Common use of Waiver of Breach Clause in Contracts

Waiver of Breach. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is sought.

Appears in 11 contracts

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

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Waiver of Breach. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other 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 either party of a breach or violation of any provision of this Agreement hereof shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame 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 of either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 10 contracts

Samples: Pgy1 Pharmacy Resident Agreement, Pgy1 Pharmacy Resident Agreement, Pgy1 Pharmacy Resident Agreement

Waiver of Breach. The waiver by any party to this Agreement of a breach of any provision provision, section or paragraph of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach of the same, or of a different provision, section or paragraph, by the any party against whom such waiver is soughthereto.

Appears in 9 contracts

Samples: Consulting Agreement (Mississippi Power Co), Consulting Agreement (Mueller Water Products, Inc.), Consulting Agreement (Pab Bankshares Inc)

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 be deemed to be a waiver or be construed as a continuing waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach or violation of the party against whom such waiver is soughtsame or any other provision of this Use Agreement.

Appears in 9 contracts

Samples: Small Wireless Facilities Right of Way Use and Franchise Agreement, Right of Way Use Agreement, Right of Way Use Agreement

Waiver of Breach. The waiver by any either party of a any breach or violation of any provision of this Agreement shall not operate be deemed to be a waiver or be construed as a continuing waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach or violation of the party against whom such waiver is soughtsame or any other provision of this Agreement.

Appears in 9 contracts

Samples: Municipal Facility License Agreement, Municipal Facility License Agreement, Municipal Facility License 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 as to constitute, a waiver of any subsequent breach; and no breach of the same or any other provision hereof. Any waiver shall of a breach or violation of any provision of this Agreement must be valid unless it is in writing and is signed by the party against whom waiving such waiver is soughtbreach or violation to be effective.

Appears in 9 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. 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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 9 contracts

Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)

Waiver of Breach. 20.1 The waiver by any party either the Company or the Consultant of a breach of any provision provisions of this Agreement by the other party to this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughtthat party.

Appears in 9 contracts

Samples: Consulting Agreement (Alberta Star Development Corp), Consulting Agreement, Consulting Agreement (Innexus Biotechnology Inc)

Waiver of Breach. The waiver by any party hereto of a ---------------- breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is sought.

Appears in 8 contracts

Samples: Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems Inc), Employment Agreement (Osi Systems 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 8 contracts

Samples: Health Services Agreement, Health Services Agreement, Health Services Agreement

Waiver of Breach. The A waiver by any party of a breach of any provision of this the Agreement by any party shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall breaches of that provision. No requirement of this Agreement may be valid unless it is waived except in writing and is signed by the party against whom such waiver is soughtadversely affected.

Appears in 8 contracts

Samples: Employment Agreement (United Bankshares Inc/Wv), Settlement Agreement (Wesbanco Inc), Employment Agreement (First Sentry Bancshares, Inc.)

Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall is not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or any other provision hereof.

Appears in 8 contracts

Samples: Membership Interest Purchase Agreement (MGT Capital Investments Inc), Asset Purchase Agreement (Counsel RB Capital Inc.), LLC Membership Interest Purchase Agreement (Biozone Pharmaceuticals, 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach or violation of this Agreement.

Appears in 8 contracts

Samples: Onecare Provider Agreement, Risk Bearing Participant & Affiliate Agreement, Risk Bearing Participant & Preferred Provider Agreement

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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or any other provision hereof.

Appears in 8 contracts

Samples: Asset Purchase Agreement (Modern Medical Modalities Corp), Asset Purchase Agreement (Modern Medical Modalities Corp), Partnership Agreement (Paincare Holdings 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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 8 contracts

Samples: Professional Business Management Agreement, Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eyemasters Inc)

Waiver of Breach. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate or be construed as deemed a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by other breach of the party against whom such waiver is soughtsame or different provision.

Appears in 8 contracts

Samples: Provider Group Affiliation Agreement, Practitioner Affiliation Agreement, Provider Group Affiliation Agreement

Waiver of Breach. The waiver by any either party of a breach of any provision provisions of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach; and no . A delay or failure by either party to exercise a right under this Agreement, or a partial or single exercise of that right, shall not constitute a waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtof that or any other right.

