Common use of Waiver of Breach Clause in Contracts

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 202 contracts

Samples: Performance Share Unit Agreement (Green Plains Inc.), Performance Share Unit Agreement (Green Plains Inc.), Non Qualified Stock Option Agreement (ADT Inc.)

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Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other party must be in writing and shall will not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 72 contracts

Samples: Executive Employment Agreement (LianBio), Executive Employment Agreement (LianBio), Executive Employment Agreement (LianBio)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 41 contracts

Samples: Employment Agreement (Network 1 Technologies Inc), Employment Agreement (Network 1 Security Solutions Inc), Employment Agreement (Health Benefits Direct Corp)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement Award must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 17 contracts

Samples: Stock Option Grant Agreement (Aramark), Performance Stock Unit Award Agreement (Aramark), Restricted Stock Unit Award Agreement (Aramark)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach. Any of the provisions of this Agreement may be waived only by an instrument in writing executed by the party or parties whose rights are being waived.

Appears in 14 contracts

Samples: Nonqualified Stock Option Agreement (Metaldyne Performance Group Inc.), Nonqualified Stock Option Agreement (Metaldyne Performance Group Inc.), Nonqualified Stock Option Agreement (Metaldyne Performance Group Inc.)

Waiver of Breach. The waiver by either party of a breach of any provision term of this Agreement must be in writing and shall not operate or nor be construed as a waiver of any other subsequent breach thereof. Any waiver must be in writing and signed by the Executive or subsequent breachan authorized officer of the Company, as the case may be.

Appears in 10 contracts

Samples: Executive Employment Agreement (Harris Corp /De/), Employment Agreement (Clintrials Research Inc), Employment Agreement (St Paul Companies Inc /Mn/)

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

Appears in 9 contracts

Samples: Employment Agreement (Cross Country Healthcare Inc), Employment Agreement (Cross Country Healthcare Inc), Employment Agreement (Cross Country Healthcare Inc)

Waiver of Breach. The waiver by either party of a the breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party. Any waiver by either party must be in writing and signed by a representative who has the authority to bind such party.

Appears in 8 contracts

Samples: Hvac Optimization Agreement, Noncompetition Agreement (TomoTherapy Inc), Employment Agreement (Obagi Medical Products, Inc.)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement must shall not be effective unless in writing signed by the party to be charged therewith and shall will not operate or be construed as a waiver of any other or subsequent breach.

Appears in 7 contracts

Samples: Employment Agreement (Community Care Services Inc), Employment Agreement (Community Care Services Inc), Employment Agreement (Community Care Services Inc)

Waiver of Breach. The All waivers under this Agreement shall be in writing. Any waiver by either a party of a the breach of any provision or of any condition precedent of this Agreement must be in writing and shall not operate or be construed as a waiver of any subsequent breach of that provision or as a waiver of the breach of any other provision or subsequent breachof any other condition precedent.

Appears in 7 contracts

Samples: Joint Venture Termination Agreement (Elite Data Services, Inc.), Share Cancellation Agreement (Ubiquity Broadcasting Corp), Share Purchase and Cancellation Agreement (Sealand Natural Resources Inc)

Waiver of Breach. The A waiver by either party any Party to this Agreement of a the breach of any term or provision of this Agreement must be in writing and shall will not operate or be construed as a waiver of any other or subsequent breachbreach by any Party.

Appears in 7 contracts

Samples: Redevelopment Agreement, Redevelopment Agreement, Sales Tax Credit Ordinance

Waiver of Breach. The waiver by either party of a the breach of any provision of this Agreement by the other party must be in writing and shall not operate or nor be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 5 contracts

Samples: Interlocal Agreement, Interlocal Agreement, Interlocal Agreement

Waiver of Breach. The A waiver by either party any Party to this Agreement of a the breach of any term or provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach by any Party.

