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 240 contracts
Samples: Employment Agreement (KOHLS Corp), Employment Agreement (Tempur Sealy International, Inc.), Executive Employment Agreement (Mister Car Wash, 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 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 shall not operate or be construed as a waiver of any subsequent breach by either 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 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 36 contracts
Samples: Tax Sharing Agreement, Human Plasma Supply Agreement (Seracare Life Sciences Inc), Transitional Services Agreement (Catapult Communications Corp)
Waiver of Breach. The waiver by either any party of the breach of any provision of this Agreement by the other party or the failure of any party to exercise any right granted to it hereunder shall not operate or be construed as a the waiver of any subsequent breach by either partysuch other party nor the waiver of the right to exercise any such right.
Appears in 31 contracts
Samples: Executive Employment Agreement (mCloud Technologies Corp.), Executive Employment Agreement (mCloud Technologies Corp.), Executive Employment Agreement (mCloud Technologies Corp.)
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.), Employment Agreement (C&d Technologies Inc)
Waiver of Breach. 14.1 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 that same or any other provision.
Appears in 20 contracts
Samples: Goods and Services Agreement, Goods and Services Agreement, Goods and Services Agreement
Waiver of Breach. The waiver by either any party 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 any other provision hereof.
Appears in 20 contracts
Samples: Asset Purchase Agreement, Real Estate Purchase Agreement (Sunlink Health Systems Inc), Real Estate Purchase Agreement (Sunlink Health Systems 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 such other party. The failure of a party to exercise any rights 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 19 contracts
Samples: Employment Agreement (TaxMasters, Inc.), Employment Agreement (TaxMasters, Inc.), Employment Agreement (TaxMasters, 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 A waiver by either 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 party.
Appears in 19 contracts
Samples: Lease and Management Agreement, Contractual Services Agreement, Contract Agreement
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 by a waiver of any subsequent breach by either partybreach.
Appears in 17 contracts
Samples: Employment Agreement (Qualsec), Employment Agreement (Qualsec), Consulting Agreement (Vista Laser Centers of the Pacific Inc)
Waiver of Breach. The waiver by either party of the 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 other provision hereof.
Appears in 17 contracts
Samples: Asset Purchase Agreement, Debt and Equity Purchase Agreement (Medcath Corp), Equity Purchase Agreement (Medcath Corp)
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 breach. Each and every right, remedy and power hereby granted to any party or allowed it by either partylaw shall be cumulative and not exclusive of any other.
Appears in 17 contracts
Samples: Employment Agreement (Malibu Boats, Inc.), Employment Agreement (Malibu Boats, Inc.), Employment Agreement
Waiver of Breach. The waiver by either party hereto 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 15 contracts
Samples: Advisory Agreement (A21 Inc), Employment Agreement (A21 Inc), Employment Agreement (A21, Inc.)
Waiver of Breach. The Any waiver by either party of the 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 either partyor right.
Appears in 14 contracts
Samples: Employment Agreement (Senesco Technologies Inc), Employment Agreement (Return Assured Inc), Employment Agreement (Assure Energy Inc)
Waiver of Breach. The waiver by either a 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 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 either party to this Agreement of the a breach of any provision of this Agreement thereof by the other party shall not operate or be construed as a waiver of any subsequent breach by either of such party.
Appears in 10 contracts
Samples: Employment Agreement (Caremark Rx Inc), Employment Agreement (Medpartners Inc), Employment Agreement (Medpartners 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 as a waiver of any subsequent breach by either such other party.
Appears in 9 contracts
Samples: Employment Agreement (Volt Information Sciences, Inc.), Consulting Agreement (Volt Information Sciences, Inc.), Employment Agreement (Volt Information Sciences, Inc.)
Waiver of Breach. The waiver by either a party of the 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 either the breaching party.
Appears in 9 contracts
Samples: Supervisory Consulting Agreement (TaxMasters, Inc.), Rescission and Substitution Agreement (Global Resource CORP), Rescission and Substitution Agreement (Global Resource CORP)
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 by either party of 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 either such other party.
Appears in 9 contracts
Samples: Services Agreement, Services Agreement, Interagency Agreement
Waiver of Breach. The waiver by either party 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 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 either party of the a breach of any provision of this Agreement shall not operate operate, or be construed as a waiver of any subsequent breach by either 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 either any party hereto of the 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 either partybreach.
Appears in 8 contracts
Samples: Employment Agreement, Employment Agreement (Universal Electronics Inc), Consulting Agreement (Universal Electronics Inc)
Waiver of Breach. The waiver by either party of the a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either 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 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 such party.
Appears in 7 contracts
Samples: Employment Agreement (Carrier Access Corp), Employment Agreement (Science Dynamics Corp), Employment Agreement (Advanced Switching Communications Inc)
Waiver of Breach. The It is agreed that a waiver by either party of the 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 either that same party.
