Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.
Appears in 239 contracts
Samples: Employment Agreement (KOHLS Corp), Employment and Non Competition Agreement (Tempur Sealy International, Inc.), Executive Employment Agreement (Mister Car Wash, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach by either partybreach.
Appears in 201 contracts
Samples: Performance Share Unit Agreement (Green Plains Inc.), Performance Share Unit Agreement (Green Plains Inc.), 2016 Equity Incentive Plan (ADT Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partythereof.
Appears in 174 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 the breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach by either the other party.
Appears in 141 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 party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either the other party.
Appears in 114 contracts
Samples: Employment Agreement (Envision Healthcare Corp), Employment Agreement (CoreCivic, Inc.), Employment Agreement (Envision Healthcare Corp)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach by either 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 by either party of the any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 87 contracts
Samples: Consulting Agreement, Consulting Agreement (Ignite Restaurant Group, Inc.), Consulting Agreement
Waiver of Breach. The waiver Waiver by either any party of the 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 by either partyhereof.
Appears in 75 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 the a breach of any provision of this Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 65 contracts
Samples: Employment Agreement (Pharmathene, Inc), Employment Agreement (Berry Plastics Group Inc), Employment Agreement (Pharmathene, Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall by the other party must be in writing and will not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 62 contracts
Samples: Executive Employment Agreement (LianBio), Executive Employment Agreement (LianBio), Executive Employment Agreement (LianBio)
Waiver of Breach. The A waiver by either party of the any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by either the other party.
Appears in 61 contracts
Samples: Employment Agreement (Legacy Education Inc.), Employment Agreement (Unicycive Therapeutics, Inc.), Employment Agreement (Tesspay Inc.)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach by either any party.
Appears in 56 contracts
Samples: Executive Employment Agreement, Executive Employment Agreement (Petroquest Energy Inc), Restructuring Support Agreement (Petroquest Energy Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either partyof that provision or any other provision hereof.
Appears in 55 contracts
Samples: Restricted Unit Agreement (Take Two Interactive Software Inc), Restricted Unit Agreement, Management Agreement
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach by either partybreach.
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 of the a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 48 contracts
Samples: Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the breaching party.
Appears in 42 contracts
Samples: Non Sales Personnel (GTT Communications, Inc.), Executive Employment Agreement (Patriot National, Inc.), Executive Employment Agreement (Patriot National, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 40 contracts
Samples: Agent Agreement, Agreement, Agreement
Waiver of Breach. The waiver by either party Party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyParty.
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 the to a breach of any provision of in this Agreement shall cannot operate or be construed as a waiver of any subsequent breach by either 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 party of the 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 by either partyof the same or other provision hereof.
Appears in 36 contracts
Samples: Service Agreement, Educational Affiliation Agreement, Employment Agreement
Waiver of Breach. The waiver by either any party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either 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 hereto of the 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 by either partyof the same or another provision hereof.
Appears in 35 contracts
Samples: Tax Sharing Agreement, Transitional Services Agreement (Catapult Communications Corp), Human Plasma Supply Agreement (Seracare Life Sciences Inc)
Waiver of Breach. The waiver by either party to this Agreement of the a breach of any provision of the provisions of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 34 contracts
Samples: Employment Agreement (Net TALK.COM, Inc.), Employment Agreement (Net TALK.COM, Inc.), Employment Agreement (Net TALK.COM, Inc.)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 30 contracts
Samples: Employment Agreement (XRG Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Ambassadors Group Inc)
Waiver of Breach. The waiver by either a party of the breach of any provision of this Agreement shall not operate or be construed as deemed a waiver by said party of any other or subsequent breach by either partybreach.
Appears in 30 contracts
Samples: Employment Agreement (Sealed Air Corp/De), Employment Agreement (Johnsondiversey Inc), Employment Agreement (Johnsondiversey Inc)
Waiver of Breach. The waiver by either party, or the failure of either party of the 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 by either partybreach.
Appears in 30 contracts
Samples: Fixed Term Employment Agreement, Fixed Term Employment Agreement, Fixed Term Employment Agreement
Waiver of Breach. The waiver Waiver by either party of the a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by either such other party.
Appears in 29 contracts
Samples: Employment Agreement (American Woodmark Corp), Employment Agreement (American Woodmark Corp), Employment Agreement (American Woodmark Corp)
Waiver of Breach. The Any waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 27 contracts
Samples: Consulting Agreement (Siyata Mobile Inc.), Consulting Agreement (Siyata Mobile Inc.), Consulting Agreement (GD Culture Group LTD)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 26 contracts
Samples: Employment Agreement (TPT Global Tech, Inc.), www.biggergame.com, Employment Agreement (Lifeline Therapeutics, Inc.)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the waiving party.
