Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 19 contracts
Samples: Asset Purchase Agreement, Real Estate Purchase Agreement (Sunlink Health Systems Inc), Asset Purchase Agreement (Sunlink Health Systems Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Management Services Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 17 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (American Oncology Resources Inc /De/), Management Services Agreement (Novamed Eyecare Inc)
Waiver of Breach. The A waiver by any party Employee or Company of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofby either party.
Appears in 17 contracts
Samples: Employment Agreement (RealPage, Inc.), Employment Agreement (RealPage, Inc.), Employment Agreement (RealPage, Inc.)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any 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 A waiver by of any party of a breach or violation of any provision of this Agreement shall not constitute or operate as, or be construed to constitute, as a waiver of any subsequent other breach of the same such provision or of any other provision, and any failure to enforce any provision hereofhereof shall not operate as a waiver of such provision or of any other provision.
Appears in 15 contracts
Samples: Employment Agreement (Modular Medical, Inc.), Employment Agreement (Modular Medical, Inc.), Employment Agreement (Berry Plastics Holding Corp)
Waiver of Breach. The waiver by any either party of a breach or violation hereto of any provision breach of this Agreement the terms and conditions hereof will not be considered a modification of any provision, nor shall not operate as, or be construed to constitute, such a waiver act to bar the enforcement of any subsequent breach of the same or any other provision hereofbreach.
Appears in 14 contracts
Samples: Ownership of Work Agreement, Ownership of Work Agreement, Independent Contractor Service Agreement
Waiver of Breach. The A waiver by any party of a or breach or violation of any provision of this Agreement shall not constitute or operate as, or be construed to constitute, as a waiver of any subsequent other breach of the same such provision or of any other provision, and any failure to enforce any provision hereofhereof shall not operate as a waiver of such provision or of any other provision.
Appears in 13 contracts
Samples: Employment Agreement (Central European Media Enterprises LTD), Employment Agreement (Central European Media Enterprises LTD), Employment Agreement (RSL Communications LTD)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofbreach.
Appears in 12 contracts
Samples: Employment Agreement, Employment Agreement (Xo Group Inc.), Employment Agreement (First Data Corp)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement hereof shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 11 contracts
Samples: Employment Agreement (BankFinancial CORP), Employment Agreement (Success Bancshares Inc), Employment Agreement (Success Bancshares Inc)
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision provisions hereof.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Generation Income Properties, Inc.), Limited Liability Company Agreement (Generation Income Properties, Inc.), Limited Liability Company Agreement (Generation Income Properties, Inc.)
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or nor be construed to constitute, as a waiver of any subsequent breach breach, nor shall any waiver of the same or any provision of this Agreement in any instance shall be deemed to be a waiver of any other provision hereofin any other instance.
Appears in 11 contracts
Samples: Employment Agreement (Finwise Bancorp), Employment Agreement (Franklin Financial Network Inc.), Employment Agreement (Franklin Financial Network Inc.)
Waiver of Breach. The waiver by any either party to this Agreement of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofviolation thereof.
Appears in 11 contracts
Samples: Participating Provider Agreement, Ipa Services Agreement (Prospect Medical Holdings Inc), Services Agreement (Prospect Medical Holdings Inc)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of breach; and no waiver shall be valid unless it is in writing and is signed by the same or any other provision hereofparty against whom such waiver is sought.
Appears in 10 contracts
Samples: Employment Agreement (Tokheim Corp), Employment Agreement (Tokheim Corp), Employment Agreement (Tokheim Corp)
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 10 contracts
Samples: Pgy1 Pharmacy Resident Agreement, Resident Agreement, Resident Agreement
Waiver of Breach. The waiver by any either party of a breach or ---------------- violation of any provision of this Management Services Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 9 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Castle Dental Centers Inc)
Waiver of Breach. The waiver by any either party of a any breach or violation of any provision of this Agreement shall not operate as, be deemed to be a waiver or be construed to constitute, a continuing waiver of any subsequent breach or violation of the same or any other provision hereofof this Agreement.
