Waiver of Breach. Any waiver by a Party of a breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or any subsequent breach.
Appears in 14 contracts
Samples: Employment Agreement (Avant Technologies Inc.), Employment Agreement (Avant Technologies Inc.), Employment Agreement (Avant Technologies Inc.)
Waiver of Breach. Any waiver Waiver by a Party any party of a breach of any provision of this Agreement by the other Party shall not operate as or be construed as a waiver by such party of any other or any subsequent breachbreach hereof. 15.
Appears in 12 contracts
Samples: Employment Agreement (Arrow Financial Corp), Employment Agreement (Arrow Financial Corp), Employment Agreement Employment Agreement (Arrow Financial Corp)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 12 contracts
Samples: Employment Agreement (Foxo Technologies Inc.), Employment Agreement (GWG Holdings, Inc.), Consulting Agreement (Lone Star Gold, Inc.)
Waiver of Breach. Any The waiver by a Party party of a the breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any subsequent breach of the same of any other or any subsequent breachprovision hereof by that party.
Appears in 11 contracts
Samples: Executive Employment Agreement (CapStar Financial Holdings, Inc.), Executive Employment Agreement (CapStar Financial Holdings, Inc.), Executive Employment Agreement (CapStar Financial Holdings, Inc.)
Waiver of Breach. Any The waiver by a Party party of a any breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other subsequent breach of the same or any subsequent breachother provision hereof by that party.
Appears in 11 contracts
Samples: Transition Agreement (Genesco Inc), Separation Agreement (GENTHERM Inc), Retirement Agreement (GENTHERM Inc)
Waiver of Breach. Any The waiver by a Party either party to this Agreement of a breach of any provision of this Agreement thereof by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach of such party.
Appears in 10 contracts
Samples: Employment Agreement (Caremark Rx Inc), Employment Agreement (Medpartners Inc), Employment Agreement (Medpartners Inc)
Waiver of Breach. Any The waiver by a any Party to this Agreement of a breach of any term or provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachParty.
Appears in 10 contracts
Samples: Development Agreement, Subdivision Improvement Agreement, Escrow Agreement
Waiver of Breach. Any The waiver by a Party party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breach by the party in breach.
Appears in 10 contracts
Samples: Consulting Agreement (Nutrafuels Inc), Consulting Agreement (Nutrafuels Inc), Consulting Agreement (Nutrafuels Inc)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party shall party must be in writing and will not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty. 22.
Appears in 9 contracts
Samples: Employment Agreement (Medimmune Inc /De), Employment Agreement (Medimmune Inc /De), Employment Agreement (Medimmune Inc /De)
Waiver of Breach. Any The waiver by a Party one party to this Agreement of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the said party .
Appears in 8 contracts
Samples: Employment Agreement (American Technology Corp /De/), Employment Agreement (Patriot Scientific Corp), Employment Agreement (American Technology Corp /De/)
Waiver of Breach. Any A waiver by a any Party to this Agreement of a the breach of any term or provision of this Agreement by the other Party shall must be in writing and will not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachParty.
Appears in 7 contracts
Samples: Redevelopment Agreement, Redevelopment Agreement, Development/Redevelopment Agreement
Waiver of Breach. Any waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or to be construed as a waiver of any other or any subsequent breachbreach by such party.
Appears in 7 contracts
Samples: Consulting Agreement (Provectus Pharmaceuticals Inc), Financial Consulting Agreement (360 Global Wine Co), Consulting Agreement (Provectus Pharmaceuticals Inc)
Waiver of Breach. Any The waiver by a Party any party hereto of a breach of any provision of this Agreement by the other Party another party shall not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 7 contracts
Samples: Radiation Therapy Services Agreement (21st Century Oncology Holdings, Inc.), Radiation Therapy Services Agreement (21st Century Oncology Holdings, Inc.), Radiation Therapy Services Agreement (21st Century Oncology Holdings, Inc.)
Waiver of Breach. Any The waiver by a Party any party of a breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachparty.
Appears in 7 contracts
Samples: Voting Trust and Escrow Agreement (Iomai Corp), Registration Rights Agreement (Pharmos Corp), Escrow Agreement (Perficient Inc)
Waiver of Breach. Any A waiver by a Party any party of a breach of any provision of this Agreement by the any other Party 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 by that other or any subsequent breachparty.
