Waiver of Breach. The waiver by 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 by any party.
Appears in 114 contracts
Samples: Employment Agreement (Sonic Corp), Employment Agreement (Sonic Corp), Agreement and Plan of Merger (Bank of the Ozarks Inc)
Waiver of Breach. The Any waiver by any either party hereto of or 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 any party.
Appears in 54 contracts
Samples: Consulting Agreement (Vivakor, Inc.), Consulting Agreement (Vivakor, Inc.), Consulting Agreement (Wikisoft Corp.)
Waiver of Breach. The Any waiver by any either party hereto of a breach of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by any partysuch party of a provision of this Agreement.
Appears in 44 contracts
Samples: Confidentiality and Noncompetition Agreement (Famous Daves of America Inc), Employment Agreement (Uroplasty Inc), Employment Agreement (Uroplasty Inc)
Waiver of Breach. The waiver by any either party hereto 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 by any such party. No waiver shall be valid unless in writing and signed by an authorized officer of the Company or Consultant.
Appears in 42 contracts
Samples: Consulting Agreement (MoneyOnMobile, Inc.), Consulting Services Agreement (Bigfoot Project Investments Inc), Consulting Services Agreement (Bigfoot Project Investments Inc)
Waiver of Breach. The waiver by any either party hereto 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 breach by any the other party.
Appears in 41 contracts
Samples: Marketing and Distribution Agreement (Applied BioSciences Corp.), Consulting Agreement (Entest Biomedical, Inc.), Consulting Agreement (Regen BioPharma Inc)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any subsequent breach by any partyother breach.
Appears in 41 contracts
Samples: Employment Agreement (Network 1 Technologies Inc), Stock Option Agreement (Network 1 Security Solutions Inc), Employment Agreement (Health Benefits Direct Corp)
Waiver of Breach. The waiver by any either party hereto 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 by any partyof 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 any party hereto 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 by any partybreach.
Appears in 24 contracts
Samples: Employment Agreement (UBL Interactive,Inc.), Employment Agreement (UBL Interactive,Inc.), Employment Agreement (UBL Interactive,Inc.)
Waiver of Breach. The A waiver by any party hereto 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 by any either party.
Appears in 20 contracts
Samples: Facility Use Agreement, Lease and Management Agreement, Attachment D Sample Agreement
Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement by a party hereto shall not operate or be construed as a waiver wavier of any subsequent breach by any partythe other party hereto.
Appears in 20 contracts
Samples: Employment Agreement (WGNB Corp), Employment Agreement (WGNB Corp), Amended and Restated Agreement (HSW International, Inc.)
Waiver of Breach. 14.1 The waiver by either party of 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 by of that same or any partyother provision.
Appears in 19 contracts
Samples: Agreement for Goods and Services, Agreement for Goods and Services, Agreement for Goods and Services
Waiver of Breach. The waiver by any either party hereto 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 breach by such other party. The failure of a party to exercise any partyrights or privileges under this Agreement shall not be deemed to be a waiver or extinguishment of such rights or privileges, all of which shall continue to be exercisable.
Appears in 18 contracts
Samples: Employment Agreement (TaxMasters, Inc.), Employment Agreement (TaxMasters, Inc.), Employment Agreement (TaxMasters, Inc.)
Waiver of Breach. The waiver by of 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 breach. Each and every right, remedy and power hereby granted to any party or allowed it by law shall be cumulative and not exclusive of any partyother.
Appears in 17 contracts
Samples: Employment Agreement (Malibu Boats, Inc.), Employment Agreement (Malibu Boats, Inc.), Employment Agreement
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as by a waiver of any subsequent breach by any partybreach.
Appears in 16 contracts
Samples: Employment Agreement (Qualsec), Employment Agreement (Qualsec), Consulting Agreement (Vista Laser Centers of the Pacific Inc)
Waiver of Breach. The waiver Waiver by any either party hereto 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 by any partyand shall not be construed to be a modification of the terms of this Agreement.
