears in 8 contracts
Samples: Conversion and Settlement Agreement (Dyntek Inc), Separation and General Release Agreement (Dyntek Inc), Settlement Agreement (Dyntek Inc)
Waiver of Breach. The waiver by either any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach thereofby any party.
Appears in 7 contracts
Samples: Voting Trust and Escrow Agreement (Iomai Corp), Merger Agreement (Pharmos Corp), Escrow Agreement (Perficient Inc)
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement hereunder by either party shall not operate or be construed or operate as a waiver of any subsequent breach thereofbreach.
Appears in 7 contracts
Samples: Employment Agreement (Micros Systems Inc), Employment Agreement (Micros Systems Inc), Employment Agreement (Micros Systems Inc)
Waiver of Breach. The No waiver by either party of a breach of any provision breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any Party. No waiver shall be valid unless in writing and signed by the party waiving any particular provision.
Appears in 7 contracts
Samples: Senior Executive Employment Agreement (Premier, Inc.), Senior Executive Employment Agreement (Premier, Inc.), Senior Executive Employment Agreement (Premier, Inc.)
Waiver of Breach. The waiver by either party of a breach or violation of any provision provisions of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach thereof.
Appears in 7 contracts
Samples: Employment Agreement (Muller Media Inc), Employment Agreement (Muller Media Inc), Employment Agreement (Muller Media Inc)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach. No waiver shall be valid unless in writing and signed by an authorized officer of the Company or the Executive, as the case may be.
Appears in 7 contracts
Samples: Employment Agreement (Whittier Energy Corp), Employment Agreement (Whittier Energy Corp), Employment Agreement (Whittier Energy Corp)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach thereof.
Appears in 7 contracts
Samples: Executive Employment Agreement (Freeport McMoran Copper & Gold Inc), Executive Employment Agreement (Freeport McMoran Copper & Gold Inc), Executive Employment Agreement (Freeport McMoran Copper & Gold Inc)
Waiver of Breach. The A waiver by either party any Party to this Agreement of a the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either Party.
Appears in 6 contracts
Samples: Property Management & Real Estate, Cooperation Agreement, Construction Management Agreement
Waiver of Breach. The No waiver by either party hereto of a any breach of any provision of this Agreement shall not operate or be construed as deemed a waiver by such party of any subsequent breach thereofbreach.
Appears in 6 contracts
Samples: Annual Report, Employment Agreement (Cumulus Media Inc), Employment Agreement (Cumulus Media Inc)
Waiver of Breach. The Any waiver by either party of a breach of any provision of this Agreement shall will not operate or be construed as constitute a waiver of any subsequent breach thereoffurther breach, whether of a similar or dissimilar nature.
Appears in 6 contracts
Samples: Release and Separation Agreement (Lowes Companies Inc), Release and Separation Agreement (Lowes Companies Inc), Retirement Agreement (Lowes Companies Inc)
Waiver of Breach. The Any waiver by either party of a breach of any provision the terms and conditions of this Agreement shall not operate or be construed considered as a waiver of any subsequent breach thereofof the same or any other term and condition hereof.
Appears in 6 contracts
Samples: Employment Agreement (Knickerbocker L L Co Inc), Employment Agreement (Knickerbocker L L Co Inc), Employment Agreement (Knickerbocker L L Co Inc)
Waiver of Breach. The waiver by failure of either party of a breach of to enforce any provision of this Agreement shall not operate be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach under this Agreement shall not be construed as deemed a waiver of any subsequent breach thereofbreach.
Appears in 6 contracts
Samples: System and Services Agreement, Commission Agreement, Commission Agreement
Waiver of Breach. The waiver by of either party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofof that same or any other provision.
Appears in 6 contracts
Samples: Dispatch Service Agreement, Fire Communications Service Agreement, Fire Communications Service Agreement
Waiver of Breach. The waiver by either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Holiday Rv Superstores Inc), Merger Agreement (Equity Residential Properties Trust), Stock Purchase Agreement (Life Usa Holding Inc /Mn/)
Waiver of Breach. The waiver by either of any party of a breach to this Agreement of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach thereofbreach.