Appears in 4 contracts

Samples: Redevelopment and Reimbursement Agreement, Redevelopment and Reimbursement Agreement, Redevelopment and Reimbursement Agreement

Waiver of Breach. The waiver by either party xxxxx of a breach of any provision of this Agreement by the other xxxxx must be in writing and shall will not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Zai Lab LTD)

Waiver of Breach. The waiver by either party of a breach of any provision of this Operating Agreement must be in writing and shall not operate as or be construed as a waiver of any other or subsequent breach. Each and every right, remedy, and power granted to any party by this Agreement or allowed it by law shall be cumulative and not exclusive of any other.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Waiver of Breach. The waiver by either party of a breach ---------------- of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Service Stock Option Agreement (Pacer International Inc), Supplemental Stock Option Agreement (Pacer International Inc)

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

Appears in 2 contracts

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

Waiver of Breach. Any waiver of any provision or right by a party must be in writing. The waiver of any breach of this Agreement by either party of hereto will not constitute a breach of any provision of this Agreement must be in writing and shall not operate continuing waiver or be construed as a waiver of any subsequent breach of either the same or any other or subsequent breachprovision of this Agreement.

Appears in 2 contracts

Samples: Provider Network Agreement (Mim Corp), Provider Agreement (PMR Corp)

Waiver of Breach. The waiver by either party of a breach of any ---------------- provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Novelis Inc.), Sars Agreement (Novelis Inc.)

Waiver of Breach. The waiver by either party INS or Consultant of a the breach ---------------- of any provision of this Agreement must be in writing and by the other party, or the failure to exercise any right granted under this Agreement shall not operate or be construed as a the waiver of any subsequent breach by the other party or subsequent breachthe waiver of the right to exercise any such right in the future.

Appears in 2 contracts

Samples: Independent Marketing Consultant Agreement (Insynq Inc), Independent Marketing Consultant Agreement (Insynq Inc)

Waiver of Breach. The A waiver by either any party to this Agreement of a the breach of any term or provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party. Any waiver must be provided for in a signed writing.

Appears in 2 contracts

Samples: Lease and Management Agreement, Lease Agreement

Waiver of Breach. The waiver by of either party of a breach of any provision pro vision of this Agreement Agreement, which waiver must be in writing and to be effective, shall not operate as or be construed as a waiver of any other or subsequent breach.,

Appears in 2 contracts

Samples: Employment Agreement (Cross Country Inc), Employment Agreement (Cross Country Inc)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other party must be in writing and shall will not operate or be construed as a waiver of any subsequent breach by such other or subsequent breach.party. SIGNATURE PAGE OF EMPLOYMENT AGREEMENT

Appears in 1 contract

Samples: Employment Agreement (Zai Lab LTD)

Waiver of Breach. The waiver by either party of a breach of any provision of this Employment Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Mastec Inc)

Waiver of Breach. The waiver by either party of a breach of any provision of ----------------- this Agreement by the other party must be in writing and shall will not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 1 contract

Samples: Employment Agreement (Medimmune Inc /De)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party. All waivers must be in writing and signed by the party waiving its rights.

Appears in 1 contract

Samples: Website Advertising Agreement

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement must will not be effective or binding unless made in writing and shall not operate or signed by the party purporting to give the same and, unless otherwise provided in the written waiver, will be construed as a waiver of any other or subsequent breachlimited to the specific breach waived.

Appears in 1 contract

Samples: Employment Agreement

Waiver of Breach. The A waiver by either party in writing of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver or estoppel by the waiving party of any other or subsequent breach, and no waiver shall be valid unless it is contained in a signed writing.

Appears in 1 contract

Samples: Severance Agreement (Ultrak Inc)

Waiver of Breach. The waiver by either party of a breach Each wavier of any provision or breach of this Agreement must be in writing executed by the waiving party and shall not operate or be construed as a no waiver of any provision or breach hereof will waive any other provisions and/or breach or subsequent be deemed another waiver of the same provision or breach, except as otherwise expressly specified therein.

Appears in 1 contract

Samples: Breeding Service Agreement

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Waiver of Breach. The waiver by either any party of a breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach by any party. All waivers shall be in writing to be effective.

Appears in 1 contract

Samples: Management Services Agreement

Waiver of Breach. This Agreement cannot be waived, altered, amended, or modified, in whole or in part, except by writing signed by both parties hereto. The waiver by either party of a any breach of any provision of this Agreement must be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach of any provision of this Agreement.