Appears in 16 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Breach. The waiver by any either party hereto 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 breach by any partybreach.
Appears in 15 contracts
Samples: Employment Agreement (A21 Inc), Employment Agreement (A21 Inc), Employment Agreement (A21 Inc)
Waiver of Breach. The Any waiver by any party hereto of a breach of any a provision of this Agreement Agreement, or any delay or failure to exercise a right under a provision of this Agreement, by either party, shall not operate or be construed as a waiver of that or any other subsequent breach by any partyor right.
Appears in 14 contracts
Samples: Employment Agreement (Senesco Technologies Inc), Employment Agreement (Ab Watley Group Inc), Employment Agreement (Return Assured Inc)
Waiver of Breach. The waiver by any a party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any partyof this Agreement.
Appears in 11 contracts
Samples: Management Agreement (Metasolutions, Inc.), Investor Relations Agreement (U.S. Natural Nutrients & Minerals, Inc.), Stock Transfer and Consulting Agreement (Availent Financial Inc)
Waiver of Breach. The waiver by any party hereto either Company or Executive of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach by any either party.
Appears in 11 contracts
Samples: Severance Agreement (Qwest Communications International Inc), Severance Agreement (Qwest Communications International Inc), Severance Agreement (Qwest Communications International Inc)
Waiver of Breach. The waiver by any either party hereto to this Agreement of a breach of any provision of this the Agreement by the other party shall not operate or be construed as a waiver by such party of any subsequent breach by any such other party.
Appears in 11 contracts
Samples: Employment Agreement (Bayard Drilling Technologies Inc), Employment Agreement (Aviva Petroleum Inc /Tx/), Employment Agreement (Aviva Petroleum Inc /Tx/)
Waiver of Breach. The waiver by any either party hereto of a the 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 any such other party.
Appears in 9 contracts
Samples: Independent Ncesd Agreement, Independent Contractor Agreement, Interagency Agreement
Waiver of Breach. The Any waiver by any party hereto either Party of a breach of compliance with any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by any partysuch Party of a provision of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Fresh Vine Wine, Inc.), Employment Agreement (Fresh Vine Wine, Inc.), Employment Agreement (Fresh Vine Wine, Inc.)
Waiver of Breach. The waiver by any a party hereto of a breach of any provision of this Agreement by another party shall not operate or be construed as a waiver of any subsequent breach by any the breaching party.
Appears in 9 contracts
Samples: Supervisory Consulting Agreement (TaxMasters, Inc.), Rescission and Substitution Agreement and Release (Global Resource CORP), Rescission and Substitution Agreement and Release (Global Resource CORP)
Waiver of Breach. The waiver Waiver by any either party hereto 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 by any such other party.
Appears in 9 contracts
Samples: Employment Agreement (Volt Information Sciences, Inc.), Consulting Agreement (Volt Information Sciences, Inc.), Volt Information Sciences, Inc.
Waiver of Breach. The waiver by any 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 by any partybreach.
Appears in 8 contracts
Samples: Senior Advisor Agreement (Hawk Corp), Senior Advisor Agreement (Hawk Corp), Employment Agreement (Hawk Corp)
Waiver of Breach. The waiver by any party hereto 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 breach by any of either party.
Appears in 8 contracts
Samples: Employment Agreement (Dmi Furniture Inc), Employment Agreement (Dmi Furniture Inc), Employment Agreement (Dmi Furniture Inc)
Waiver of Breach. The It is agreed that a waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed as a waiver of any subsequent breach by any that same party.
Appears in 8 contracts
Samples: Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.)
Waiver of Breach. The waiver by any party hereto the Company or by the Advisor of a breach of any provision of this Agreement shall by the other party will not operate operate, or be construed construed, as a waiver of any subsequent other breach by any of such other party.
Appears in 7 contracts
Samples: Board Agreement (Stem Cell Therapy International, Inc.), Board Agreement (Stem Cell Therapy International, Inc.), Board Agreement (Stem Cell Therapy International, Inc.)