Appears in 26 contracts
Samples: Employment, Confidentiality and Non Compete Agreement (Medcath Corp), Employment, Confidentiality and Non Compete Agreement (Medcath Corp), Employment, Confidentiality and Non Compete Agreement (Medcath Corp)
Waiver of Breach. The waiver by either party of the a breach of any provision term of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach by either partythereof.
Appears in 25 contracts
Samples: Employment Agreement (Annuity & Life Re Holdings LTD), Employment Agreement (Annuity & Life Re Holdings LTD), Employment Agreement (Global Markets Access LTD)
Waiver of Breach. The waiver by either party of the 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 by either any party.
Appears in 25 contracts
Samples: Employment and Noncompetition Agreement (Blackbaud Inc), Separation Agreement and Release, Membership Interest Purchase Agreement
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver by said party of any other or subsequent breach by either partybreach.
Appears in 23 contracts
Samples: Employment Agreement (Steinway Musical Instruments Holdings, Inc.), Employment Agreement (Steinway Musical Instruments Holdings, Inc.), Employment Agreement (Steinway Musical Instruments Holdings, Inc.)
Waiver of Breach. The waiver by either a party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach by either partyany 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 either party of the 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 by either partybreach.
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 the a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 22 contracts
Samples: Management Consulting and Technology License Agreement (Adaptive Medias, Inc.), Consulting Agreement (Petrosonic Energy, Inc.), C&d Technologies Inc
Waiver of Breach. The waiver by of either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
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 the 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 by either partythereof.
Appears in 21 contracts
Samples: Employment Agreement (Intensity Therapeutics, Inc.), Employment Agreement (Intensity Therapeutics, Inc.), Employment Agreement (Intensity Therapeutics, Inc.)
Waiver of Breach. The Any waiver by either a party of the a breach of any provision of this Agreement agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the waiving party.. (c)
Appears in 20 contracts
Samples: Option Agreement (Bioprogress Technology International Inc), Employment Agreement (Bioprogress Technology International Inc), Option Agreement (Bioprogress Technology International Inc)
Waiver of Breach. The waiver by either any party of the a breach of any provision of this Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach by either 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 the 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 by either partyhereof.
Appears in 19 contracts
Samples: Athletic Training Services Agreement, Executive Employment Agreement (Colorado Goldfields Inc.), Executive Employment Agreement (Colorado Goldfields Inc.)
Waiver of Breach. The waiver by either party, or the failure of either party of the to claim a breach of any provision of this Agreement Agreement, shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
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 party of the 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 by 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 either party of the Party to a breach of any provision of in this Agreement shall cannot operate or be construed as a waiver of any subsequent breach by either partyParty.
Appears in 18 contracts
Samples: Consulting Agreement (Monopar Therapeutics), Consulting Agreement (Monopar Therapeutics), Consulting Agreement (Monopar Therapeutics)
Waiver of Breach. The waiver by of either party of the a breach of any provision term of this Agreement shall will not operate or nor be construed as a waiver of any subsequent breach by either partythereof.
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 either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by 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 partyparty 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 by of either party of the a breach of any ---------------- provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
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)
Waiver of Breach. The waiver Waiver by either party of the 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 by either such other party.
Appears in 17 contracts
Samples: Employment Agreement (Paravant Inc), Employment Agreement (Paravant Computer Systems Inc /Fl/), Employment Agreement (Paravant Inc)
Waiver of Breach. The waiver by either party any of 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 by either partyany part.
Appears in 17 contracts
Samples: Employment Agreement (Prime Retail Inc/Bd/), Combined Service and Special Distribution and Allocation Agreement (Prime Retail Inc), Employment Agreement (Prime Retail Inc/Bd/)
Waiver of Breach. The waiver by either party to this Agreement of the a breach of any provision of this the Agreement shall by the other party will not operate or be construed as a waiver by the waiving party of any subsequent breach by either the other party.
Appears in 16 contracts
Samples: Employment Agreement (Omega Protein Corp), Employment Agreement (Omega Protein Corp), Employment Agreement (Omega Protein Corp)
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyany of the parties hereto.
Appears in 16 contracts
Samples: Employment Agreement (Freedom Financial Holdings Inc), Employment Agreement (International Telecommunication Data Systems Inc), Employment Agreement (International Telecommunication Data Systems Inc)
Waiver of Breach. The waiver by the either party of the a breach of any provision of this Agreement by the other party shall not operate or nor be construed as a waiver of any subsequent breach by either the other party.
Appears in 15 contracts
Samples: Control Agreement (Successories Inc), Employment Agreement (Optek Technology Inc), Employment Agreement (Optek Technology Inc)
Waiver of Breach. The waiver by either party of the 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 by either partyother breach.