Appears in 8 contracts

Samples: Separation Agreement (Costar Group Inc), Employment Agreement (Costar Group Inc), Employment Agreement (Realty Information Group 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provisions hereof.

Appears in 7 contracts

Samples: Wellness Program Service Agreement, Redemption Agreement, Wellness Program Service Agreement

Waiver of Breach. The A waiver by any party of a breach of any provision of this Agreement by any other party shall not operate or be construed (a) as continuing, or (b) as a bar to, or a waiver or release of, any subsequent right, remedy, or recourse as to a subsequent event, or (c) as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughtthat other party.

Appears in 7 contracts

Samples: Stock Restriction and Repurchase Agreement, Stock Restriction and Repurchase Agreement, Stock Restriction and Repurchase Agreement (Altair Engineering Inc.)

Waiver of Breach. The waiver by any of either party of a breach of violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 6 contracts

Samples: Resident Agreement, Resident Agreement, Resident 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 as to be a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 6 contracts

Samples: Provider Quality Improvement Agreement, Quality Improvement Agreement, Quality Improvement Agreement

Waiver of Breach. The waiver by any party One or more waivers of a breach of any covenant, term or provision of this Agreement by any party shall not operate or be construed as a waiver of a subsequent breach of the same covenant, term or provision, nor shall it be considered a waiver of any other then existing or subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach of a different covenant, term or provision.

Appears in 6 contracts

Samples: General Release Agreement (Scientific Games Corp), General Release Agreement (Scientific Games Corp), General Release Agreement (Scientific Games Corp)

Waiver of Breach. The waiver by any of either party of a breach violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 6 contracts

Samples: Resident Agreement, Resident Agreement, Resident Agreement

Waiver of Breach. The waiver by any a party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 6 contracts

Samples: Tax Sharing Agreement (Celerity Group Inc), Confidential Disclosure Agreement (Celerity Group Inc), Management Services Agreement (Celerity Group 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 5 contracts

Samples: Emergency Medical Ground Transportation Services Agreement, Direct Primary Care Program Agreement, Direct Primary Care Agreement

Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not operate or be construed as deemed a waiver of any subsequent breach; and no other breach of the same or a different provision. No waiver of any obligation under this Agreement shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtcharged.

Appears in 5 contracts

Samples: Health Care Professional Participation Agreement, Master Membership Agreement, Master Membership Agreement

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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 5 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement, Stock Purchase Agreement (Real Brokerage Inc)

Waiver of Breach. The waiver by any party of a breach of any provision of this Agreement or the failure of any party to insist upon compliance with any condition hereof shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party 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. 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or 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 either Party of a breach or violation of any provision of this Retail Business Management Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 5 contracts

Samples: Retail Business Management Agreement (Eye Care Centers of America Inc), Retail Business Management Agreement (Eyemasters Inc), Retail Business Management Agreement (Eyemasters 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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Kamada LTD), Professional Business Management Agreement (Eye Care Centers of America Inc), Asset Purchase Agreement (Medcath Corp)

Waiver of Breach. The No waiver by of any party of a breach of any provision of this Agreement covenant or agreement herein contained shall not operate or be construed as a waiver of any subsequent breach; breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement, and no waiver shall be valid unless it is in writing and is signed case of a breach by either party of any covenant, agreement or undertaking, the non-defaulting party against whom such waiver is sought.may

Appears in 4 contracts

Samples: Base Lease Agreement, Base Lease Agreement, Base Lease 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 4 contracts

Samples: Business Associate Agreement, Business Associate Agreement, Business Associate Agreement

Waiver of Breach. The waiver Waiver by any party of a breach Party hereto of any provision term and/or breach of this Agreement shall not operate be deemed or be construed as a waiver of any subsequent other term and/or breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is sought, whether prior, subsequent, or contemporaneous with this Agreement.