Appears in 9 contracts
Samples: Wireless Use Agreement, Municipal Facility License Agreement, Municipal Facility License Agreement
Waiver of Breach. The waiver by any either party of a any breach or violation of any provision of this Use Agreement shall not operate as, be deemed to be a waiver or be construed to constitute, a continuing waiver of any subsequent breach or violation of the same or any other provision hereofof this Use Agreement.
Appears in 9 contracts
Samples: Use and Franchise Agreement, Way Use Agreement, Way Use Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, constitute a waiver of any subsequent breach of the same or any other provision hereofanother provision.
Appears in 8 contracts
Samples: Operations and Support Services Agreement, Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.), Business Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision provisions of this Agreement by the other shall not operate as, or be construed to constitute, as a waiver of any subsequent breach breach. A delay or failure by either party to exercise a right under this Agreement, or a partial or single exercise of the same that right, shall not constitute a waiver of that or any other provision hereofright.
Appears in 8 contracts
Samples: Confidential Separation Agreement (Costar Group Inc), Employment Agreement (Costar Group Inc), Employment Agreement (Costar Group Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Professional Business Management Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 8 contracts
Samples: Employment Agreement, Professional Business Management Agreement (Eye Care Centers of America Inc), Employment Agreement (Eyemasters Inc)
Waiver of Breach. The waiver by any party Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Modern Medical Modalities Corp), Partnership Interest Purchase Agreement (Paincare Holdings Inc), Asset Purchase Agreement (Modern Medical Modalities Corp)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 8 contracts
Samples: Business Associate Agreement, Health Services Agreement, Health Services Agreement
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall is not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 8 contracts
Samples: Demonsaw LLC Membership Interest Purchase Agreement (MGT Capital Investments Inc), Asset Purchase Agreement (Counsel RB Capital Inc.), Stock Purchase Agreement (Biozone Pharmaceuticals, Inc.)
Waiver of Breach. The waiver by any party to this Agreement of a breach or violation of any provision provision, section or paragraph of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same same, or of a different provision, section or paragraph, by any other provision hereofparty hereto.
Appears in 8 contracts
Samples: Consulting Agreement (Mississippi Power Co), Consulting Agreement (Pab Bankshares Inc), Consulting Agreement (Mueller Water Products, Inc.)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach or violation of the same or any other provision hereofthis Agreement.
Appears in 8 contracts
Samples: Preferred Provider Agreement, Preferred Provider Agreement, Preferred Provider Agreement
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent other breach of the same or any other provision hereofdifferent provision.
Appears in 8 contracts
Samples: Practitioner Affiliation Agreement, Provider Group Affiliation Agreement, Blue Cross Complete of Michigan Practitioner Affiliation Agreement
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof. Any waiver of a breach or violation of any provision of this Agreement must be in writing and signed by the party waiving such breach or violation to be effective.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Community Health Systems Inc), Asset Purchase Agreement (Community Health Systems Inc), Asset Purchase Agreement (Community Health Systems Inc)
Waiver of Breach. (a) The waiver by any party the Company or the Employee of a breach or violation of any provision of this Employment Agreement shall not operate as, or be construed to constitute, as a waiver by such party of any subsequent breach of the same or any other provision hereofbreach.
Appears in 7 contracts
Samples: Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision provisions of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereofthereof.
Appears in 7 contracts
Samples: Employment Agreement (Muller Media Inc), Employment Agreement (Muller Media Inc), Employment Agreement (Muller Media Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision provisions hereof.
Appears in 6 contracts
Samples: Redemption Agreement, Service Agreement, Rv Fleet Service Agreement
Waiver of Breach. The waiver by any of either party of a breach or of violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 6 contracts
Samples: Geisinger Health System Resident Agreement, Geisinger Medical Center Resident Agreement, Geisinger Medical Center Resident Agreement
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or nor be construed to constitute, as a waiver of any subsequent breach breach, nor shall any waiver of the same or any provisions of this Agreement in any instance shall be deemed to be a waiver of any other provision hereofin any other instance.
