Common use of Waiver of Breach Clause in Contracts

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 560 contracts

Samples: Employment Agreement (Cadrenal Therapeutics, Inc.), Employment Agreement (S&W Seed Co), Employment Agreement (Rimini Street, Inc.)

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Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will shall not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 80 contracts

Samples: Employment Agreement (Natus Medical Inc), Asset Purchase Agreement, Membership Interest Purchase Agreement

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which Agreement must be in writing, writing and will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 18 contracts

Samples: Executive Employment Agreement (EVO Transportation & Energy Services, Inc.), Executive Employment Agreement (EVO Transportation & Energy Services, Inc.), Executive Employment Agreement (EVO Transportation & Energy Services, Inc.)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 12 contracts

Samples: Employment Agreement, Employment Agreement (Xo Group Inc.), Employment Agreement (First Data Corp)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement. Notwithstanding anything to the contrary in this Agreement, the failure of the Company to obtain the assumption of this Agreement by a successor and/or acquirer shall be a material breach of this Agreement.

Appears in 10 contracts

Samples: Change of Control and Severance Agreement, Change of Control and Severance Agreement (Avinger Inc), Change of Control and Severance Agreement (Avinger Inc)

Waiver of Breach. The waiver of a breach of any term or provision of this Severance Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Severance Agreement.

Appears in 6 contracts

Samples: Executive Severance Agreement (Informatica Corp), Executive Severance Agreement (Box Inc), Executive Severance Agreement (Informatica Corp)

Waiver of Breach. The A waiver of a any breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be as a continuing waiver of said breach or a waiver of any other previous breaches of the same or subsequent breach other provisions of this Agreement.

Appears in 5 contracts

Samples: Facilities Use Agreement, Facilities Use Agreement, Facilities Use Agreement

Waiver of Breach. The waiver by any party of a breach of any term or provision provisions of this Agreement, which waiver must be in writingwriting to be effective, will shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 5 contracts

Samples: Employment Agreement (Cylink Corp /Ca/), Employment Agreement (Cylink Corp /Ca/), Employment Agreement (Cylink Corp /Ca/)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writingwriting signed by all of the parties, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Majesco Holdings Inc), Employment Agreement (Majesco Holdings Inc), Employment Agreement (Majesco Holdings Inc)

Waiver of Breach. The waiver of a A breach of any term or provision of this Agreement, which must Agreement may only be waived in writing, will writing and the waiver of such breach shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement (Endurance International Group Holdings, Inc.), Partnership Agreement (Greenfield Online Inc)

Waiver of Breach. The waiver of a any breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 4 contracts

Samples: Agreement to Provide Vision Benefits, Agreement to Provide Vision Benefits, Subscription Agreement

Waiver of Breach. The waiver of a any breach of any term or provision of this Agreement, which waiver must be in writing, will shall not operate as or be construed deemed to be a constitute waiver of any other previous or subsequent breach of this Agreementthe previously waived term or of any other term or condition.

Appears in 3 contracts

Samples: Independent Contractor Agreement (Blue Earth, Inc.), Consulting Agreement (Blue Earth, Inc.), Consulting Agreement (Blue Earth, Inc.)

Waiver of Breach. The Any waiver of a breach of any term or provision of this Agreement, which letter must be in writing, will writing and shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 3 contracts

Samples: Employment Agreement (Old America Stores Inc), Employment Agreement (Old America Stores Inc), Employment Agreement (Old America Stores Inc)

Waiver of Breach. The waiver of or a breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Pico Holdings Inc /New), Employment Agreement (Pico Holdings Inc /New), Employment Agreement (Pico Holdings Inc /New)

Waiver of Breach. The waiver of a any breach of any term or provision of this Agreement, which must be in writing, will not operate Agreement shall neither act as or be construed to be a waiver of any other previous or subsequent breach of this Agreementsuch provision, nor any prior, nor subsequent breach of any other provision hereof.

Appears in 2 contracts

Samples: Artist Permissions Agreement, Artwork Rental Agreement

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementby Recipient.

Appears in 2 contracts

Samples: Nondisclosure Agreement, Nondisclosure Agreement

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 2 contracts

Samples: Consulting Services Agreement (Corautus Genetics Inc), Shareholder Covenant Agreement (Sutter Holding Co Inc)

Waiver of Breach. The waiver of a breach of any term or provision ---------------- of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Talk City Inc), Asset Acquisition Agreement (TVN Entertainment Corp)

Waiver of Breach. The Any waiver of a breach of any term or provision of this Agreement, which must be in writing, will writing to be effective or binding on the parties and shall not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Morlex Inc /Co), Employment Agreement (Business Objects S.A.)