Appears in 4 contracts

Samples: Settlement Agreement (Generex Biotechnology Corp), Settlement Agreement (Generex Biotechnology Corp), Settlement Agreement (Generex Biotechnology Corp)

Waiver of Breach. The A waiver by either Party of any party of a breach of any provision the provisions of this Agreement shall by the other Party, or, in any particular instance or series of instances, of any term or condition of this Agreement, will not operate constitute or be construed as deemed a waiver of such breach or of any subsequent breach; and no such term or condition in any other instance nor will any waiver shall constitute a continuing waiver hereunder. No waiver will be valid binding unless it is executed in writing and is signed by the party against whom such waiver is soughtParty making the waiver.

Appears in 4 contracts

Samples: Employment Agreement (Fsi International Inc), Employment Agreement (Fsi International Inc), Employment Agreement (Fsi International 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 as to constitute, a waiver of any subsequent breach; breach of the same or other provision hereof. All remedies, either under this Agreement, or by law or otherwise afforded, will be cumulative and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtnot alternative.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Tandem Health Care, Inc.), Asset and Real Estate Purchase Agreement (Tandem Health Care, Inc.), Asset Purchase Agreement (Tandem Health Care, Inc.)

Waiver of Breach. The A waiver by of any party of a to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughteither party.

Appears in 4 contracts

Samples: Agreement for Additional Law Enforcement Services, Agreement for Additional Law Enforcement Services, Agreement for Additional Law Enforcement Services

Waiver of Breach. The waiver of any breach of this Agreement by any party of a breach of any provision of this Agreement shall not operate constitute a continuing waiver or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of either the party against whom such waiver is soughtsame or any other provision of this Agreement.

Appears in 4 contracts

Samples: Producer Agreement, Producer Agreement, Producer Agreement

Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate or be construed as to constitute a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach or violation of the party against whom such waiver is soughtsame or other provision thereof.

Appears in 4 contracts

Samples: Professional Services, Professional Services, Professional Services

Waiver of Breach. The waiver by of any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughtany party.

Appears in 4 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or any other provision hereof.

Appears in 4 contracts

Samples: Acquisition 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 party either Party of a breach or violation of any provision of this Business Management Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 4 contracts

Samples: Business Management Agreement (Vision Twenty One Inc), Business Management Agreement (Vision Twenty One Inc), Business Management Agreement (Vision Twenty One Inc)

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 be deemed or construed to be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is sought.

Appears in 4 contracts

Samples: Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation 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 as to constitute, a waiver by such party of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 4 contracts

Samples: Resident Physician Appointment Agreement, Resident Physician Appointment Agreement, Resident Physician Appointment Agreement

Waiver of Breach. The waiver by any a party of a breach by the other party of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breach; and no waiver breach of the same provision. No delay in acting with regard to any breach of any provision of this Agreement shall be valid unless it is in writing and is signed by the party against whom construed to be a waiver of such waiver is soughtbreach.

Appears in 4 contracts

Samples: Resident Employment Agreement, Resident Employment Agreement, Resident Employment Agreement

Waiver of Breach. The waiver by of any party breach of this Agreement, or the failure of a breach of Party to exercise or enforce any provision of right under this Agreement Agreement, shall not operate or be construed as in no event constitute a waiver of any subsequent other breach; and no waiver shall be valid unless it is , whether similar or dissimilar in writing and is signed by nature, or prevent the party against whom such waiver is soughtexercise or enforcement of any right under this Agreement.

Appears in 4 contracts

Samples: Reseller Agreement, Reseller Agreement, Reseller Agreement

Waiver of Breach. The A waiver by any either party of a any breach of any provision the provisions of this Agreement by the other party, or, in any particular instance or series of instances, of any term or condition of this Agreement, shall not operate constitute or be construed as deemed a waiver of such breach or of any subsequent breach; and no such term or condition in any other instance nor shall any waiver constitute a continuing waiver hereunder. No waiver shall be valid binding unless it is executed in writing and is signed by the party against whom such waiver is soughtmaking the waiver.