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. Any A waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver or estoppel of any subsequent breach by such other party. No waiver shall be valid unless in writing and signed by the party charged (or any subsequent breachits authorized officer).
Appears in 7 contracts
Samples: Employment Agreement (WCI Communities, Inc.), Employment Agreement (WCI Communities, Inc.), Employment Agreement (WCI Communities, Inc.)
Waiver of Breach. Any The waiver by a Party either party of a any breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach hereunder. No waiver shall be valid unless in writing and signed by the party granting such waiver.
Appears in 7 contracts
Samples: Athletic Training Services Agreement, Athletic Training Services Agreement, Services Agreement
Waiver of Breach. Any The waiver by a Party either party of a breach of any ---------------- provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other subsequent breach of that provision or any subsequent breachother provision hereof.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Coinmach Corp), Consulting Services Agreement (Coinmach Laundry Corp), Management Agreement (Kilovac International Inc)
Waiver of Breach. Any waiver by a Party of either party or a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachparty. 12.
Appears in 6 contracts
Samples: Investor Relations Agreement (BillMyParents, Inc.), Investor Relations Agreement (Socialwise, Inc. (Formerly Known as IdeaEdge, Inc)), Investor Relations Agreement (Socialwise, Inc. (Formerly Known as IdeaEdge, Inc))
Waiver of Breach. Any The waiver by a Party one party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the one party.
Appears in 6 contracts
Samples: Deferred Compensation Agreement (Equity Residential), Compensation Agreement (Equity Residential Properties Trust), Compensation Agreement (Equity Residential)
Waiver of Breach. Any The waiver by a Party either party of a breach of any ---------------- provision of this Agreement by the other Party shall party must be in writing and will not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 6 contracts
Samples: Employment Agreement (Apollo Investment Fund Iii Lp), Employment Agreement (Apollo Investment Fund Iii Lp), Consulting Agreement (MTL Inc)
Waiver of Breach. Any The waiver by a Party party of a the breach of any provision of this Amended Agreement by the other Party party shall not operate or be construed as a waiver of any subsequent breach of the same of any other or any subsequent breachprovision hereof by that party.
Appears in 6 contracts
Samples: Executive Employment Agreement (CapStar Financial Holdings, Inc.), Executive Employment Agreement (CapStar Financial Holdings, Inc.), Executive Employment Agreement (CapStar Financial Holdings, Inc.)
Waiver of Breach. Any The waiver by a Party of a breach of any provision of this Agreement by the other Party a party hereto shall not operate or be construed as a waiver of any subsequent breach by the other or any subsequent breachparty hereto.
Appears in 6 contracts
Samples: Employment Agreement (Us Airways Inc), Employment Agreement (Us Airways Group Inc), Employment Agreement (Us Airways Inc)
Waiver of Breach. Any The waiver by a Party of a breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or any subsequent breach by the Party in breach.
Appears in 5 contracts
Samples: Service Agreement, Master Service Agreement, Master Service Agreement
Waiver of Breach. Any waiver by a Party One or more waivers of a breach of any covenant, term or provision of this Agreement by the other Party 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 any subsequent breachbreach of a different covenant, term or provision.
Appears in 5 contracts
Samples: Agreement and General Release (Scientific Games Corp), Agreement and General Release (Scientific Games Corp), Agreement and General Release (Scientific Games Corp)
Waiver of Breach. Any A waiver by a Party any party of a any breach of any provision of this Agreement by the any other Party party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachother party.
Appears in 5 contracts
Samples: Employment Agreement (FTS International, Inc.), Severance Agreement (FTS International, Inc.), Severance Agreement (FTS International, Inc.)
Waiver of Breach. Any The waiver by a Party of a breach of any provision of this Agreement by the other Party a party hereto shall not operate or be construed as a waiver of any subsequent breach by the other or any subsequent breachparty thereto.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Juniper Partners Acquisition Corp.), Employment Agreement (Juniper Partners Acquisition Corp.), Employment Agreement (Juniper Partners Acquisition Corp.)
Waiver of Breach. Any The waiver by a Party either party of a any breach of any provision of this Agreement by the other Party shall not operate or be construed as deemed a waiver of any subsequent breach by the other party of the same or any subsequent breachof different provisions.