Appears in 6 contracts
Samples: Employment Agreement (Bancorp of New Jersey, Inc.), Employment Agreement (Bancorp of New Jersey, Inc.), Employment Agreement (Center Bancorp Inc)
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 6 contracts
Samples: Quality Improvement Agreement, Quality Improvement Agreement, Quality Improvement Agreement
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 6 contracts
Samples: Resident Agreement of Appointment, Resident Agreement of Appointment, Resident Agreement of Appointment
Waiver of Breach. The waiver by any by, either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 5 contracts
Samples: Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc), Employment Agreement (Odyssey Healthcare Inc)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement or the failure of any party to insist upon compliance with any condition hereof shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of breach; and no waiver shall be valid unless it is in writing and is signed by the same or any other provision hereofparty against whom such waiver is sought.
Appears in 5 contracts
Samples: Employment Agreement (SCP Pool Corp), Employment Agreement (SCP Pool Corp), Employment Agreement (SCP Pool Corp)
Waiver of Breach. (a) The waiver by any party the Company or the Employee of a breach or violation of any provision of this the Employment Agreement shall not operate as, or be construed to constitute, as a waiver by such party of any subsequent breach of the same or any other provision hereofbreach.
Appears in 5 contracts
Samples: Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc), Employment Agreement (Dycom Industries Inc)
Waiver of Breach. The waiver by any party of a breach or violation of any provision provisions of this Agreement Agreement, which waiver must be in writing to be effective, shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofbreach.
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 by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 5 contracts
Samples: Central Health, Evolve Direct Primary Care Employer Agreement, Concierge Health Network Direct Primary Care
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Retail Business Management Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 5 contracts
Samples: Retail Business Management Agreement (Eye Care Centers of America Inc), Employment Agreement (Eyemasters Inc), Employment Agreement (Eyemasters Inc)
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or by any other provision hereofparty.
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 of any party of a breach or violation of any provision of this Agreement or failure to enforce any provisions hereof shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or by any other provision hereofparty.
Appears in 5 contracts
Samples: Agreement (Autoco Com Inc), Agreement (Autoco Com Inc), Agreement (Autoco Com Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 5 contracts
Samples: Wellness Services Agreement – 18 Month Contract, Administrative Services Agreement (Nuevo Energy Co), Cross Indemnification Agreement (Gulf Indonesia Resources LTD)
Waiver of Breach. The waiver by any either party of a breach or of violation of any provision of this the Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 5 contracts
Samples: Dental Provider Service Agreement, Dental Provider Service Agreement, Dental Provider Agreement
Waiver of Breach. The Any waiver by any either party of a breach or violation of any provision the terms and conditions of this Agreement shall not operate as, or be construed to constitute, considered as a waiver of any subsequent breach of the same or any other provision term and condition hereof. 13.4.
Appears in 4 contracts
Samples: Employment Agreement (Knickerbocker L L Co Inc), Employment Agreement (Knickerbocker L L Co Inc), Employment Agreement (Knickerbocker L L Co Inc)
Waiver of Breach. The waiver by any party Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 4 contracts
Samples: Asset Purchase Agreement, Stock Purchase Agreement (Real Brokerage Inc), Asset Purchase Agreement (CareMax, Inc.)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 4 contracts
Samples: Asset Interest Purchase Agreement (Kamada LTD), Asset Purchase Agreement (Medcath Corp), Professional Business Management Agreement (Eye Care Centers of America Inc)
Waiver of Breach. The waiver by any party of a breach or violation of any term or provision of this Agreement shall Agreement, which must be in writing signed by all of the parties, will not operate as, as or be construed to constitute, be a waiver of any other previous or subsequent breach of the same or any other provision hereofthis Agreement.
Appears in 4 contracts
Samples: Greenman Employment Agreement (Majesco Holdings Inc), Patrick Flaherty Employment Agreement (Majesco Holdings Inc), Carl Yankowski Employment Agreement (Majesco Holdings Inc)
Waiver of Breach. The A waiver by of any party of a to this Agreement or the breach or violation of any term or provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofby either party.
