Common use of Waiver of Breach Clause in Contracts

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 227 contracts

Samples: Employment Agreement (United Community Banks Inc), Change in Control Agreement (AbbVie Inc.), Retention Bonus Agreement (Newmark Group, Inc.)

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Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 39 contracts

Samples: Ceo Employment Agreement (SP Plus Corp), Ceo Employment Agreement (SP Plus Corp), Ceo Employment Agreement (SP Plus Corp)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 28 contracts

Samples: Employment Agreement (Imperial Sugar Co /New/), Employment Agreement (Synagro Technologies Inc), Merger Agreement (Lexicon Genetics Inc/Tx)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 27 contracts

Samples: Employment Agreement, Employment Agreement (EP Energy Corp), Employment Agreement (SAILFISH ENERGY HOLDINGS Corp)

Waiver of Breach. No waiver by of any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, party will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 25 contracts

Samples: Employment Agreement (Atp Oil & Gas Corp), Employment Agreement (Atp Oil & Gas Corp), Employment Agreement (Atp Oil & Gas Corp)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will shall operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will shall not deprive such party of the right to take action at any time while such breach continues.

Appears in 25 contracts

Samples: Transition Agreement (National Bank Holdings Corp), Employment Agreement (Cadence Bancorporation), Employment Agreement (Cadence Bancorporation)

Waiver of Breach. No waiver by any party either Party hereto of a breach of any provision of this Agreement by any other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 25 contracts

Samples: Employment Agreement (Alta Mesa Holdings, LP), Employment Agreement (Alta Mesa Holdings, LP), Employment Agreement (Alta Mesa Holdings, LP)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 21 contracts

Samples: Employment Agreement (Carriage Services Inc), Employment Agreement (Carriage Services Inc), Employment Agreement

Waiver of Breach. No waiver by any party of either Party hereto of a breach of any provision of this Agreement by any other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 20 contracts

Samples: Employment Agreement (Basic Energy Services, Inc.), Employment Agreement (Basic Energy Services, Inc.), Employment Agreement (Basic Energy Services, Inc.)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of the breach by the other of any term or covenant contained in this Agreement to Agreement, whether by conduct or otherwise, in any one (1) or more instances shall be performed by such other party, will operate deemed or be construed as a further or continuing waiver of any such condition or breach or a waiver of any subsequent other condition, or the breach by such other party of any similar other term or dissimilar provisions and conditions at covenant set forth in this Agreement. Moreover, the same or any prior or subsequent time. The failure of either party to exercise any party hereto right hereunder shall not bar the later exercise thereof with respect to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continuesother future breaches.

Appears in 20 contracts

Samples: Employment Agreement (Intellect Neurosciences, Inc.), Employment Agreement (Finditall, Inc), Employment Agreement (Relocate 411 Com Inc /)

Waiver of Breach. No waiver by any party hereto either Party of a breach of any provision of this Agreement by any the other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such the other partyParty, will operate or be construed as a waiver of any subsequent breach by such the other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party hereto either Party to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 19 contracts

Samples: Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Enbridge Inc)

Waiver of Breach. No waiver by any party either Party hereto of a breach of any provision of this the Agreement by any other partyParty, or of compliance with any condition or provision of this the Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 16 contracts

Samples: Transition and Separation Agreement (Parker Drilling Co /De/), Employment Agreement (Parker Drilling Co /De/), Employment Agreement (Parker Drilling Co /De/)

Waiver of Breach. No waiver by any of either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, party will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 15 contracts

Samples: Employment Agreement (Telos Corp), Employment Agreement (Telos Corp), Employment Agreement (Telos Corp)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such the other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such breach will not deprive such the party of the right to take action at any time while such the breach continues.

Appears in 11 contracts

Samples: Employment Agreement (Sprint Nextel Corp), Employment Agreement (Embarq CORP), Employment Agreement (Embarq CORP)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 9 contracts

Samples: Severance Agreement (Aileron Therapeutics Inc), Severance Agreement (Aileron Therapeutics Inc), Severance Agreement (Aileron Therapeutics Inc)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 9 contracts

Samples: Employment Agreement (Ocean Power Technologies, Inc.), Employment Agreement (Westwater Resources, Inc.), Employment Agreement (Westwater Resources, Inc.)