Appears in 5 contracts
Samples: Subaward Agreement, Subaward Agreement, Sample Subaward Agreement
Waiver of Breach. Any The waiver by a Party any party hereto of a breach of any provision of this Agreement by the other Party another party hereto must be in writing and shall not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Fresh2 Group LTD), Limited Liability Company Agreement, Limited Liability Company Agreement (First Wind Holdings Inc.)
Waiver of Breach. Any The waiver by a Party either party of a breach of any ---------------- provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 5 contracts
Samples: Executive Agreement (Cornerstone Brands Inc), 4 Executive Agreement (Cornerstone Brands Inc), Executive Agreement (Cornerstone Brands Inc)
Waiver of Breach. Any The waiver by a Party of any party to a breach of any provision of in this Agreement by the other Party shall Amendment cannot operate or be construed as a waiver of any other or any subsequent breachbreach by a party.
Appears in 5 contracts
Samples: Employment Agreement (Duke Energy Field Services LLC), Employment Agreement (Duke Energy Field Services LLC), Duke Energy Field Services LLC
Waiver of Breach. Any The waiver by a Party any party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the breaching party.
Appears in 5 contracts
Samples: Employment Agreement (Aly Energy Services, Inc.), Employment Agreement (Aly Energy Services, Inc.), Employment Agreement (Aly Energy Services, Inc.)
Waiver of Breach. Any waiver by a Party either party of a breach of compliance with any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breachbreach by such party of a provision of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Best Buy Co Inc), Employment Agreement (Best Buy Co Inc), Employment Agreement (Musicland Stores Corp)
Waiver of Breach. Any waiver Waiver by a any Party of a breach hereto of any provision term and/or breach of this Agreement by the other Party shall not operate be deemed or be construed as a waiver of any other term and/or breach, whether prior, subsequent, or any subsequent breachcontemporaneous with this Agreement.
Appears in 4 contracts
Samples: Settlement Agreement and Release (Generex Biotechnology Corp), Settlement Agreement and Release (Generex Biotechnology Corp), Settlement Agreement and Release (Generex Biotechnology Corp)
Waiver of Breach. Any waiver by a Party either party of a breach of any provision of this Agreement by the other Party shall not operate or be construed as deemed a waiver of any other breach of the same or any subsequent breachdifferent provisions of this Agreement.
Appears in 4 contracts
Samples: Ipa Service Agreement (Wellcare Management Group Inc), Ipa Service Agreement (Wellcare Management Group Inc), Ipa Service Agreement (Wellcare Management Group Inc)
Waiver of Breach. Any A waiver by a either Party of a any breach of any provision the provisions of this Agreement by the other Party shall 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 such term or condition in any other or instance nor will any subsequent breachwaiver constitute a continuing waiver hereunder. No waiver will be binding unless executed in writing by the Party 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. Any A waiver by a Party either party of a any breach of any provision of this Agreement by the other Party party shall be made in writing and shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the other party.
Appears in 4 contracts
Samples: Employment Agreement (Moneygram International Inc), Employment Agreement (Moneygram International Inc), Employment Agreement (Moneygram International Inc)
Waiver of Breach. Any The waiver by a either Party of a any breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach by the other Party shall not operate of the same or be construed as a waiver of any other or any subsequent breachdifferent provisions.
Appears in 4 contracts
Samples: Professional Services Agreement, Employee Services Sharing Agreement, Shared Services Agreement
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any subsequent or continuing breach of the same provision or of any other or any subsequent breachprovision of this Agreement.
Appears in 4 contracts
Samples: Star Group, L.P., Star Gas Partners Lp, Star Gas Finance Co
Waiver of Breach. Any waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by such party.
Appears in 4 contracts
Samples: Consulting Agreement (Medytox Solutions, Inc.), Consulting Agreement (Medytox Solutions, Inc.), Consulting Agreement (Cyberdefender Corp)
Waiver of Breach. Any The waiver by a Party any party of a breach of any provision of this Agreement agreement by the other Party party shall not operate or be construed as a waiver of any subsequent or other or any subsequent breachbreach by the other party. Any waiver must be in writing.
Appears in 4 contracts
Samples: And (Financial Performance Corp), And (Financial Performance Corp), Director's Agreement (Financial Performance Corp)
Waiver of Breach. Any The waiver by a Party party of a breach by the other party of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breach of the same provision. No delay in acting with regard to any breach of any provision of this Agreement shall be construed to be a waiver of such breach.