Waiver of Breach. The waiver by any either party hereto 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 breach by any such party.
Appears in 7 contracts
Samples: Employment Agreement (Advanced Switching Communications Inc), Employment Agreement (Science Dynamics Corp), Carrier Access Corp
Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 7 contracts
Samples: Employment and Separation Agreement (Universal Electronics Inc), Consulting Agreement (Universal Electronics Inc), Consulting Agreement (Universal Electronics Inc)
Waiver of Breach. The A waiver by any a party hereto of a breach of any provision of this Employment Agreement shall not operate or be construed as a waiver of any subsequent breach by the other party of the same or any partyother provision of this Employment Agreement.
Appears in 6 contracts
Samples: Executive Employment Agreement (Tristar Corp), Executive Employment Agreement (Tristar Corp), Executive Employment Agreement (Tristar Corp)
Waiver of Breach. The waiver by any party hereto to this Agreement of a breach or violation of any provision of this Agreement provisions hereof shall not operate or be construed as to be a waiver of any subsequent breach by any partyhereof.
Appears in 6 contracts
Samples: Consulting Agreement (Castle Dental Centers Inc), Employment Agreement (Castle Dental Centers Inc), Employment Agreement (Castle Dental Centers Inc)
Waiver of Breach. The waiver by any either party hereto 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 breach by any of such breaching party.
Appears in 6 contracts
Samples: Employment Agreement (Xpedior Inc), Employment Agreement (Corestaff Inc), Employment Agreement (Xpedior Inc)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this Agreement by the other party hereto shall not operate or be construed as a waiver by such party of any subsequent breach by any of such other party.
Appears in 6 contracts
Samples: Employment Agreement (Copano Energy, L.L.C.), Employment Agreement (Copano Energy, L.L.C.), Employment Agreement (Computerized Thermal Imaging Inc)
Waiver of Breach. The waiver by any one party hereto 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 breach by any the other party.
Appears in 6 contracts
Samples: Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc)
Waiver of Breach. The waiver by any a party hereto 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 by any partyof the same or another provision hereof.
Appears in 6 contracts
Samples: Management Services Agreement (Celerity Group Inc), Tax Sharing Agreement (Celerity Group Inc), Confidential Disclosure Agreement (Celerity Group Inc)
Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver wavier of any subsequent breach by any party.
Appears in 6 contracts
Samples: Consulting Agreement (Beamz Interactive Inc), Consulting Agreement (Million Dollar Saloon Inc), Consulting Agreement (Mobility Electronics Inc)
Waiver of Breach. The waiver by any party hereto 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 by any party.
Appears in 6 contracts
Samples: Crossing Agreement, License and Easement Agreement, Donation Agreement
Waiver of Breach. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed as constructed to be, a waiver of any subsequent breach by any partyof the same or other provision in this Agreement.
Appears in 6 contracts
Samples: House Staff Agreement, House Staff Agreement, House Staff Agreement
Waiver of Breach. The waiver by any either party hereto 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 by any partybreach. 17.
Appears in 5 contracts
Samples: Employment Agreement (Syntro Corp /De/), Employment Agreement (Syntro Corp /De/), Employment Agreement (Syntro Corp /De/)
Waiver of Breach. The waiver by any party hereto 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 by hereof, or as to any partyparty hereto.
Appears in 5 contracts
Samples: Service Agreement, School Governing Board, Service Agreement
Waiver of Breach. The A waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed considered as a waiver of any subsequent breach by any party.
Appears in 5 contracts
Samples: madern.com, madern.com, ajb.nl
Waiver of Breach. The waiver by any party part hereto of a breach of any provision of this Agreement agreement shall not operate or be construed as a waiver by said party of any other or subsequent breach by any partybreach.
Appears in 5 contracts
Samples: Employment Agreement (Everlast Worldwide Inc), Employment Agreement (Everlast Worldwide Inc), Ere Retainer Agreement (Everlast Worldwide Inc)
Waiver of Breach. The waiver by any 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 by any either party.