Waiver of Breach. No waiver by any either party hereto (i) of a breach of any provision of this Agreement by any the other party, party or (ii) of compliance with any condition or provision of this Agreement to be performed by such the other party, will operate or be construed as a waiver of any subsequent breach by such the other party nor of a waiver of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure Failure of any party hereto to take act on any action by reason of such breach will not deprive such the party of the right to take action at any time while such breach continues.

Appears in 8 contracts

Samples: Employment Agreement (Brand Engagement Network Inc.), Employment Agreement (Brand Engagement Network Inc.), Employment Agreement (Brand Engagement Network Inc.)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will shall operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 8 contracts

Samples: Retention Agreement (Solid Power, Inc.), Executive Chairman Agreement (Definitive Healthcare Corp.), Executive Chairman Agreement

Waiver of Breach. No waiver Except as otherwise specifically provided for herein, no failure by any party hereto of a breach to give notice of any provision of this Agreement by any other partybreach of, or of to require compliance with with, any condition or provision of this Agreement shall be deemed a waiver or relinquishment of that party’s rights, and no waiver or relinquishment of rights by any party at any one or more times will be deemed to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason relinquishment of such breach will not deprive such party of the right to take action or power at any other time while such breach continuesor times.

Appears in 7 contracts

Samples: Employment Agreement (Clearwater Paper Corp), Employment Agreement (Clearwater Paper Corp), Employment Agreement (Clearwater Paper Corp)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 6 contracts

Samples: Employment Agreement (Strategic Hotels & Resorts, Inc), Employment Agreement (Republic Property Trust), Employment Agreement (Republic Property Trust)

Waiver of Breach. No waiver by any party hereto of a breach of any ---------------- provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 6 contracts

Samples: Employment Agreement (Lasalle Re Holdings LTD), Employment Agreement (Lasalle Re Holdings LTD), Employment Agreement (Lasalle Re Holdings LTD)

Waiver of Breach. The waiver of any provision of this Agreement shall be set forth in a writing specifically referring to the provision being waived and signed by the waiving party. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 6 contracts

Samples: Employment Agreement (Emtec Inc/Nj), Employment Agreement (Emtec Inc/Nj), Employment Agreement (Emtec Inc/Nj)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 5 contracts

Samples: Change of Control Agreement (Corus Bankshares Inc), Change of Control Agreement (Corus Bankshares Inc), Change of Control Agreement (Corus Bankshares Inc)

Waiver of Breach. No waiver by any party either pay hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 5 contracts

Samples: Employment Agreement (International Tower Hill Mines LTD), Employment Agreement (International Tower Hill Mines LTD), Employment Agreement (International Tower Hill Mines LTD)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 4 contracts

Samples: Severance Agreement (Prologis), Employment Agreement (Aon Corp), Supplemental Pension Agreement (Aon Corp)

Waiver of Breach. No waiver by of any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 4 contracts

Samples: Employment Agreement (Chicago Mercantile Exchange Inc), Employment Agreement (Chicago Mercantile Exchange Inc), Employment Agreement (Chicago Mercantile Exchange Inc)

Waiver of Breach. No waiver by any party Party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, Party will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timebreach. The failure of any party Party hereto to take any action by reason of such breach beach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 3 contracts

Samples: Severance Agreement (Atkore International Group Inc.), Severance Agreement (Atkore International Group Inc.), Severance Agreement (Atkore International Group Inc.)

Waiver of Breach. No waiver by any a party hereto of a breach of any provision of this Agreement by any other another party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any a party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 3 contracts

Samples: Employment Agreement (Mariner Energy Inc), Employment Agreement (Mariner Energy Inc), Employment Agreement (Mariner Energy Resources, Inc.)

Waiver of Breach. No waiver by any of either party hereto of a breach of any provision of this the Agreement by any the other party, or of compliance with any condition or provision of this the Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 3 contracts

Samples: Employment Agreement (Chicago Mercantile Exchange Inc), Employment Agreement (Chicago Mercantile Exchange Holdings Inc), Employment Agreement (Chicago Mercantile Exchange Holdings Inc)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such the other party, will operate or be construed as a waiver of any subsequent breach by such the other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 2 contracts

Samples: Consultant Agreement (Discovery Energy Corp.), Director Agreement (Discovery Energy Corp.)