Appears in 4 contracts
Samples: Resident Employment Agreement, Resident Employment Agreement, Resident Employment Agreement
Waiver of Breach. Any The waiver by a Party of any party hereto of a breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachparty.
Appears in 4 contracts
Samples: townofnagshead.net, townofnagshead.net, townofnagshead.net
Waiver of Breach. Any The waiver by a Party either party hereto of a breach of any provision of this Agreement by the other Party party hereto shall not operate as or be construed as to be a waiver of any subsequent breach of such other or any subsequent breachparty.
Appears in 4 contracts
Samples: Employment Agreement (Ionics Inc), Purchase Agreement (Ionics Inc), Employment Agreement (Ionics Inc)
Waiver of Breach. Any The waiver by a Party any party of a breach by another party of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the breaching party. No waiver shall be valid unless in writing and signed by the party sought to be bound.
Appears in 4 contracts
Samples: Consulting Agreement (Bbooth, Inc.), Consulting Agreement (Hybrid Technologies Inc.), Consulting Agreement (Transax International LTD)
Waiver of Breach. Any The waiver by a Party any party of a breach of any provision of this Agreement by the any other Party party shall not operate or be construed as a waiver of any other subsequent breach of that provision or any subsequent breachother provision hereof.
Appears in 4 contracts
Samples: Professional Services Agreement (Frontier Group Holdings, Inc.), Professional Services Agreement (Frontier Group Holdings, Inc.), Professional Services Agreement (Spirit Airlines, Inc.)
Waiver of Breach. Any A waiver by a Party either party hereto of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver or estoppel by the nonbreaching party of any other or any subsequent breachbreach , and no waiver shall be valid unless it is contained in a signed writing.
Appears in 4 contracts
Samples: Employment Agreement (Ultrak Inc), Employment Agreement (Ultrak Inc), Employment Agreement (Ultrak Inc)
Waiver of Breach. Any waiver Waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any subsequent breach by the other or any subsequent breachparty.
Appears in 3 contracts
Samples: Consulting Agreement (Taurus Entertainment Companies Inc), Consulting Agreement (Econnect), Consulting Agreement (Origin Investment Group Inc)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other subsequent breach of that provision or any subsequent breachother provision hereby.
Appears in 3 contracts
Samples: Management Agreement (Commercial Vehicle Group, Inc.), Management Agreement (Commercial Vehicle Group, Inc.), Management Agreement (Allotech International Inc)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party party or any respective Affiliates shall not operate or be construed as a waiver of any other or subsequent breach by such breaching party of such or any subsequent breachother provision.
Appears in 3 contracts
Samples: Non Competition Agreement (Constar Inc), Non Competition Agreement (Constar International Inc), Non Competition Agreement (Constar International Inc)
Waiver of Breach. Any The waiver by a Party either party to this Agreement of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver by such party of any subsequent breach by such other or any subsequent breachparty.
Appears in 3 contracts
Samples: Employment Agreement (Home Stake Oil & Gas Co), Employment Agreement (Home Stake Oil & Gas Co), Employment Agreement (Home Stake Oil & Gas Co)
Waiver of Breach. Any The waiver by a Party one party of a breach of any provision of this Agreement by the other Party shall party will not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 3 contracts
Samples: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement
Waiver of Breach. Any waiver by a Party of a breach of any provision of this Agreement by the other Party shall will not operate or be construed as a waiver of any other or any subsequent breach.
Appears in 3 contracts
Samples: Employment Agreement (Sciquest Inc), Executive Employment Agreement (Network Systems International Inc), Executive Employment Agreement (Sciquest Com Inc)
Waiver of Breach. Any The waiver by a Party either party of a any breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the breaching party.
Appears in 3 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Waiver of Breach. Any The waiver by a Party party of a breach of any provision of this Agreement agreement by the other Party another party shall not operate or be construed as a waiver of any subsequent or other or any subsequent breachbreach by such other party. Any waiver must be in writing.
Appears in 3 contracts
Samples: Employment Agreement (Financial Performance Corp), Executive Employment Agreement (Financial Performance Corp), Executive Employment Agreement (Financial Performance Corp)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this the Agreement by the other Party party shall not operate or to be construed as a waiver of any subsequent breach by the other or any subsequent breachparty.