Appears in 5 contracts
Samples: Patent License Agreement (Majestic Safe-T-Products LTD), License Agreement (Majestic Companies LTD), Patent License Agreement (Majestic Companies LTD)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this Agreement hereof shall not operate or be construed to operate as a waiver by such party of any subsequent breach by the other party of any partyprovision hereof.
Appears in 5 contracts
Samples: Employment Agreement (National Management Consultants Inc), Employment Agreement (National Management Consultants Inc), Employment Agreement (Cdknet Com Inc)
Waiver of Breach. The waiver by any either party hereto 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 breach breach, and shall not be deemed a change in the terms of this Agreement. No waiver shall be valid unless approved in writing and signed by the waiving party. The failure of any partyparty to enforce any provision of this Agreement shall not be construed as a modification or waiver of any of the terms of this Agreement, nor prevent that party from enforcing each and every term of this Agreement at a later time.
Appears in 5 contracts
Samples: Employment Agreement (Accelera Innovations, Inc.), Stock Purchase Agreement (Accelera Innovations, Inc.), Employment Agreement (Accelera Innovations, Inc.)
Waiver of Breach. 15.1 The waiver by either party of 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 by of that same or any partyother provision.
Appears in 5 contracts
Samples: Contractor Agreement, Contractor Agreement, Contractor Agreement
Waiver of Breach. The A waiver by either party of any party hereto of a breach of any provision the provisions of this Agreement by the other party, or, in any particular instance or series of instances, of any term or condition of this Agreement, shall not operate constitute or be construed as deemed a waiver of such breach or of any subsequent breach such term or condition in any other instance nor shall any waiver constitute a continuing waiver hereunder. No waiver shall be binding unless executed in writing by any partythe party making the waiver.
Appears in 4 contracts
Samples: Employment Agreement (Voyager Pharmaceutical Corp), Employment Agreement (American Lawyer Media Holdings Inc), Employment Agreement (PPC Publishing Corp)
Waiver of Breach. The waiver by 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 breach. Each and every right, remedy and power hereby granted to any party hereto or allowed it by law shall be cumulative and not exclusive of any partyother.
Appears in 4 contracts
Samples: Employment Agreement (Arcadia Resources, Inc), Employment Agreement (Arcadia Resources, Inc), Employment Agreement (Arcadia Resources, Inc)
Waiver of Breach. The waiver by any a party hereto of a breach of any provision of this Agreement by the other party hereto shall not operate or be construed as a waiver of any subsequent breach by any such party.
Appears in 4 contracts
Samples: Employment Agreement (Diversified Senior Services Inc), Executive Employment Agreement (Diversified Senior Services Inc), Employment Agreement (Diversified Senior Services Inc)
Waiver of Breach. The Any waiver by any party hereto of a breach of any a provision of this Agreement ------------------ Agreement, or any delay or failure to exercise a right under a provision of this Agreement, by either party, shall not operate or be construed as a waiver of that or any other subsequent breach by any partyor right.
Appears in 4 contracts
Samples: Employment Agreement (Senesco Technologies Inc), Employment Agreement (Contessa Corp /De), Employment Agreement (Nava Leisure Usa Inc)
Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement shall by any other party will not operate or be construed as a waiver of any subsequent breach by of that provision or any partyother provision thereby.
Appears in 4 contracts
Samples: Management Agreement (Zap), Management Agreement (Medical Device Manufacturing, Inc.), Management Agreement (TransCore Atlantic, Inc.)
Waiver of Breach. The Any waiver by any party hereto of a breach of any a provision of this Agreement ---------------- Agreement, or any delay or failure to exercise a right under a provision of this Agreement, by either party, shall not operate or be construed as a waiver of that or any other subsequent breach by any partyor right.