Appears in 7 contracts
Samples: Employment Agreement (Bally's Chicago, Inc.), Employment Agreement (Bally's Chicago, Inc.), Employment Agreement (Bally's Chicago, Inc.)
Waiver of Breach. The waiver by either any party of the 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, or as to any party hereto.
Appears in 7 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Waiver of Breach. The waiver by either one 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.
Appears in 6 contracts
Samples: Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc), Employment Agreement (Tanisys Technology Inc)
Waiver of Breach. The A waiver by either a party of the a breach of any provision of this Employment Agreement shall not operate or be construed as a waiver of any subsequent breach by either partythe other party of the same or any other 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 either party hereto of the 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 either of such other party.
Appears in 6 contracts
Samples: Employment Agreement (Copano Energy, L.L.C.), Employment Agreement (Copano Energy, L.L.C.), Consulting Agreement (Drypers Corp)
Waiver of Breach. The waiver by either any party to this Agreement of the 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 either partyhereof.
Appears in 6 contracts
Samples: Employment Agreement (Castle Dental Centers Inc), Consulting Agreement (Castle Dental Centers Inc), Employment Agreement (Castle Dental Centers 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 any such party.
Appears in 6 contracts
Samples: Directors’ Non Qualified Stock Option Agreement (Circle Bancorp), Incentive Stock Option and Stock Appreciation Right Agreement (Circle Bancorp), Stock Option Agreement (Bay Area Bancshares)
Waiver of Breach. The waiver by either any party to this Agreement 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 by either any party.
Appears in 6 contracts
Samples: Crossing Agreement, License and Easement Agreement, Donation Agreement
Waiver of Breach. The waiver by either party hereto 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 of such breaching party.
Appears in 6 contracts
Samples: Employment Agreement (Xpedior Inc), Employment Agreement (Xpedior Inc), Employment Agreement (Corestaff 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 any other provision hereof.
Appears in 6 contracts
Samples: Wellness Services Agreement, Management Agreement (Quicksilver Resources Inc), Employment Agreement (Rightchoice Managed Care 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 constructed to be, a waiver of any subsequent breach by either 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 either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed as a waiver wavier of any subsequent breach by either 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. 15.1 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 that same or any other provision.
Appears in 5 contracts
Samples: Contractor Agreement, Contractor Agreement, Contractor Agreement
Waiver of Breach. The waiver by either any party hereto of the 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 either any party.
Appears in 5 contracts
Samples: Change in Control Agreement (Gold Banc Corp Inc), Service Agreement (Protection One Alarm Monitoring Inc), Employment Agreement (Gold Banc Corp 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 5 contracts
Samples: Intergovernmental Agreement for Transportation Services, Management Services Agreement, Management Services Agreement (Medcath Corp)
Waiver of Breach. The waiver by either party of the 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 either partythe other party of any provision hereof.
Appears in 5 contracts
Samples: Employment Agreement (Cdknet Com Inc), Employment Agreement (Cdknet Com Inc), Employment Agreement (National Management Consultants 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 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 either the waiving party. The failure of any party 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: Stock Purchase Agreement (Accelera Innovations, Inc.), Stock Purchase Agreement (Accelera Innovations, Inc.), Employment Agreement (Accelera Innovations, Inc.)
Waiver of Breach. The A waiver by either any party hereto of the a breach of any provision of this Agreement shall not operate or be construed considered as a waiver of any subsequent breach by either any party.
Appears in 5 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Waiver of Breach. The waiver by either party any part hereto of the 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 either partybreach.
Appears in 5 contracts
Samples: Employment Agreement (Everlast Worldwide Inc), Employment Agreement (Everlast Worldwide Inc), Employment Agreement (Everlast Worldwide Inc)
Waiver of Breach. The waiver by either any party of the 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 either partyof that provision or any other provision thereby.
Appears in 4 contracts
Samples: Management Agreement (Zap), Management Agreement (Medical Device Manufacturing, Inc.), Management Agreement (Uti Corp)
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)
Waiver of Breach. 13.1 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 that same or any other provision.
Appears in 4 contracts
Samples: Contractor Agreement, Agreement for Goods and Services, Contractor Agreement
Waiver of Breach. The No 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 preceding or succeeding breach by either partyhereof.
Appears in 4 contracts
Samples: Option and Acquisition of Rights Agreement, Option and Acquisition of Rights, Option and Acquisition of Rights (Platinum Studios, 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 breach. Each and every right, remedy and power hereby granted to any party hereto or allowed it by either partylaw shall be cumulative and not exclusive of any other.