Appears in 3 contracts
Samples: Business Consulting Agreement (Invisa Inc), Consulting Agreement (Navitone Technologies Inc), Business Consulting Agreement (Invisa Inc)
Waiver of Breach. Any A Party’s waiver by a Party of a another Party’s breach of any term or provision of this Agreement by the other Party shall will not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachParty.
Appears in 3 contracts
Samples: Intergovernmental Agreement for Govprime, Agreement, An Intergovernmental Agreement
Waiver of Breach. Any The waiver by a Party either party hereto of a breach ---------------- of any provision of this Agreement by the other Party party hereto shall not operate or be construed as a waiver by such party of any subsequent breach of such other or any subsequent breachparty.
Appears in 3 contracts
Samples: Ratification Agreement (E Stamp Corp), Ratification Agreement (E Stamp Corp), Ratification Agreement (E Stamp Corp)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party shall party will not operate or be construed as a waiver of any other subsequent breach of that provision or any subsequent breachother provision hereof.
Appears in 3 contracts
Samples: Amended 2012 Management Agreement (Applied Minerals, Inc.), Amended 2012 Management Agreement (Applied Minerals, Inc.), Amended 2012 Management Agreement (Applied Minerals, Inc.)
Waiver of Breach. Any A Party's waiver by a Party of a the other Party's breach of any term or provision of this Agreement by the other Party shall will not operate or be construed as a waiver of any other or any subsequent breachbreach by either Party.
Appears in 3 contracts
Samples: Inclusion Intergovernmental Agreement, Inclusion Intergovernmental Agreement, Dissolution Intergovernmental Agreement
Waiver of Breach. Any The waiver by a Party any party hereto of a breach of any provision of this the Agreement by the other Party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachof the parties hereto.
Appears in 3 contracts
Samples: Employment Agreement (Petrogress, Inc), Employment Agreement (Petrogress, Inc.), Employment Agreement (Petrogress, Inc.)
Waiver of Breach. Any waiver by a Party any party hereto of a breach of any provision of the provisions of this Agreement by the any other Party party shall not operate or be construed as a waiver by the other parties of any other of the rights and privileges of said parties hereunder or of any subsequent breach.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Implant Sciences Corp), Asset Purchase Agreement (Implant Sciences Corp), Stock Transfer and License Agreement (Daedalus Systems Inc)
Waiver of Breach. Any The waiver by a Party one party to this Agreement of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the said party.
Appears in 3 contracts
Samples: Employment Agreement (American Technology Corp /De/), Employment Agreement (American Technology Corp /De/), Employment Agreement (American Technology Corp /De/)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any subsequent breach by the other or any subsequent breach.party. (E)
Appears in 3 contracts
Samples: Consulting Agreement (Gump & Co Inc), Consulting Agreement (Gump & Co Inc), Services Agreement (Gump & Co Inc)
Waiver of Breach. Any The waiver by a either Party of a breach of any provision of this Agreement Agree- ment by the other Party party shall not operate or be construed as a waiver of any subsequent breach by the other or any subsequent breachParty.
Appears in 3 contracts
Samples: Consulting Advisory Services Agreement (Nutrafuels Inc), Consulting Advisory Services Agreement (Nutrafuels Inc), Consulting Advisory Services Agreement (Nutrafuels Inc)
Waiver of Breach. Any waiver Waiver by a Party any party of a breach of any provision of this Agreement by the other Party ---------------- shall not operate as or be construed as a waiver by such party of any other or any subsequent breachbreach hereof.
Appears in 2 contracts
Samples: Employment Agreement (Premier National Bancorp Inc), Employment Agreement (Premier National Bancorp Inc)
Waiver of Breach. Any The waiver by a Party any of the parties of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breach.breach by the other party. (Signature Page Follows)
Appears in 2 contracts
Samples: Asset Purchase Agreement (Derma Sciences, Inc.), Asset Purchase Agreement (Derma Sciences, Inc.)
Waiver of Breach. Any The waiver by a any Party of a breach of any provision of this Agreement by the any other Party shall will not operate or be construed as a waiver of any other subsequent breach of that provision or any subsequent breachother provision thereby.