Appears in 4 contracts
Samples: Employment Agreement (Evergood Products Corp), Employment Agreement (Evergood Products Corp), Employment Agreement (Evergood Products Corp)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision provision(s) of this Agreement shall not operate or be construed as a waiver of any subsequent breach by of the same or any partyother provision(s) of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Sterling Construction Co Inc), Employment Agreement (Sterling Construction Co Inc), Executive Employment Agreement (Sterling Construction Co Inc)
Waiver of Breach. 13.1 The waiver by either party of 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 by of that same or any partyother provision.
Appears in 4 contracts
Samples: Contractor Agreement, Sales Agreement, Contractor Agreement
Waiver of Breach. The waiver by any either party hereto 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 by any partyof the same or other provision in this Agreement.
Appears in 4 contracts
Samples: boardsandcommissions.sd.gov, southdakotasearchlight.com, www.rcgov.org
Waiver of Breach. The waiver by any a party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by of the same or any partyother provision of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Sterling Construction Co Inc), Executive Employment Agreement (Sterling Construction Co Inc), Hemsley Executive Employment Agreement (Sterling Construction Co Inc)
Waiver of Breach. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as to constitute a waiver of any subsequent breach by any partyor violation of the same or other provision thereof.
Appears in 4 contracts
Samples: Agreement, Right of Way Maintenance Services Agreement With Premier, Sample Model Contract
Waiver of Breach. The waiver by any either party hereto to this Agreement of a breach of any provision of this Agreement hereof by the other party shall not operate or be construed as a waiver of any subsequent breach by any of such party.
Appears in 4 contracts
Samples: Employment Agreement (Medcenterdirect Com Inc), Employment Agreement (Medcenterdirect Com Inc), Employment Agreement (Medcenterdirect Com Inc)
Waiver of Breach. The waiver by any either party hereto 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 by any partyof the same or another provision.
Appears in 4 contracts
Samples: Service Agreement (Asah Corp), Service Agreement (Asah Corp), Service Agreement (Asah Corp)
Waiver of Breach. The waiver by any party hereto to this AGREEMENT of a breach of any provision of this Agreement AGREEMENT shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Investment Advisory Agreement (Kiewit Investment Fund LLLP), Investment Advisory Agreement (Kiewit Investment Fund LLLP), Investment Advisory Agreement (Kiewit Investment Fund LLLP)
Waiver of Breach. The waiver by any either party hereto 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 by of the same or any partyother provisions hereof.
Appears in 3 contracts
Samples: Technical Services Agreement (Gulf Indonesia Resources LTD), Administrative Services Agreement (Gulf Indonesia Resources LTD), Information Services Agreement (Gulf Indonesia Resources LTD)
Waiver of Breach. The Any waiver by any either party hereto 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 breach by any the other party.
Appears in 3 contracts
Samples: Consulting Agreement (Marketing Worldwide Corp), Consulting Agreement (Marketing Worldwide Corp), Consulting Agreement (Marketing Worldwide Corp)
Waiver of Breach. The waiver by any 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 by of the same or any partyother provision of this Agreement.
Appears in 3 contracts
Samples: Chief Marketing Officer Employment Agreement (Eagle Usa Airfreight Inc), Chief Financial Officer Employment Agreement (Eagle Usa Airfreight Inc), Chief Executive Officer Employment Agreement (Eagle Usa Airfreight Inc)
Waiver of Breach. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate or as, nor be construed as to be, a waiver of any subsequent breach by any partythereof.
Appears in 3 contracts
Samples: Employee Assistance Program Services Agreement, Administrative Services Agreement (Lifemark Corp /De/), Health Services Agreement (Lifemark Corp /De/)
Waiver of Breach. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall will not operate as or be construed as a waiver of any subsequent breach by any partyof this Agreement.
Appears in 3 contracts
Samples: Professional Services Agreement, hsc.unm.edu, New Mexico Collaborative Agreement
Waiver of Breach. The waiver by any either party hereto of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any such party.