Waiver of Breach. The waiver by Uroplasty of a breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 2 contracts

Samples: Separation Agreement (Uroplasty Inc), Separation Agreement (Uroplasty Inc)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Adaptec Inc), Non Competition Agreement (Hewlett Packard Co)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, and will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 1 contract

Samples: Agreement to Terminate Employment Agreement and Continue Employment on an at Will Basis (Pico Holdings Inc /New)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreementagreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreementagreement.

Appears in 1 contract

Samples: Cessation of Employment and Board Compensation Agreement (Taleo Corp)

Waiver of Breach. The A waiver of a any breach of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 1 contract

Samples: Consulting Services Agreement (JELD-WEN Holding, Inc.)

Waiver of Breach. The waiver of a breach of any term or provision of this Severance Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 1 contract

Samples: Severance Agreement (3d Systems Corp)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Silver Spring Networks Inc)

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Waiver of Breach. The waiver of a breach of any term or provision of ---------------- this Agreement, which must be in writing, will shall not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Integrated Telecom Express Inc/ Ca)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.. GDSVF&H\7884069.1

Appears in 1 contract

Samples: Release Agreement (Bark, Inc.)

Waiver of Breach. The waiver of a breach of any term term, covenant or provision of this Agreement, which must condition contained in these Terms or in the Agreement shall not be in writing, will not operate as or be construed deemed to be a waiver of such term, covenant or condition for any other previous or subsequent breach of this Agreementthe name.

Appears in 1 contract

Samples: Terms of Service

Waiver of Breach. The waiver of a breach of any term or provision of ---------------------- this Agreement, which must be in writing, will shall not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 1 contract

Samples: Non Competition Agreement (Mathsoft Inc)

Waiver of Breach. The waiver by any part of a breach or violation of any term or provision of this Agreement, which must Agreement shall not be effective unless in writing, will writing and such waiver shall not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreementthereof.

Appears in 1 contract

Samples: Rescission Agreement (Pierce International Discovery Inc)

Waiver of Breach. The waiver by Tempe of a any breach of any term or provision of terms contained in this Agreement, which must Agreement shall not be in writing, will not operate as or be construed deemed to be a waiver of such term for any other previous or subsequent breach of this Agreementthe same or any other term.

Appears in 1 contract

Samples: Sponsorship Agreement

Waiver of Breach. The waiver of a breach of any term or provision of this Revised Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Revised Agreement.

Appears in 1 contract

Samples: Employment Agreement (Cree Inc)

Waiver of Breach. The waiver of a breach of any term or ---------------- provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Surewest Communications)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.. ​

Appears in 1 contract

Samples: Employment Agreement (Knightscope, Inc.)

Waiver of Breach. The waiver of a breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreement.. Malhotra Employment Agt.doc -11-

Appears in 1 contract

Samples: Employment Agreement (Limelight Networks, Inc.)

Waiver of Breach. The waiver of a breach of any term or provision of this Amended 2010 Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this Amended 2010 Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Supergen Inc)

Waiver of Breach. The waiver of a breach of any term or provision of this 2010 Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous or subsequent breach of this 2010 Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Supergen Inc)

Waiver of Breach. The A waiver of a any breach of any term or provision of this Agreement, which must be in writing, will Letter Agreement shall not constitute or operate as or be construed to be a waiver of any other previous or subsequent breach of this Agreementsuch provision or of any other provision, and any failure to enforce any provision hereof shall not operate as a waiver of such provision or of any other provision.

Appears in 1 contract

Samples: Employment Agreement (Berry Plastics Corp)

Waiver of Breach. The waiver of a any particular breach of any term or provision of this Agreement, which must be in writing, will not operate as or be construed to be a waiver of any other previous other, previous, or subsequent breach of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Solectron Corp)

Waiver of Breach. The waiver of a A breach of any term or provision of this Agreement, which must Governing Agreement may only be waived in writing, will writing and the waiver of such breach shall not operate as or be construed to be as a waiver of any other previous or subsequent breach of this Agreementbreach.

Appears in 1 contract

Samples: Governing Agreement and Complete Releases (Lighting Science Group Corp)

Waiver of Breach. The waiver by any Partner of a breach or violation of any term or provision of this Agreement, which must be in writing, will Agreement shall not operate as as, or be construed to be be, a waiver of any other previous or subsequent breach of this Agreementthe same or other provision hereof.

Appears in 1 contract

Samples: Limited Partnership Agreement (Lakeview Rehabilitation Group Partners)

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