Appears in 4 contracts

Samples: Employment Agreement (Voyager Pharmaceutical Corp), Employment Agreement (American Lawyer Media Holdings Inc), Employment Agreement (PPC Publishing Corp)

Waiver of Breach. The waiver by any 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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or 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 No waiver by any party of a breach of any provision of this Agreement covenant or agreement herein contained shall not operate or be construed as a waiver of any subsequent breach; breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement, and no waiver shall be valid unless it is in writing case of a breach by either party of any covenant, agreement or undertaking, the nondefaulting party may nevertheless accept from the other any payment or payments or performance hereunder without in any way waiving its right to exercise any of its rights and is signed by the party against whom such waiver is sought.remedies provided for herein or otherwise

Appears in 3 contracts

Samples: Lease, Lease, Lease

Waiver of Breach. The waiver Waiver by any party Party of a any breach of any term or provision of this Agreement shall is not operate or to be construed as a waiver of a breach of any other term or provision, or of any subsequent breach; and no breach of the same term or provision. A waiver shall be valid unless it is effective only if expressly granted in writing and is signed by the party against whom such waiver is soughtother Party.

Appears in 3 contracts

Samples: Land Lease Agreement, Land Lease Agreement, Land Lease Agreement

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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision.

Appears in 3 contracts

Samples: Development Agreement (Balanced Care Corp), Development Agreement (Balanced Care Corp), Facility Agreement (Balanced Care Corp)

Waiver of Breach. The waiver by any either party to this Agreement of a breach of any provision provision, section or paragraph of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach of the same, or of a different provision, section or paragraph, by the any party against whom such waiver is soughthereto.

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 party either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame 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 as to be, a waiver of any subsequent breach; and no breach of the same or any other provision hereof. A waiver shall be valid unless it is effective only if in writing and is signed by writing. Failure to enforce any provision of this Agreement shall not preclude enforcement of such provision thereafter so long as the party against whom breach or violation of such waiver is soughtprovision shall continue.

Appears in 3 contracts

Samples: Psychiatry Resident Employment Agreement, Resident Employment Agreement, Psychiatry Resident 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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 3 contracts

Samples: Full Service Management Agreement (Dynacq International Inc), Full Service Management Agreement (Dynacq International Inc), Full Service Management Agreement (Dynacq International Inc)

Waiver of Breach. The waiver by any party hereto of a breach of any provision of this the Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by any of the party against whom such waiver is soughtparties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Petrogress, Inc), Employment Agreement (Petrogress, Inc.), Employment Agreement (Petrogress, Inc.)

Waiver of Breach. The waiver by any party a Party hereto of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach of the same or any other provision hereof. All remedies, either under this Agreement, or by the party against whom such waiver is soughtLaws or otherwise afforded, will be cumulative and not alternative.

Appears in 3 contracts

Samples: Affiliation Agreement, Affiliation Agreement, Affiliation Agreement

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 or be construed as constitute a waiver of any prior, simultaneous, or subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame 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 No waiver by or delay in enforcement of any party of a breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any prior, concurrent or subsequent breach; breach of the same or any other provisions hereof, and no waiver shall be valid effective unless it is made in writing and is signed by an authorized representative of the party against whom such waiver is soughtwaiving Party.

Appears in 3 contracts

Samples: Master Purchase Agreement, Customer Agreement, Master Purchase Agreement

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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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 3 contracts

Samples: Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Business Management Agreement (Eye Care Centers of America Inc), Professional Services (Eye Care Centers of America Inc)

Waiver of Breach. The waiver by any party to this Agreement of a any breach or violation of any provision of this Agreement by the other party hereto shall not operate or be construed as to be a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach of violation thereof.

Appears in 3 contracts

Samples: Merchandise Servicing Agreement (Aeropostale Inc), Merchandise Servicing Agreement (Aeropostale Inc), Interim Merchandise Servicing Agreement (Aeropostale 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 as to be a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach hereof, or as to any Party hereto.

Appears in 2 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement

Waiver of Breach. A. The waiver by any either party of a breach of any provision or a violation of this Agreement shall not operate as, or by construed to be construed as a waiver of any subsequent breach; and no breach of any term or condition hereto. B. No waiver shall be valid effective against any party hereto unless it is in writing and is signed by the party against whom such waiver is soughtthat party.