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 either party to this Agreement of the 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 either 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 either party of the a breach or violation of any provision of this Agreement Agreement, shall not operate or be construed as to be, a waiver of any subsequent breach by either partyor violation of the same or other provision thereof.
Appears in 4 contracts
Samples: Part a Grant Agreement, Ryan White Part a Grant Agreement, Microsoft Volume Licensing Agreement
Waiver of Breach. The waiver by either party of the 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 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 4 contracts
Samples: Artist Agreement, Employee Lease Agreement, Agreement to Provide Services (Desa Holdings Corp)
Waiver of Breach. The Any waiver by either party of the 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 either partyor right.
Appears in 4 contracts
Samples: Employment Agreement (Evergood Products Corp), Employment Agreement (Nava Leisure Usa Inc), Employment Agreement (Evergood Products Corp)
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 in this Agreement.
Appears in 4 contracts
Samples: Consultant Contract, Contract for Services, Consultant Contract
Waiver of Breach. The waiver by either party of the 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 either partyor violation of the same or other provision thereof.
Appears in 4 contracts
Samples: Agreement Between City of Stonecrest and Dekalb Convention and Visitors Bureau, Right of Way Maintenance Services Agreement, Service Agreement
Waiver of Breach. The waiver by either party of the a breach of any provision provision(s) of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either partyof the same or any other provision(s) of this Agreement.
Appears in 4 contracts
Samples: Executive Employment Agreement (Sterling Construction Co Inc), Executive Employment Agreement (Sterling Construction Co Inc), Executive Employment Agreement (Sterling Construction Co 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 constitute, a waiver of any subsequent breach by either 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 either a party of the a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either a party.. The failure of a party to insist upon strict adherence to any 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 waiver by either of any party of the 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 either party.
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
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 3 contracts
Samples: Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp Inc), Employment Agreement (Evans Bancorp 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 subsequent breach by either partybreach.
Appears in 3 contracts
Samples: Employment Agreement (Puget Sound Energy Inc), Employment Agreement (Midcom Communications Inc), Service Agreement (Introgen Therapeutics 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 party.
Appears in 3 contracts
Samples: Teacher Training Agreement, Teacher Training Agreement, Employment Agreement (Aps Healthcare Inc)
Waiver of Breach. The waiver by either party hereto of the a breach of any provision provisions of this Agreement shall not operate or to be construed as a waiver of any subsequent breach by either partyof the same or any other 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 either party of the a breach of any provision of this the Agreement by the other party shall not operate or to be construed as a waiver of any subsequent breach by either the other party.
Appears in 3 contracts
Samples: Consulting Agreement (Navitone Technologies Inc), Business Consulting Agreement (Invisa Inc), Business Consulting Agreement (Invisa 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 hereby.
Appears in 3 contracts
Samples: Management Agreement (Allotech International Inc), Management Agreement (Commercial Vehicle Group, Inc.), Management Agreement (Commercial Vehicle Group, Inc.)
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 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 A 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 breach of another provision or subsequent breach by either partyof the same provision.
Appears in 3 contracts
Samples: Exhibit Index (Comple Tel Europe Nv), Employment Agreement (Comple Tel LLC), Employment Agreement (Comple Tel LLC)
Waiver of Breach. 10.1 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 that same or any other provision.
Appears in 3 contracts
Samples: Goods and Services Agreement, Contractor Agreement, Emergency Culvert Bridge Installation Agreement
Waiver of Breach. The waiver by either party of the 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 either such other party.
Appears in 3 contracts
Samples: Consulting Agreement (Ivivi Technologies, Inc.), Executive Employment Agreement (Newgold Inc), Executive Employment Agreement (Newgold 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 any other provisions hereof.
Appears in 3 contracts
Samples: Information Services Agreement (Gulf Indonesia Resources LTD), Administrative Services Agreement (Gulf Indonesia Resources LTD), Technical Services Agreement (Gulf Indonesia Resources LTD)
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 breach. Each and every right, remedy and power hereby granted to any Party or allowed it by either partylaw shall be cumulative and not exclusive of any other.
Appears in 3 contracts
Samples: Severance Agreement (Arcadia Resources, Inc), Employment Agreement (Arcadia Resources, Inc), Severance and Release Agreement (Arcadia Resources, Inc)
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 partyany Party.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
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 as, a waiver of any subsequent breach by either 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 either party of the 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 either partybreach.
Appears in 3 contracts
Samples: Consulting Services Agreement, Training Terms and Conditions, Terms and Conditions
Waiver of Breach. The 11 It is agreed that a waiver by either party of the a breach of any provision of this Agreement shall not operate operate, or be construed as a waiver of any subsequent breach by either 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 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 the same or any other provision of this Agreement.