Appears in 4 contracts
Samples: Agreement for Additional Law Enforcement Services, Agreement, Agreement for Additional Law Enforcement Services
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 4 contracts
Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement
Waiver of Breach. The A waiver by any party Party to this Agreement of a the breach or violation of any term or provision of this Agreement must be in writing and shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or by any other provision hereofParty.
Appears in 4 contracts
Samples: Redevelopment and Reimbursement Agreement, Redevelopment and Reimbursement Agreement, Redevelopment and Reimbursement Agreement by And
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, constitute a waiver of any subsequent breach or violation of the same or any other provision hereofthereof.
Appears in 4 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver of Breach. The A waiver by any either party of a breach or violation of any provision of this Agreement by the other shall not operate as, or be construed to constitute, as a waiver or estoppel of any subsequent breach of breach. No waiver shall be valid unless in writing and signed by the same or any other provision hereofparty sought to be charged.
Appears in 4 contracts
Samples: Consulting Agreement (Security Associates International Inc), Employment Agreement (Security Associates International Inc), Executive Agreement (Security Associates International Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement Agreement, whether intentional or not, shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 4 contracts
Samples: General and Administrative Services Agreement, General and Administrative Services Agreement (El Paso Energy Partners Lp), General and Administrative Services Agreement (El Paso Energy Partners Lp)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 4 contracts
Samples: Intergovernmental Agreement for Transportation Services, Management Services Agreement (Medcath Corp), Management Services Agreement (Medcath Corp)
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofbreach.
Appears in 4 contracts
Samples: Agreement to Provide Vision Benefits, Delta Dental of Kansas, c2mb.ajg.com
Waiver of Breach. The waiver by any party of any provision of this Agreement or a breach or violation of any provision of this Agreement shall will not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same other provision or any other provision hereofsubsequent breach.
Appears in 4 contracts
Samples: Long Term Care Insurance Worksite Agreement, Administrative Services Agreement (DPL Inc), Management Services Agreement (DPL Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Business Management Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 4 contracts
Samples: Employment Agreement (Vision Twenty One Inc), Employment Agreement (Vision Twenty One Inc), Optometrist Employment Agreement (Vision Twenty One Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver by such party of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Waiver of Breach. The the waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or to be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 3 contracts
Samples: Service Management Agreement (Dynacq International Inc), Service Management Agreement (Dynacq International Inc), Service Management Agreement (Dynacq International Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Management Agreement (Oec Compression Corp), Management Agreement (Hanover Compressor Co /), Management Agreement (Tatham Offshore Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof. A waiver shall be effective only if in writing. Failure to enforce any provision of this Agreement shall not preclude enforcement of such provision thereafter so long as the breach or violation of such provision shall continue.
Appears in 3 contracts
Samples: Resident Employment Agreement, Psychiatry Resident Employment Agreement, Psychiatry Resident Agreement With
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or nor be construed to constitute, as a waiver of any subsequent breach breach, nor shall any waiver of the same or any provision of this Agreement in any instance be deemed to be a waiver of any other provision hereofin any other instance.
Appears in 3 contracts
Samples: Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp)
Waiver of Breach. The waiver by any party either Party of a breach or a violation of any provision portion of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Agreement, Business Associate Agreement, Everside Client Agreement
Waiver of Breach. The A waiver by any party either Party of a breach or violation of any provision of this the Agreement shall not operate as, be deemed or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofbreach.
Appears in 3 contracts
Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Agreement
Waiver of Breach. The waiver by any either party to this Agreement of a breach or violation of any provision provision, section or paragraph of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same same, or of a different provision, section or paragraph, by any other provision hereofparty hereto.
Appears in 3 contracts
Samples: Consulting Agreement (Nazerali Altaf), Consulting Agreement (Mobetize, Corp.), Consulting Agreement (Journal Communications Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision provisions of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereofprovision.