Appears in 3 contracts
Samples: Directors’ Non Qualified Stock Option Agreement (Circle Bancorp), Incentive Stock Option and Stock Appreciation Right Agreement (Circle Bancorp), Incentive Stock Option Agreement (San Rafael Bancorp)
Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of any subsequent breach by any either party. No waiver shall be valid unless it is in writing and signed by an authorized officer of the party granting the waiver.
Appears in 3 contracts
Samples: Employee Lease Agreement, Provide Services (Desa Holdings Corp), Provide Services (Desa Holdings Corp)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as, or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp Inc)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this thus Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any subsequent breach by any such other party.
Appears in 3 contracts
Samples: Executive Employment Agreement (Newgold Inc), Executive Employment Agreement (Newgold Inc), Consulting Agreement (Ivivi Technologies, Inc.)
Waiver of Breach. The A waiver by any party hereto 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 by any partyParty.
Appears in 3 contracts
Samples: Pueblo Animal Services, www.pueblo.us, www.pueblo.us
Waiver of Breach. The 11 It is agreed that a waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed as a waiver of any subsequent breach by any that same party.
Appears in 3 contracts
Samples: Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.)
Waiver of Breach. The waiver by any party hereto to this Agreement of a any breach or violation of any provision of this Agreement by the other party hereto shall not operate or be construed as to be a waiver of any subsequent breach by any partyof violation thereof.
Appears in 3 contracts
Samples: Merchandise Servicing Agreement (Aeropostale Inc), Interim Merchandise Servicing Agreement (Aeropostale Inc), Merchandise Servicing Agreement (Aeropostale Inc)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as, or be construed as as, a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp Inc)
Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement by either Party shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Consulting Services, Terms and Conditions, Terms and Conditions
Waiver of Breach. The waiver by of any party hereto of a breach of any provision of this Agreement or the failure to enforce any provision shall not operate or be construed as a waiver of any subsequent later breach by any party.
Appears in 3 contracts
Samples: Escrow Agreement (Internap Network Services Corp/Wa), Internap Network Services Corp/Wa, Internap Network Services Corp/Wa
Waiver of Breach. The waiver by any either party hereto of a breach of any provision provisions of this Agreement shall not operate or to be construed as a waiver of any subsequent breach by of the same or any partyother provision of this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Certified Diabetic Services Inc), Employment Agreement (Certified Diabetic Services Inc), Employment Agreement (Certified Diabetic Services Inc)
Waiver of Breach. The waiver by any party hereto of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Boyd Bros Transportation Inc, Boyd Bros Transportation Inc, Professional Transporation Group LTD
Waiver of Breach. The waiver by any a party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any partybreach.
Appears in 3 contracts
Samples: Agreement (Puget Sound Energy Inc), Employment Agreement (Midcom Communications Inc), Service Agreement (Introgen Therapeutics Inc)
Waiver of Breach. The A Party's waiver by any party hereto of a another Party's breach of any term or provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach by any partyParty.
Appears in 3 contracts
Samples: Center Authority, Intergovernmental Agreement, rtpo.mesacounty.us
Waiver of Breach. The waiver by any a 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 by a party. The failure of a party to insist upon strict adherence to any party.provision of this Agreement
Appears in 3 contracts
Samples: Management Contract (Futures Dimension Fund), Management Contract (Futures Dimension Fund), Management Contract (Future Fund Ii)
Waiver of Breach. The A waiver by any either party hereto of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any breach of another provision or subsequent breach by any partyof the same provision.
Appears in 3 contracts
Samples: Employment Agreement (Comple Tel LLC), Employment Agreement (Comple Tel Europe Nv), Employment Agreement (Comple Tel LLC)
Waiver of Breach. The It is agreed that a waiver by any either party hereto of a breach of any provision of this Agreement shall will not operate operate, or be construed construed, as a waiver of any subsequent breach by any that same party.
Appears in 3 contracts
Samples: Employment Agreement (Bally's Corp), Employment Agreement (Bally's Corp), Employment Agreement (Bally's Corp)
Waiver of Breach. The waiver by any one party hereto 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 breach by any the other party, whether of a same or different nature.