Appears in 1 contract

Samples: Retention Agreement (Fair Isaac Corp)

Waiver of Breach. The waiver by either party of a breach of any provision of this the Agreement must be in writing and shall not operate or be construed as a waiver of any other breach. Each of the parties to the Agreement will be entitled to enforce its or subsequent breachhis/her rights under the Agreement, specifically, to recover damages by reason of any breach of any provision of the Agreement and to exercise all other rights existing in its or his/her favor.

Appears in 1 contract

Samples: Consulting Agreement (Southern Power Co)

Waiver of Breach. The waiver by either party Party of a breach of any provision of this Agreement must be in writing and by the other Party shall not operate or be construed as a waiver of any subsequent breach of that provision or any other or subsequent breachprovision hereof. Any waiver of a provision hereunder by the Issuer shall require the consent of the Majority Noteholders.

Appears in 1 contract

Samples: Management Services Agreement (Alpine Summit Energy Partners, Inc.)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Ccair Inc)

Waiver of Breach. The waiver by of either party of a breach of any ---------------- provision of this Agreement Agreement, which waiver must be in writing and to be effective, shall not operate as or be construed as a waiver of any other or subsequent breach.,

Appears in 1 contract

Samples: Employment Agreement (Interliant Inc)

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other must be in writing and shall will not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 1 contract

Samples: Employment Agreement (Progenics Pharmaceuticals Inc)

Waiver of Breach. Any waiver of any term and condition of this Agreement must be in writing and signed by the party against whom it is sought to be asserted. The waiver by either party of a breach or violation of any provision of this Agreement must be in writing and shall not operate as, or be construed as to constitute, a waiver of any other provision hereof or of any subsequent breach.or continuing breach of the same or another provision hereof. No failure, neglect or delay on the part of any party in exercising any right hereunder will be deemed a waiver thereof and shall not

Appears in 1 contract

Samples: Telehealth Services Agreement

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach by such party.

Appears in 1 contract

Samples: Software License Agreement (Reliance Group Holdings Inc)

Waiver of Breach. The Any waiver by either party any Party of a breach of any term or provision of this Development Agreement must be in writing writing, and shall not no such waiver will operate or be construed as a waiver of any other term or provision or of any subsequent breachbreach by any Party.

Appears in 1 contract

Samples: Development and Vested Property Rights Agreement

Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement must shall be in evidenced by a writing signed by the parties, and shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Wendy's Co)

Waiver of Breach. The waiver by of either party of a breach of any provision of this Agreement Agreement, which waiver must be in writing and shall signed by the waiving party to be effective, will not operate as or be construed as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Cross Country Healthcare Inc)

Waiver of Breach. The waiver by of either party of a breach of any provision of this Agreement agreement, which waiver must be in writing and to be effective, shall not operate as or be construed as a waiver of any other or subsequent breach.,

Appears in 1 contract

Samples: Employment Agreement (Sabre Industries, Inc.)

Waiver of Breach. The waiver by either any party of a breach or violation of any provision of this Agreement Contract must be in writing and shall not operate or be construed as a waiver of any subsequent breach of the same or any other or subsequent breachprovision of this Contract.

Appears in 1 contract

Samples: Transportation Management Services Contract

Waiver of Breach. The waiver by either party of a breach of any provision condition of this Agreement must by the other shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breachbreach by the other.

Appears in 1 contract

Samples: Consulting Agreement (Colonial Downs, LLC)

Waiver of Breach. The waiver by either party of a breach of any provision of this Standstill Agreement by the other party must be in writing and shall not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 1 contract

Samples: Standstill Agreement (American United Global Inc)

Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement must be in writing to be effective and shall will not operate or as nor be construed as a waiver of any other breach or any subsequent breach.

Appears in 1 contract

Samples: Employee Lease Agreement

Waiver of Breach. The waiver by either party of a breach ---------------- of any provision of this Agreement by the other party must be in writing and shall will not operate or be construed as a waiver of any subsequent breach by such other or subsequent breachparty.

Appears in 1 contract

Samples: Employment Agreement (Apollo Investment Fund Iii Lp)

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