Appears in 3 contracts
Samples: Agreement (Balanced Care Corp), Development Agreement (Balanced Care Corp), Development Agreement (Balanced Care Corp)
Waiver of Breach. The A waiver by any party of a to this Agreement or the breach or violation of any term or provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofby either party.
Appears in 3 contracts
Samples: Lease and Management Agreement, A Lease and Management Agreement, Intergovernmental Agreement
Waiver of Breach. The waiver by of any party breach of a breach any provision of this Agreement or violation of failure to enforce any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or by any other provision hereofparty.
Appears in 3 contracts
Samples: Confidential Nondisclosure Agreement, Confidential Nondisclosure Agreement, iicrc.org
Waiver of Breach. The waiver by any either party of a any condition or covenant, or of any breach or violation of any provision of this Agreement shall not operate as, or to be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 3 contracts
Samples: Management Support and Marketing Agreement (Dynacq Healthcare Inc), Management Support and Marketing Agreement (Dynacq Healthcare Inc), Management Support and Marketing Agreement (Dynacq International Inc)
Waiver of Breach. The waiver by any party of a any breach or violation of any provision covenant or condition of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of such covenant or condition or of the same or breach of any other provision hereofcovenant or condition contained in this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (LMP Automotive Holdings Inc.), Employment Agreement (LMP Automotive Holdings Inc.), Employment Agreement (LMP Automotive Holdings Inc.)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent other breach of the same or any other provision hereofdifferent provision.
Appears in 3 contracts
Samples: Stock Purchase Agreement (HealthSpring, Inc.), Guaranty Agreement (HealthSpring, Inc.), Agreement by And (Optimum Health Services Inc)
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall hereunder will not operate as, or be construed to constitute, constitute a waiver of any prior, simultaneous, or subsequent breach of the same or any other provision hereof.
Appears in 3 contracts
Samples: Independent Contractor Agreement, Independent Contractor Agreement (Radiation Therapy Services Holdings, Inc.), Independent Contractor Agreement (Radiation Therapy Services Inc)
Waiver of Breach. The waiver by any party either Party of a breach or ------------------ violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 3 contracts
Samples: Employment Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Operating Agreement shall not operate as, as or be construed to constitute, as a waiver of any subsequent breach breach. Each and every right, remedy, and power granted to any party by this Agreement or allowed it by law shall be cumulative and not exclusive of the same or any other provision hereofother.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall will not operate as, or be construed to constitute, deemed a waiver of any subsequent breach of the same or any other provision hereofa different provision.
Appears in 2 contracts
Samples: Sunny Day, Staffing Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofthereof.
Appears in 2 contracts
Samples: Health Services Agreement (Molina Healthcare Inc), Medical Group Services Agreement (Physician Partners Inc)
Waiver of Breach. The waiver by any party INS or Consultant of a the breach or violation ---------------- of any provision of this Agreement by the other party, or the failure to exercise any right granted under this Agreement shall not operate as, or be construed to constitute, a as the waiver of any subsequent breach by the other party or the waiver of the same or right to exercise any other provision hereofsuch right in the future.
Appears in 2 contracts
Samples: Independent Marketing Consultant Agreement (Insynq Inc), Independent Marketing Consulting Agreement (Insynq Inc)
Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofthis Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (RX Safes, Inc.), Membership Interest Purchase Agreement (22nd Century Group, Inc.)
Waiver of Breach. A. The waiver by any either party of a breach or a violation of any provision of this Agreement shall not operate as, or be by construed to constitute, be a waiver of any subsequent breach of the same any term or any other provision hereofcondition hereto.
Appears in 2 contracts
Samples: Business Associate Agreement, Agent Services and Commission Agreement
Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereofthereof.
Appears in 2 contracts
Samples: Administrative and Solicitor Firm Services Agreement, HMC Healthworks Contracted Provider Agreement
Waiver of Breach. The waiver by any either party of a breach or violation ---------------- of any provision of this Management Services Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 2 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent other breach of the same or any other provision hereofdifferent provision.