Appears in 14 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Breach. The waiver by either any party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either 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 (Alloy Steel International Inc)
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof any provision of this Agreement.
Appears in 13 contracts
Samples: Second Signal Customer Agreement, Customer Agreement, Severance, Consulting and Noncompete Agreement (Fresh Foods Inc)
Waiver of Breach. The waiver by either any party of the breach hereto of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either 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 the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof 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 the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partythe 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 the breach of any provision of this Agreement shall not operate constitute a continuing waiver or be construed as a waiver of any subsequent breach by of either partythe same or any other provision of this Agreement.
Appears in 11 contracts
Samples: Behavioral Health Provider Agreement, Pho Provider Professional Services Agreement, Pho Provider Professional Services Agreement
Waiver of Breach. The waiver by either party any Party of the a breach of any provision of this Agreement shall not will neither operate or nor be construed as a waiver of any subsequent breach by either partybreach.
Appears in 11 contracts
Samples: Non Competition (Republic Services, Inc.), Non Competition (Republic Services, Inc.), Non Competition (Republic Services, Inc.)
Waiver of Breach. The waiver Waiver by either party of the a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the other party. No waiver shall be valid unless in writing and signed by the party against whom the waiver is sought.
Appears in 10 contracts
Samples: Employment Agreement (Pharmaceutical Product Development Inc), Employment Agreement (Pharmaceutical Product Development Inc), Employment Agreement (Pharmaceutical Product Development Inc)
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 the a breach of any provision term of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach by either partythereof.
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 by either party of the a breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent breach by either partythereof.
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 any party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 9 contracts
Samples: Chief Compliance Officer Agreement (Manager Directed Portfolios), Chief Compliance Officer Agreement (ETF Series Solutions), Chief Compliance Officer Agreement (ETF Series Solutions)
Waiver of Breach. The waiver Waiver by either any party of the 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 by either partyhereof.
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 (Meridian Medical Technologies Inc)
Waiver of Breach. The waiver Waiver by either party of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either the other party.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (First Chester County Corp), Employment Agreement (First Chester County Corp), Employment Agreement (First Chester County Corp)
Waiver of Breach. The waiver Waiver by either any party of the breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach by either the other party.
Appears in 9 contracts
Samples: Employment Agreement (Santa Barbara Restaurant Group Inc), Employment Agreement (Certegy Inc), Employment Agreement (Fidelity National Financial Inc /De/)
Waiver of Breach. The waiver by of either party of the a breach of any provision of this Agreement shall Agreement, which waiver must be in writing to be effective, will not operate as or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 9 contracts
Samples: Cross Country Healthcare Inc, Cross Country Healthcare Inc, Cross Country Healthcare Inc
Waiver of Breach. The waiver by either any party hereto of the a breach of any provision of this Amended Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach by either any party.
Appears in 8 contracts
Samples: Executive Employment Agreement (Petroquest Energy Inc), Executive Employment Agreement (Petroquest Energy Inc), Amended Executive Employment Agreement (Petroquest Energy Inc)
Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. Any waiver by either party must be in writing and signed by a representative who has the authority to bind such party.
Appears in 8 contracts
Samples: Facilities Consulting, Noncompetition Agreement (TomoTherapy Inc), Stock Option Award Agreement (Obagi Medical Products, Inc.)
Waiver of Breach. The waiver by of either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof this Agreement.
Appears in 8 contracts
Samples: Separation and General Release Agreement (Dyntek Inc), Separation and General Release Agreement (Dyntek Inc), Conversion and Settlement Agreement (Dyntek Inc)
Waiver of Breach. The waiver by either any party hereto of the a ---------------- breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 8 contracts
Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Grand Havana Enterprises Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not be effective unless in writing signed by the party to be charged therewith and will not operate or be construed as a waiver of any other subsequent breach by either partybreach.
Appears in 7 contracts
Samples: Employment Agreement (Community Care Services Inc), Employment Agreement (Community Care Services Inc), Employment Agreement (Community Care Services Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach by either partythereof.
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 waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach breach. No waiver shall be valid unless in writing and signed by either partyan 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 the 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 by either partybreach.
Appears in 7 contracts
Samples: Employment Agreement (Micros Systems Inc), Employment Agreement (Micros Systems Inc), Consulting Agreement (Micros Systems Inc)
Waiver of Breach. The waiver or ratification by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver or ratification of any subsequent breach by either partyparty to this Agreement.
Appears in 7 contracts
Samples: Chairman Agreement, Consulting Agreement (Rockwell Collins Inc), Transition and Consulting Agreement (Rockwell Collins Inc)
Waiver of Breach. The waiver by either party Party of the any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
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 of either party of the any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof that same or any other provision.