Waiver of Breach. No waiver by any party either pay hereto of a breach of any provision of this Agreement by any the other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 2 contracts

Samples: Employment Agreement (International Tower Hill Mines LTD), Employment Agreement (International Tower Hill Mines LTD)

Waiver of Breach. No waiver by any party hereto of a breach of any ---------------- provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will shall operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will shall not deprive such party of the right to take action at any time while such breach continues.

Appears in 2 contracts

Samples: Employment Agreement (Catellus Development Corp), Employment Agreement (Catellus Development Corp)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Termination Agreement by any other party, or of compliance with any condition or provision of this Termination Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 2 contracts

Samples: Termination Agreement (Pinnacle Foods Inc), Termination Agreement (Pinnacle Foods Inc)

Waiver of Breach. No waiver at any time by any either party hereto of a any breach of any provision of this Agreement by any the other partyof, or of compliance with by the other with, any condition or provision of this Agreement to be performed by such other party, will party shall operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or at any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 2 contracts

Samples: Employment Agreement (Service Merchandise Co Inc), Employment Agreement (Service Merchandise Co Inc)

Waiver of Breach. No waiver by any party either Party hereto of a breach of any provision of this Agreement by any the other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party Party of any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 2 contracts

Samples: Employment Agreement (Pinnacle Gas Resources, Inc.), Employment Agreement (Pinnacle Gas Resources, Inc.)

Waiver of Breach. No waiver by any party hereto either the Company or the Executive (each, a “Party”) of a breach of any provision of this Agreement by any other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Chaparral Energy, Inc.), Change of Control Severance Agreement (Chaparral Energy, Inc.)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other partythe Plan, or of compliance with any condition or provision of this Agreement to be performed by such other partythe Plan, will operate or be construed as a waiver by the non-breaching party of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such the non-breaching party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Executive Change in Control Severance Plan (Red Robin Gourmet Burgers Inc)

Waiver of Breach. No The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to constitute a waiver of any such provision nor in any way to affect the validity of this Agreement or any p7art hereof, including the right of any party thereafter to enforce each and every provision. The waiver by any party hereto to this Agreement of a any breach or violation of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will party hereto shall not operate or be construed as to be a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continuesviolation thereof.

Appears in 1 contract

Samples: Member Interest Purchase Agreement (Aldila Inc)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.any

Appears in 1 contract

Samples: Employment Agreement (Carriage Services Inc)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Letter Agreement by any other party, or of compliance with any condition or provision of this Letter Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Marathon Petroleum Corp)

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Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action actions at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Launch Media Inc)

Waiver of Breach. No waiver by any party either Party hereto of a breach of any provision of this Agreement by any other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party hereto either Party to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Separation and Consulting Agreement (Magellan Midstream Partners Lp)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.waiver

Appears in 1 contract

Samples: Employment Agreement (Cdi Corp)

Waiver of Breach. No Party will be treated as having waived any right under this Agreement unless the waiver is in writing and signed by such Party. Any such waiver by any party hereto a Party of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as not constitute a waiver of any subsequent or continuing breach by of such other party provision or of the breach of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure other provision of any party hereto to take any action this Agreement by reason of such breach will not deprive such party of the right to take action at any time while such breach continuesthat Party.

Appears in 1 contract

Samples: Unit Purchase Agreement

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take 00000000.0.XXX any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Cdi Corp)

Waiver of Breach. No delay or omission by a party to exercise any right or power accruing upon any breach of any covenant or agreement contained herein shall be construed to be a waiver of any such right or power or any acquiescence in such breach. No waiver by any party hereto of a breach of any provision of the provisions hereof shall be effective unless set forth expressly in writing and signed by a duly authorized representative of the party so waiving. The waiver by a party of any right or power accruing upon any breach by another party of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will shall not operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continuesparty.

Appears in 1 contract

Samples: Athletic Trainer and Sports Medicine Services Agreement

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (National Bank Holdings Corp)

Waiver of Breach. No waiver by any party either Party hereto of a breach of any provision of this the Agreement by any other partyParty, or of compliance with any condition or provision of this the Agreement to be performed perfonned by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Parker Drilling Co /De/)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement letter by any other party, or of compliance with any condition or provision of this Agreement letter to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Consulting Agreement (Lorillard, Inc.)