Appears in 2 contracts

Samples: Business Associate Agreement, Agent Services and Commission Agreement

Waiver of Breach. The A waiver by any party of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breach; breach of the same or any other provision of this Agreement. The understandings and no waiver representations of the parties set forth in this Agreement shall survive any breach of this Agreement and be valid unless it is in writing and is signed enforceable by the party against whom such waiver is soughtnon-breaching party.

Appears in 2 contracts

Samples: Membership Interest Purchase and Sale Agreement (Fusion Connect, Inc.), Stock Purchase and Sale Agreement (Fusion Telecommunications International Inc)

Waiver of Breach. The waiver by any party of a any breach of any provision of this Agreement shall not operate be deemed or be construed as a waiver of any subsequent other breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is sought, whether prior, subsequent, or contemporaneous, of this Agreement.

Appears in 2 contracts

Samples: Release and Severance Agreement, Severance Agreement

Waiver of Breach. The waiver by any party to the Agreement of a breach of any provision provision, section or paragraph of this the Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach of the same, or of a different provision, section or paragraph, by the any party against whom such waiver is soughthereto.

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 hereto of a breach or violation of any provision of this Agreement shall will not operate as, or be construed as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision of this Agreement.

Appears in 2 contracts

Samples: Syndication Services Agreement (Bazaarvoice Inc), Transition Services Agreement (Bazaarvoice Inc)

Waiver of Breach. The waiver by any party of a breach of any provision of this Agreement or the failure of any party to insist upon compliance with any condition hereof shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtboth parties.

Appears in 2 contracts

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

Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement Lease shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 2 contracts

Samples: Lease Agreement, Sublease Agreement

Waiver of Breach. The waiver by any either party hereto of a ---------------- breach or violation of any provision of this Agreement shall not operate as, or be construed as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or 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 either party hereto of any breach of the terms and conditions hereof will not be considered a modification of any provision, nor will such a wavier act to bar the enforcement of any subsequent breach. No waiver, change or modification or discharge by either party of a breach hereto of any provision of this Agreement shall not operate will be deemed to have been made or will be construed as a waiver of any subsequent breach; and no waiver shall be valid effective unless it is expressed in writing and is signed by the party against whom such waiver is soughtthat party.

Appears in 2 contracts

Samples: General Construction Agreement, General Construction Agreement

Waiver of Breach. The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate or be construed as deemed a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by other breach of the party against whom such waiver is soughtsame or different provision.

Appears in 2 contracts

Samples: Physician Participation Agreement, Physician Gainsharing Agreement

Waiver of Breach. The waiver by any party hereto of a breach of any provision of this the Agreement shall not operate or nor be construed as a waiver of any subsequent breach; and no , nor shall any waiver of any provision of the Agreement in any instance shall be valid unless it is deemed to be a waiver of any other provision in writing and is signed by the party against whom such waiver is soughtany other instance.

Appears in 2 contracts

Samples: Employment Agreement (Franklin Financial Network Inc.), Employment Agreement (Franklin Financial Network Inc.)

Waiver of Breach. The waiver by any a party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughtany party.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Lazydays Holdings, Inc.), Stock Purchase Agreement (Sa Telecommunications Inc /De/)

Waiver of Breach. The No waiver by any party of a any breach of any term or provision of this Agreement shall not operate or be construed as to be, nor be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by preceding, concurrent or succeeding breach of the party against whom such waiver is soughtsame, or any other term or provision hereof.

Appears in 2 contracts

Samples: Settlement Agreement (Regeneca, Inc.), Confidential Settlement Agreement and Mutual General Release (Regeneca, Inc.)

Waiver of Breach. The waiver by of any party of a breach of any provision of this ---------------- Agreement or failure to enforce any provision hereof shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughtany party.

Appears in 2 contracts

Samples: Employment Agreement (Total Sports Inc), Employment and Noncompetition Agreement (Total Sports Inc)

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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 2 contracts

Samples: Pgy2 Critical Care Pharmacy Resident Agreement, Pgy2 Oncology Pharmacy Resident Agreement

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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision hereof.

Appears in 2 contracts

Samples: Master Billing Services Agreement, Revenue Cycle Services 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or another provision.