Appears in 2 contracts
Samples: Hospital Physician Participation Agreement, Gainsharing Agreement
Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this the Agreement shall not operate as, or nor be construed to constitute, as a waiver of any subsequent breach breach, nor shall any waiver of any provision of the same or Agreement in any instance shall be deemed to be a waiver of any other provision hereofin any other instance.
Appears in 2 contracts
Samples: Employment Agreement (Franklin Financial Network Inc.), Ther Employment Agreement (Franklin Financial Network Inc.)
Waiver of Breach. The waiver by any party either Party hereto of a breach or violation of any provision of this Agreement shall will not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereofof this Agreement.
Appears in 2 contracts
Samples: Transition Services Agreement (Bazaarvoice Inc), Syndication Services Agreement (Bazaarvoice Inc)
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Fundraising Agreement, Fundraising Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or as nor be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Network Affiliation Agreement, Affiliation Agreement
Waiver of Breach. The waiver by any party to the Agreement of a breach or violation of any provision provision, section or paragraph of this the Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same same, or of a different provision, section or paragraph, by any other provision hereofparty hereto.
Appears in 2 contracts
Samples: Consulting Agreement (Alabama Power Co), Consulting Agreement (Southern Power Co)
Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this the Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 2 contracts
Waiver of Breach. The A waiver by any party to this License of a the breach or violation of any term or provision of this Agreement License shall not operate as, or be construed to constitute, constructed as a waiver of any subsequent breach of the same or by any other provision hereofparty.
Appears in 2 contracts
Samples: cityofsalida.com, edgewaterco.govoffice3.com
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, neither act as a waiver of any subsequent breach of the same or such 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 by any either party of a breach or violation of any provision of this the Agreement shall not operate as, as or be construed to constitute, be a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Provider Agreement, Provider Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereofanother provision.
Appears in 2 contracts
Samples: Escrow Agreement (Core Laboratories N V), Escrow Agreement (Core Laboratories N V)
Waiver of Breach. The waiver by any either party hereto of a ---------------- breach or violation of any provision of this Agreement shall not operate as, or be construed to constitute, a waiver of any subsequent breach of the same or any other another provision hereof.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Seracare Life Sciences Inc), Master Separation and Distribution Agreement (Seracare Life Sciences Inc)
Waiver of Breach. The waiver by of any party of a breach or violation of any provision of this Agreement or failure to enforce any provision hereof by Provider shall not operate as, or be construed to constituteas a waiver by Provider nor of any other provision of the entire agreement, nor as a waiver of any subsequent breach of the same or any other provision hereofby Receiver.
Appears in 2 contracts
Samples: Consulting Agreement, Liability Management Licensing Agreement
Waiver of Breach. The A waiver by any party to this Agreement of a the breach or violation of any term or provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same or any other provision hereofby either party. Any waiver must be provided for in a signed writing.
Appears in 2 contracts
Waiver of Breach. The waiver Waiver by any party Party of a any breach of any provision of this Agreement or violation of the failure to insist upon strict compliance with any provision of this Agreement shall not operate as, or be construed to constitute, as a waiver of any subsequent breach of the same such provision or any other provision hereofprovisions.
Appears in 2 contracts
Samples: Amplifon Network Participation Agreement, Amplifon Network Participation Agreement
Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Master Agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent other breach of the same or any other provision hereofdifferent provision.
Appears in 2 contracts
Samples: Physicians Association Physician Master Agreement, Physicians Association Physician Master Agreement
Waiver of Breach. DRAFT The waiver by any of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to constitutebe, a waiver of any subsequent breach of the same or any other provision hereof.
Appears in 2 contracts
Samples: Resident Agreement, Resident Agreement
Waiver of Breach. The A waiver by any either party of a any breach or violation of any provision of this Agreement agreement shall not operate as, or be construed to constitute, deemed a waiver of any subsequent breach of the same or any other provision hereofterm or provision.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