Appears in 3 contracts
Samples: Chief Financial Officer Employment Agreement (Eagle Usa Airfreight Inc), Chief Marketing Officer Employment Agreement (Eagle Usa Airfreight Inc), Chief Executive Officer Employment Agreement (Eagle Usa Airfreight Inc)
Waiver of Breach. The waiver by either any party to this AGREEMENT 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 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 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 party.breach,
Appears in 3 contracts
Samples: Employment Agreement (Cross Country Inc), Employment Agreement (Microwave Power Devices Inc), Employment Agreement (Cross Country Inc)
Waiver of Breach. The Any 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 partysuch other party of such provision or of a breach by such other party of any other provision of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Volt Information Sciences, Inc.), Employment Agreement (Volt Information Sciences, Inc.)
Waiver of Breach. The waiver by either any party of the 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 either such party. No waiver shall be valid unless in writing.
Appears in 2 contracts
Samples: Revocable Cryopreservation Trust Funding Agreement, License and Distribution Agreement (Sunhawk Com Corp)
Waiver of Breach. The waiver by either 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 other party.
Appears in 2 contracts
Samples: Consulting Agreement (Ginsite Materials Inc), Termination and Settlement Agreement (Ginsite Materials Inc)
Waiver of Breach. The Any waiver by either party of the a breach of any provision of this Agreement Agreement, or any delay of 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 either partyor right.
Appears in 2 contracts
Samples: Employment Agreement (Unidigital Inc), Employment Agreement (Unidigital Inc)
Waiver of Breach. The waiver Waiver of breach by either party of the breach of any provision terms and provisions of this Agreement at any time or times shall not operate be deemed or be construed as a waiver of any subsequent breach or breaches by either partyparty of the same, or of the other, terms of provisions of the Agreement at any time or times.
Appears in 2 contracts
Samples: Special Education Service Agreement, Special Education Service Agreement
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 constitute, a waiver of any subsequent breach by either 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 either party of the a breach of any provision of the provisions of this Agreement shall not operate as or be construed as a waiver of any subsequent breach by either partythereof.
Appears in 2 contracts
Samples: Employment Agreement (Computer Marketplace Inc), Employment Agreement (Computer Marketplace Inc)
Waiver of Breach. The waiver by either party hereto of the a breach of any provision of this Agreement shall not operate or to be construed as a waiver of any subsequent breach by either partyof the same or any other provision of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Certified Diabetic Services Inc), Employment Agreement (Certified Diabetic Services 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. No course of conduct or failure or delay in enforcing the provisions of this Agreement shall effect the validity, binding effect or enforceability of this Agreement or any provisions hereof.
Appears in 2 contracts
Samples: Employment Agreement (Quality Distribution Inc), Employment Agreement (Quality Distribution Inc)
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 by construed as a waiver of any subsequent breach by either any party.
Appears in 2 contracts
Samples: Management Consulting Agreement (SiteWorks Building & Development Co.), Management Consulting Agreement (SiteWorks Building & Development Co.)
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 operate, or be construed as as, a waiver of any subsequent breach by either such other party.
Appears in 2 contracts
Samples: Employment Agreement (Veeco Instruments Inc), Employment Agreement (Veeco Instruments Inc)
Waiver of Breach. The waiver by either of any party hereto of the 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 either any party.
Appears in 2 contracts
Samples: Employment Contract (ADVISORS REIT I, Inc), Employment Agreement (Advisors REIT I, 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 of the same or any other provision by either such other party.
Appears in 2 contracts
Samples: Employment Agreement (Madison Bancshares Inc), Employment Agreement (Madison Bancshares 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 waive of any subsequent breach by either of such party.
Appears in 2 contracts
Samples: Employment Agreement (Voyager Net Inc), Employment Agreement (Voyager Net Inc)
Waiver of Breach. The waiver by of either party of the 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 either partyof the same or other part hereof.
Appears in 2 contracts
Samples: Healthcare Agreements, Agreement for the Provision of Inmate/Detainee Health Services
Waiver of Breach. The waiver by either party of the any breach of any provision of this Agreement shall not be effective unless in writing signed by the waiving party and then shall not operate or be construed as a waiver of any subsequent breach by either partyof any provision of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (American Inflatables Inc), Employment Agreement (American Sports Development Group Inc)
Waiver of Breach. The waiver by either party 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 Party.
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 or failure to act by either any party of the 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 either any party.
Appears in 2 contracts
Samples: Fire Service Expansion Agreement, Fire Service Expansion Agreement
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 partyEmployer or Employee. The failure to enforce any provision(s) of the Agreement shall not be construed as a waiver of such provision(s).
Appears in 2 contracts
Samples: Employment Agreement (Abatix Environmental Corp), Employment Agreement (Abatix Environmental Corp)