Appears in 2 contracts
Samples: Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc)
Waiver of Breach. The waiver by of any 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 by any party.
Appears in 2 contracts
Samples: Employment Contract (ADVISORS REIT I, Inc), Employment Contract (Advisors REIT I, Inc.)
Waiver of Breach. The waiver by any of either party hereto of a breach or violation of any provision part of this Agreement shall AGREEMENT will not operate as, or be construed as to be, a waiver of any subsequent breach by any partyof the same or other part hereof.
Appears in 2 contracts
Samples: www.kentoncounty.org, Agreement for The
Waiver of Breach. The waiver by any either party hereto of 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 any such other party.
Appears in 2 contracts
Samples: Employment and Consulting Agreement (Telco Systems Inc /De/), Employment and Consulting Agreement (Telco Systems Inc /De/)
Waiver of Breach. 9.01 The waiver by any either party hereto of 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 any such party.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement
Waiver of Breach. The A waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate operate, or be construed as to be, a waiver of any subsequent breach by any partyof the same or other provisions hereof.
Appears in 2 contracts
Samples: Ground Lease Agreement, Lease Agreement
Waiver of Breach. The waiver by either party of any party hereto of a breach of any provision of this Agreement shall not operate or to be construed as a waiver of any subsequent breach by any partybreach.
Appears in 2 contracts
Samples: Consulting Agreement (Cs Wireless Systems Inc), Consulting Agreement (Cs Wireless Systems Inc)
Waiver of Breach. The waiver by any either party hereto 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 by any partyof the same or other provision hereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Allion Healthcare Inc), Asset Purchase Agreement (Hispanic Television Network Inc)
Waiver of Breach. The waiver by any party hereto of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any other party.
Appears in 2 contracts
Samples: Option Surrender Agreement (American Medical Security Group Inc), Option Surrender Agreement (American Medical Security Group Inc)
Waiver of Breach. The A waiver by any either party hereto of a breach of any provision of this Agreement by the other party shall not operate or neither constitute nor be construed as a waiver by that party of any subsequent breach by any partylater similar breaches.
Appears in 2 contracts
Samples: Employment Agreement (Intraware Inc), Employment Agreement (Shrena Software Inc)
Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver waive of any subsequent breach by any of such party.
Appears in 2 contracts
Samples: Employment Agreement (Voyager Net Inc), Employment Agreement (Voyager Net Inc)
Waiver of Breach. The waiver by any party 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 by any partyParty.
Appears in 2 contracts
Samples: Supplemental Executive Retirement Plan Agreement (Silverleaf Resorts Inc), Supplemental Executive Retirement Plan Agreement (Silverleaf Resorts Inc)
Waiver of Breach. The waiver by any of either party hereto of a breach of any provision pro vision 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 any party.breach,
Appears in 2 contracts
Samples: Cross Country Inc, Cross Country Inc
Waiver of Breach. The waiver or failure to act by any party hereto of following a breach of any provision or term of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party.
Appears in 2 contracts
Samples: Service Expansion Agreement, Service Expansion Agreement
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall will not operate as, or be construed as to be, a waiver of any subsequent breach by any partyof the same or other provision.
Appears in 2 contracts
Samples: Partnership Interest Purchase and Sale Agreement (Hboa Holdings Inc), Partnership Interest Purchase and Sale Agreement (Hboa Holdings Inc)
Waiver of Breach. The waiver by any party either of the parties hereto of a any breach of any provision of this Agreement hereof shall not operate or be construed as to be a waiver of any subsequent succeeding breach by of that provision or a waiver of any partyother provision of this Letter Agreement.
Appears in 2 contracts
Samples: Letter Agreement (Molecular Biosystems Inc), Letter Agreement (Molecular Biosystems Inc)
Waiver of Breach. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or to be construed as a waiver of any subsequent breach by of the same or any partyother provision of this Agreement.
Appears in 2 contracts
Samples: Employment Contract (Food Court Entertainment Network Inc), Food Court Entertainment Network Inc