Appears in 2 contracts

Samples: Merger Agreement (Core Laboratories N V), Merger Agreement (Core Laboratories N V)

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 as to be a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach hereof.

Appears in 2 contracts

Samples: Fundraising Agreement, Fundraising Agreement

Waiver of Breach. The waiver Waiver by any party of a breach of any provision of this Agreement ---------------- shall not operate as or be construed as a waiver by such party of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach hereof.

Appears in 2 contracts

Samples: Employment Agreement (Premier National Bancorp Inc), Employment Agreement (Premier National Bancorp Inc)

Waiver of Breach. The waiver by any party hereto of a breach of any ---------------- provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughtany party.

Appears in 2 contracts

Samples: Annual Report, Shareholders Agreement (Madison River Capital LLC)

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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or 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 to this Agreement of a breach of any provision of this Agreement shall not operate or be construed as a waiver by any other Party to this Agreement with respect to such breach or of any subsequent breach; and no breach of that provision or any other provision hereof. Any waiver of any term or condition of this Agreement shall only be valid unless it is if given in writing and is signed by the party against whom such waiver is soughtwriting.

Appears in 1 contract

Samples: Online Training 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 as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 1 contract

Samples: Management Services Agreement (Aviation Group Inc)

Waiver of Breach. The waiver by any party to the Agreement of a breach of any provision or paragraph of this the Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach of the same, or of a different provision or paragraph, by the any party against whom such waiver is soughthereto.

Appears in 1 contract

Samples: Consulting Agreement (Southern Power Co)

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 as to be, a waiver by such party of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 1 contract

Samples: Executive Employment Agreement (Quest Resource Corp)

Waiver of Breach. The waiver by any party of a breach of the Agreement or the failure of a party to exercise any provision of this right under the Agreement shall not operate or be construed as in no event constitute a waiver of any subsequent other breach; and no waiver shall be valid unless it is , whether similar or dissimilar in writing and is signed by nature, or prevent the party against whom such waiver is soughtexercise of any right under the Agreement.

Appears in 1 contract

Samples: Master Professional Services Agreement

Waiver of Breach. The No waiver by any party Party of a any breach of any term or provision of this Agreement shall not operate or will be construed as to be, nor be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by preceding, concurrent or succeeding breach of the party against whom such waiver is soughtsame or any other term or provision of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (808 Renewable Energy Corp)

Waiver of Breach. The A waiver by any party of a to the Agreement or the breach of any term or provision of this the Agreement shall not operate or be construed as a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed breach by the party against whom such waiver is soughteither party.

Appears in 1 contract

Samples: Construction Contract

Waiver of Breach. The waiver by any either party of a breach or violation of any provision of this Agreement shall not no operate or be construed as to constitute a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach or violation of the party against whom such waiver is soughtsame or other provision thereof.

Appears in 1 contract

Samples: Contract for Services

Waiver of Breach. The waiver by any party of a breach of any term or provision of this Agreement shall Agreement, which waiver must be in writing and be given by the party waiving such term or provision, will not operate as or be construed as to be a waiver of any other previous or subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach of this Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Edge Therapeutics, Inc.)

Waiver of Breach. The waiver by any of either party of a breach or violation of any provision of this Agreement Contract shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 1 contract

Samples: Master Agreement

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 as to be a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach or violation hereof.

Appears in 1 contract

Samples: Employment Agreement (Blue Fish Clothing 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 as to constitute, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach of the party against whom such waiver is soughtsame or other provision hereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Health Management Associates Inc)

Waiver of Breach. The waiver by any party of a breach of this Agreement or the failure of a Party to exercise any provision of right under this Agreement shall not operate or be construed as in no event constitute a waiver as to any other breach, whether similar or dissimilar in nature, or prevent the exercise of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtright under this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

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 as to be a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by the party against whom such waiver is soughtbreach or violation of this Agreement.

Appears in 1 contract

Samples: Epiccare Link Access Agreement

Waiver of Breach. The waiver by either Party of any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any subsequent breach; and no waiver shall be valid unless it is in writing and is signed by breach or violation of the party against whom such waiver is soughtsame or any other provision hereof.

Appears in 1 contract

Samples: Operating Agreement

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