Appears in 6 contracts
Samples: Shareholders Agreement (American Dream International LTD), Share Purchase Agreement (Welty W R), Shareholder Agreement (Welty W R)
Waiver of Breach. The waiver by either party Party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 6 contracts
Samples: Contracting Agreement (Only Natural Wellness Corp), Contracting Agreement (GO EZ Corp), Contracting Agreement (GO EZ Corp)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach thereofby that party.
Appears in 6 contracts
Samples: Service Fee Agreement, Service Fee Agreement, Employment Agreement (Garden Ridge Corp)
Waiver of Breach. The waiver by either any party hereto of a breach of any ---------------- provision of this Agreement shall not neither operate or nor be construed as a waiver of the breach of any other provision or of any subsequent breach thereofby any party.
Appears in 6 contracts
Samples: Employment Agreement (Envirosource Inc), Employment Agreement (Envirosource Inc), Executive Employment Agreement (Century Maintenance Supply Inc)
Waiver of Breach. The waiver by either any party hereto of a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach thereofbreach, nor shall any waiver of any provisions of this Agreement in any instance shall be deemed to be a waiver of any other provision in any other instance.
Appears in 6 contracts
Samples: Employment Agreement (Bancorp of New Jersey, Inc.), Employment Agreement (Bancorp of New Jersey, Inc.), Employment Agreement (Center Bancorp Inc)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either the Officer or Illini.
Appears in 6 contracts
Samples: Management Continuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp), Management Continuity Agreement (Illini Corp)
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement shall not operate or be construed as deemed a waiver of any subsequent breach thereofbreach.
Appears in 6 contracts
Samples: Exclusive License Agreement, Exclusive License Agreement (Tullys Coffee Corp), Exclusive License Agreement (Tullys Coffee Corp)
Waiver of Breach. The waiver by either party of a breach of any ---------------- provision of this Agreement Agreement, shall not operate or be construed as a waiver of any subsequent breach thereofby the same party.
Appears in 6 contracts
Samples: Employment Agreement (Iwo Holdings Inc), Employment Agreement (Iwo Holdings Inc), Employment Agreement (Iwo Holdings Inc)
Waiver of Breach. The waiver by of either party of a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach thereofthereof or of any other provision of this Agreement.
Appears in 6 contracts
Samples: Employment Agreement (Roberts Pharmaceutical Corp), Employment Agreement (Roberts Pharmaceutical Corp), Employment Agreement (Roberts Pharmaceutical Corp)
Waiver of Breach. The waiver of any breach of this Agreement by either party of a breach of any provision of this Agreement shall not operate or be construed as constitute a continuing waiver of any subsequent breach thereofof either the same or any other provisions of this Agreement.
Appears in 5 contracts
Samples: Shared Savings Provider Agreement (Prospect Medical Holdings Inc), Shared Savings Provider Agreement (Prospect Medical Holdings Inc), Shared Savings Provider Agreement (Prospect Medical Holdings Inc)
Waiver of Breach. The waiver by either any party of a breach of any provision provisions of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 5 contracts
Samples: Employment Agreement (Cylink Corp /Ca/), Employment Agreement (Cylink Corp /Ca/), Employment Agreement (Cylink Corp /Ca/)
Waiver of Breach. The waiver by of either party of a breach of any provision of this the Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby the other party.
Appears in 5 contracts
Samples: Employment Agreement (Brown & Brown Inc), Employment Agreement (Brown & Brown Inc), Employment Agreement (Brown & Brown Inc)
Waiver of Breach. The Neither the waiver by either party of a any breach of any provision of this Agreement Agreement, nor failure to enforce any provision hereof, shall not operate or be construed as a waiver of any subsequent breach thereofby either party.
Appears in 5 contracts
Samples: Technology Transfer Agreement (Omeros Corp), Technology Transfer Agreement (Omeros Corp), Technology Transfer Agreement (Omeros Corp)
Waiver of Breach. The waiver by of either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either ART or Employee. The failure to enforce any provision(s) of this Agreement shall not be construed as a waiver of such provision(s).
Appears in 5 contracts
Samples: Employment Agreement (Arrhythmia Research Technology Inc /De/), Employment Agreement (Arrhythmia Research Technology Inc /De/), Employment Agreement (Arrhythmia Research Technology Inc /De/)
Waiver of Breach. The waiver by either party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either party.