Appears in 2 contracts
Samples: Consulting Agreement (Autoliv Inc), Consulting Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Waiver of Breach. Any The waiver by a Party one party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other subsequent breach of the same or any subsequent breachother provision of this Agreement by that party.
Appears in 2 contracts
Samples: Consulting Agreement (SPSS Inc), Consulting Agreement (SPSS Inc)
Waiver of Breach. Any waiver by a Party party of a breach of any provision of this Agreement agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breach.be
Appears in 2 contracts
Samples: Option Agreement (Bioprogress Technology International Inc), Consulting and Option Agreement (CNH Holdings Co)
Waiver of Breach. Any The waiver by a Party party of a breach of any provision of this Agreement by the other Party another party shall not operate or be construed as a waiver of any other subsequent breach of that provision or any subsequent breachother provision hereof.
Appears in 2 contracts
Samples: Management Agreement (GSE Holding, Inc.), Management Agreement (GSE Lining Technology, Inc.)
Waiver of Breach. Any The waiver by a Party party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breach.
Appears in 2 contracts
Samples: Joint Development and Markerting Agreement (Applied Dna Sciences Inc), Marketing and Distribution Agreement (Applied Dna Sciences Inc)
Waiver of Breach. Any The waiver by a any Party to this Addendum of a breach of any term or provision of this Agreement by the other Party Addendum shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachParty.
Appears in 2 contracts
Samples: Improvement Agreement, www.semswa.org
Waiver of Breach. Any waiver by a Party either party of a breach of compliance with ------------------ any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breachbreach by such party of a provision of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Goran Capital Inc), Employment Agreement (Symons International Group Inc)
Waiver of Breach. Any The waiver by a Party either party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other subsequent breach or any subsequent breachviolation thereof.
Appears in 2 contracts
Samples: Employment Agreement, Service Agreement
Waiver of Breach. Any The waiver by a Party any party of a any breach by any other party of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other subsequent breach by the nonbreaching party or any subsequent breachparties.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services Agreement
Waiver of Breach. Any The waiver by a Party party of any breach of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach thereby.
Appears in 2 contracts
Samples: Employment Agreement (Metal Management Inc), Competition Agreement (Metal Management Inc)
Waiver of Breach. Any The waiver by a Party any party hereto of a any breach of any provision of this Agreement by the other Party shall not operate or be construed as deemed a waiver by such party of any other or any subsequent breach.
Appears in 2 contracts
Samples: Employment Agreement (TreeHouse Foods, Inc.), Consulting Services Agreement (TreeHouse Foods, Inc.)
Waiver of Breach. Any A waiver by a Party of a breach either party to this Agreement, at any time, of any breach by the other party hereto of any condition or provision of this Agreement by the other Party shall not operate or be construed as deemed a waiver of any other or any subsequent breachbreach by either party.
Appears in 2 contracts
Samples: Confidentiality and Non ‐disclosure Agreement, Confidentiality and Non Disclosure Agreement
Waiver of Breach. Any The waiver by a Party either party of a breach of any ---------------- provision of this Agreement by the other Party party must be in writing and shall not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 2 contracts
Samples: Employment Agreement (Innovir Laboratories Inc), Employment Agreement (Vimrx Pharmaceuticals Inc)
Waiver of Breach. Any The waiver by a Party either party of a breach of any ---------------- provision of this Agreement by the other Party party must be in writing and shall not operate or be construed as a waiver of any other or any subsequent breachbreach by such party receiving the waiver.
Appears in 2 contracts
Samples: Severance Agreement (Cytogen Corp), Severance Agreement (Cytogen Corp)
Waiver of Breach. Any The waiver by a Party party of a any breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver by that party of any subsequent breach by the other or any subsequent breachparty.
Appears in 2 contracts
Samples: Residential Management Agreement, Residential Management Agreement
Waiver of Breach. Any The waiver by a Party party of a breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breach by the party in breach.. 9.7
Appears in 2 contracts
Waiver of Breach. Any The waiver by a Party any party of a breach of any provision provision, agreement or covenant of this Agreement by the other Party party shall not operate or be construed as a waiver of any other subsequent breach of the same or any subsequent breachother provision, agreement or covenant by such other party.