Appears in 6 contracts
Samples: Communications Dispatch Service Agreement, Service Agreement, Service Agreement
Waiver of Breach. The waiver by of either party of the a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach by either partythereof 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 by either of any party of the 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 by either partybreach. 13.
Appears in 6 contracts
Samples: Share Purchase Agreement (Vector Aeromotive Corp), Shareholders Agreement and Option (American Dream International LTD), Share Purchase Agreement (American Dream International LTD)
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partythe 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 A waiver by either party any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyParty.
Appears in 6 contracts
Samples: Agreement, Cooperation Agreement, Demolition Agreement
Waiver of Breach. The waiver by either party of the a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by either 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 party of the a breach of any ---------------- provision of this Agreement Agreement, shall not operate or be construed as a waiver of any subsequent breach by either 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 either any party hereto of the 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 by either any party.
Appears in 6 contracts
Samples: Executive Employment Agreement (Century Maintenance Supply Inc), Employment Agreement (Envirosource Inc), Employment Agreement (Century Maintenance Supply Inc)
Waiver of Breach. The waiver by either party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either any party.
Appears in 6 contracts
Samples: Agreement (Life Usa Holding Inc /Mn/), Tax Sharing Agreement (Equity Residential Properties Trust), Tax Sharing Agreement (Equity Residential Properties Trust)
Waiver of Breach. The waiver by failure of either party of the 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 by either partybreach.
Appears in 5 contracts
Samples: System and Services Agreement, Commission Agreement, Agreement
Waiver of Breach. The waiver by either a party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.breach
Appears in 5 contracts
Samples: Employment and Noncompetition Agreement (U S Online Communications Inc), Employment and Noncompetition Agreement (Firstlink Communications Inc), Employment and Noncompetition Agreement (Firstlink Communications Inc)
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement shall not operate or be construed as deemed a waiver of any subsequent breach by either partybreach.
Appears in 5 contracts
Samples: Coffee Exclusive License Agreement, Coffee Exclusive License Agreement (Tullys Coffee Corp), Coffee Exclusive License Agreement (Tullys Coffee Corp)
Waiver of Breach. The waiver Failure by either party of the 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 of a provision of this Agreement shall not be construed as deemed a waiver of any subsequent breach by either partyand shall not be construed to be a modification of the terms of this Agreement.
Appears in 5 contracts
Samples: Maintenance Agreement, Maintenance Agreement, Maintenance Agreement
Waiver of Breach. The waiver by of either party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyART 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: Grant Agreement (Arrhythmia Research Technology Inc /De/), Grant Agreement (Arrhythmia Research Technology Inc /De/), Employment Agreement (Arrhythmia Research Technology Inc /De/)
Waiver of Breach. The waiver of any breach of this Agreement by either party of the breach of any provision of this Agreement shall not operate or be construed as constitute a continuing waiver of any subsequent breach by of either partythe same or any other provision of this Agreement.
Appears in 5 contracts
Samples: www.sec.gov, Hawaii Medical Service Association Dental, Hawaii Medical Service Association
Waiver of Breach. The waiver of any breach of this Agreement by either party of the breach of any provision of this Agreement shall not operate or be construed as constitute a continuing waiver of any subsequent breach by of either partythe same or any other provisions of this Agreement.
Appears in 5 contracts
Samples: Shared Savings Provider Agreement (Prospect Medical Holdings Inc), Savings Provider Agreement (Prospect Medical Holdings Inc), Provider Agreement (Prospect Medical Holdings Inc)
Waiver of Breach. The waiver by of either party of the a breach of any provision of this the Agreement shall not operate or be construed as a waiver of any subsequent breach by either 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 the 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 by either party.
Appears in 5 contracts
Samples: Technology Transfer Agreement (Omeros Corp), Technology Transfer Agreement (Omeros Corp), Second Technology Transfer Agreement (Omeros Corp)
Waiver of Breach. The Any waiver by either party of the a breach of any provision of this Agreement shall will not operate or be construed as constitute a waiver of any subsequent breach by either partyfurther breach, whether of a similar or dissimilar nature.
Appears in 4 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 waiver by of either party of the 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 by either partybreach.
Appears in 4 contracts
Samples: Agreement (Marchex Inc), Agreement (Marchex Inc), Executive Employment Agreement (Marchex Inc)
Waiver of Breach. The waiver by either party a Party of the a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partybreach.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Puget Sound Power & Light Co /Wa/), 154 Agreement (Puget Sound Energy Inc), 153 Agreement (Puget Sound Energy Inc)
Waiver of Breach. The waiver by either party of the a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or any other term or provision by either party.
Appears in 4 contracts
Samples: Consulting Agreement, Supply Agreement (CytoCore Inc), Distribution Agreement (Athena Medical Corp)