Appears in 5 contracts
Samples: Patent License Agreement (Majestic Companies LTD), License Agreement (Majestic Companies LTD), Patent License Agreement (Majestic Safe-T-Products LTD)
Waiver of Breach. The waiver by either party of a breach of violation of any provision of this the Agreement shall not operate as or be construed as to be a waiver of any subsequent breach thereofhereof.
Appears in 5 contracts
Samples: Dental Provider Service Agreement, Dental Provider Service Agreement, Dental Provider Agreement
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement or failure to enforce any provisions hereof shall not operate or be construed as a waiver of any subsequent breach thereofby any party.
Appears in 5 contracts
Samples: Sales/Service Agreement (Autoco Com Inc), Sales/Service Agreement (Autoco Com Inc), Sales/Service Agreement (Autoco Com Inc)
Waiver of Breach. The waiver of any breach of this Agreement by either party of a breach of any provision of this Agreement shall not operate or be construed as constitute a continuing waiver of any subsequent breach thereofof either the same or any other provision of this Agreement.
Appears in 5 contracts
Samples: Ancillary Provider Agreement, Dental Independent Network Specialty Provider Agreement, Dental Independent Network Provider Agreement
Waiver of Breach. The waiver by either a party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof.breach
Appears in 5 contracts
Samples: Employment Agreement (Firstlink Communications Inc), Employment Agreement (U S Online Communications Inc), Employment Agreement (Firstlink Communications Inc)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach thereof.
Appears in 4 contracts
Samples: Ancillary Service Agreement, Employment Agreement (Adaptimmune Therapeutics PLC), Ancillary Service Agreement (American Surgical Holdings Inc)
Waiver of Breach. The waiver by either party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 4 contracts
Samples: Agreement to Provide Vision Benefits, Agreement to Provide Vision Benefits, Subscription Agreement
Waiver of Breach. The waiver by either party of a breach of any provision of the provisions of this Agreement by the Parties shall not operate or be construed as a waiver of any subsequent breach thereofby the breaching party.
Appears in 4 contracts
Samples: Executive Employment Agreement (Epsilon Energy Ltd.), Executive Employment Agreement (Epsilon Energy Ltd.), Executive Employment Agreement (Epsilon Energy Ltd.)
Waiver of Breach. The Either party's waiver by either party of a breach of any provision of this Agreement shall will not operate as, or be construed as to be, a waiver of any subsequent breach thereofbreach.
Appears in 4 contracts
Samples: Grant Agreement, Contract Agreement, Contract Agreement
Waiver of Breach. The waiver by of either party of a breach of any provision of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate as or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 4 contracts
Samples: Executive Employment Agreement (Marchex Inc), Executive Employment Agreement (Marchex Inc), Executive Employment Agreement (Marchex Inc)
Waiver of Breach. The waiver by either any party of a any breach of any provision the provisions of this Agreement shall not operate or be construed as constitute a continuing waiver of any subsequent breach thereofother breaches of the same or other provisions of this Agreement.
Appears in 4 contracts
Samples: Carbon Dioxide Transportation Agreement (Genesis Energy Lp), Transportation Agreement (Genesis Energy Lp), Transportation Agreement (Genesis Energy Lp)
Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent or continuing breach thereofof the same provision or of any other provision of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Star Group, L.P.), Severance Agreement (Star Gas Partners Lp), Severance Agreement (Star Gas Finance Co)
Waiver of Breach. The waiver by either of a party of a any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent other breach thereofof this Agreement.
Appears in 4 contracts
Samples: Production Services and Marketing Agreement (Millennium Direct Inc), Production Services and Marketing Agreement (Millennium Direct Inc), Production Services and Marketing Agreement (Millennium Direct Inc)
Waiver of Breach. The A waiver by either party Executive or Company of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereofby either party.
Appears in 4 contracts
Samples: Transition Agreement (RealPage, Inc.), Transition Agreement (RealPage, Inc.), Transition Agreement (RealPage, Inc.)
Waiver of Breach. The waiver by either party hereto of a breach of any provision of this Agreement shall not operate as or be construed as to be a waiver of any subsequent breach thereofby either party.
Appears in 4 contracts
Samples: Sponsorship Agreement, Sponsorship Agreement, Sponsorship Agreement