Appears in 2 contracts
Samples: Management and Distribution Agreement, Donor Advised Fund Agreement
Waiver of Breach. Any The waiver by a Party either xxxxx of a breach of any provision of this Agreement by the other Party shall xxxxx must be in writing and will not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement (Zai Lab LTD)
Waiver of Breach. Any A waiver by a Party the Bank or Xxxxxx of a any breach of any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or subsequent breach by the other party. Under no circumstances shall Xxxxxx be deemed to have waived any subsequent breachrights that are non-waivable under applicable law.
Appears in 2 contracts
Samples: Employment Agreement (First Light Bancorp), Employment Agreement (First Light Bancorp)
Waiver of Breach. Any The waiver by a Party one party to this Agreement of a breach of any provision of this Agreement by the other Party party shall not operate as or be construed as a waiver of any subsequent breach or breaches by the other or any subsequent breachparty.
Appears in 2 contracts
Samples: Client Services Agreement, Client Services Agreement
Waiver of Breach. Any The waiver by a Party of any party of a breach of any provision of this Agreement AGREEMENT by the other Party shall not operate or be construed as a waiver of any other or any subsequent breach.
Appears in 2 contracts
Samples: Settlement Agreement (Cyber Care Inc), Settlement Agreement (Princeton Dental Management Corp)
Waiver of Breach. Any The waiver by a Party any party hereto of a breach of any ---------------- provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachparty.
Appears in 2 contracts
Samples: Employment Agreement, Shareholders Agreement (Madison River Capital LLC)
Waiver of Breach. Any The waiver by a Party any party of a breach of any provision of this Agreement by the any other Party party(s) must be in writing and shall not operate or be construed as a waiver of any subsequent breach by such other or any subsequent breachparty(s).
Appears in 2 contracts
Samples: Employment Agreement (Sgi International), Employment Agreement (Sgi International)
Waiver of Breach. Any waiver by a Party of either party or a breach of any provision provisions of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachparty.
Appears in 2 contracts
Samples: Keros Capital Consulting Agreement (National Automation Services Inc), Consulting Agreement (L L Brown International Inc)
Waiver of Breach. Any The waiver by a any Party of a breach of any term or provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachParty.
Appears in 2 contracts
Samples: Subdivision Development Agreement, Subdivision Improvement Agreement
Waiver of Breach. Any A waiver by a Party either party of a breach of any ---------------- provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other breach of another provision or any subsequent breachbreach of the same provision.
Appears in 2 contracts
Samples: Employment Agreement (Comple Tel LLC), Employment Agreement (Comple Tel LLC)
Waiver of Breach. Any The waiver by a Party party of a breach or violation by ---------------- any other party of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other subsequent breach or violation by any party of the same or any subsequent breachother provision of this Agreement. No such waiver shall be effective unless in writing signed by the party claimed to have made the waiver.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Urogen Corp), Asset Transfer Agreement (Nexell Therapeutics Inc)
Waiver of Breach. Any waiver Waiver by a either Party of a any breach by the other Party of any provision of this Agreement by the other Party shall not operate or be construed as deemed a waiver of any other or any subsequent breach, nor excuse any other breach of this Agreement by either Party.
Appears in 1 contract
Samples: General Agreement
Waiver of Breach. Any The waiver by a Party any party of a breach of any term or provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other subsequent breach of the same or any subsequent breachother term or provision by any other party.
Appears in 1 contract
Samples: Development Agreement
Waiver of Breach. Any The waiver by a Party party of a breach of any provision of provisionof this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breach by the party in breach.
Appears in 1 contract
Waiver of Breach. Any The waiver by a Party one party to this Agreement of a breach of ---------------- any provision of this Agreement by the other Party party shall not operate or be construed as a waiver of any other or any subsequent breachbreach by the said party.
Appears in 1 contract
Samples: Employment Agreement (American Technology Corp /De/)
Waiver of Breach. Any The waiver by a Party any party hereto of a breach of any ---------------- provision of this Agreement by the other Party shall will not operate or be construed as a waiver of any other or subsequent breach by any subsequent breachparty.
Appears in 1 contract
Samples: Employment Agreement (Ricks Cabaret International Inc)
Waiver of Breach. Any The waiver by a one Party of a any breach of any provision of this Agreement by the any other Party shall not operate or be construed as deemed a waiver of any other prior or any subsequent breachbreach of this Agreement.
Appears in 1 contract
Samples: Termination and Release Agreement (Farmland Partners Inc.)