Waiver of Breach. No waiver by any party Party hereto of a breach of any provision of this Agreement Release by any other party, or of compliance with any condition or provision of this Agreement Release to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party Party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Transition and Release Agreement (Hilltop Holdings Inc.)

Waiver of Breach. No waiver by any party Party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timebreach. The failure of any party Party hereto to take any action by reason of such breach beach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Severance Agreement (Atkore International Holdings Inc.)

Waiver of Breach. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues...

Appears in 1 contract

Samples: Employment Agreement (SAILFISH ENERGY HOLDINGS Corp)

Waiver of Breach. No waiver Waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will shall not operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any party hereto to take any action by reason of such a breach will shall not deprive such that party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Pure World Inc)

Waiver of Breach. No waiver by any of either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, party will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.. Employment Agreement 2013 Xxxxxxxxx X. Xxxxxx

Appears in 1 contract

Samples: Employment Agreement (Telos Corp)

Waiver of Breach. No waiver by any of either party hereto of a breach of any provision of this the Agreement by any the other party, or of compliance with any condition or provision of this the Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Chicago Mercantile Exchange Inc)

Waiver of Breach. No waiver failure by any party hereto of a breach to give notice of any provision of this Agreement by any other partybreach of, or of to require compliance with with, any condition or provision of this Agreement shall be deemed a waiver or relinquishment of that party’s rights, and no waiver or relinquishment of rights by any party at any one or more times will be deemed to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason relinquishment of such breach will not deprive such party of the right to take action or power at any other time while such breach continuesor times.

Appears in 1 contract

Samples: Severance Agreement (Clearwater Paper Corp)

Waiver of Breach. No waiver Waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will shall not operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any party hereto to take any action by reason of such breach will shall not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Healthworld Corp)

Waiver of Breach. No waiver by of any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, party will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues. 11.

Appears in 1 contract

Samples: Employment Agreement

Waiver of Breach. Any waiver of this Agreement must be executed by the party to be bound by such waiver. No waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.of

Appears in 1 contract

Samples: Employment Agreement (USA Compression Partners, LP)

Waiver of Breach. No waiver by of any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, party will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Perrigo Co)

Waiver of Breach. No waiver by any party hereto of a any breach of any provision of this Agreement by any other party, shall be deemed a continuing waiver or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent preceding or succeeding breach by of such other party provision or of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeother provision herein contained. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cpi Corp)

Waiver of Breach. No waiver by any party either Party hereto of a breach of any provision of this Consulting Agreement by any the other partyParty, or of compliance with any condition or provision of this Consulting Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such breach will not deprive such party Party of the right to take action actions at any time while such breach continues.

Appears in 1 contract

Samples: Consulting Agreement (Marlin Business Services Corp)

Waiver of Breach. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or Xxxxxx Xxxxxxx’x Employment Agreement 14 subsequent time. The failure of any party hereto to take any action by reason of such any breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Employment Agreement (Carriage Services Inc)

Waiver of Breach. No delay or failure by either party to exercise any right or power accruing upon any breach of any covenant or agreement contained herein will be construed to be a waiver of any such right or power or any acquiescence therein. The waiver by any either party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will not operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continuesother party.

Appears in 1 contract

Samples: Research Collaboration Agreement

Waiver of Breach. No The waiver by any either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or party shall not be construed as a waiver of any subsequent breach by such the other party. No delay or omission on the part of a party in exercising any right or remedy shall operate as a waiver thereof, and no single or partial exercise by a party of any similar right or dissimilar provisions and conditions at remedy shall preclude any other or further exercise thereof or the same or any prior or subsequent time. The failure exercise of any party hereto to take any action by reason of such breach will not deprive such party of the other right to take action at any time while such breach continuesor remedy.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CHDT Corp)

Waiver of Breach. No waiver by any party hereto either the Company or the Employee (each, a “Party”) of a breach of any provision of this Agreement by any other partyParty, or of compliance with any condition or provision of this Agreement to be performed by such other partyParty, will operate or be construed as a waiver of any subsequent breach by such other party of Party or any similar or dissimilar provisions and conditions provision or condition at the same or any prior or subsequent time. The failure of any party either Party hereto to take any action by reason of such any breach will not deprive such party Party of the right to take action at any time while such breach continues.

Appears in 1 contract

Samples: Change of Control Agreement (Cheniere Energy Inc)

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