Common use of Waiver of Breach Clause in Contracts

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

Appears in 227 contracts

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

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

Appears in 39 contracts

Samples: Separation Agreement and Release (SP Plus Corp), Separation Agreement and Release (SP Plus Corp), Employment Agreement (SP Plus Corp)

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

Appears in 28 contracts

Samples: Employment Agreement (Imperial Sugar Co /New/), Employment Agreement (Imperial Sugar Co /New/), Employment Agreement (Imperial Sugar Co /New/)

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

Appears in 27 contracts

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

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

Appears in 25 contracts

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

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

Appears in 25 contracts

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

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

Appears in 24 contracts

Samples: Employment Agreement (Cadence Bancorporation), Employment Agreement (Cadence Bancorporation), Employment Agreement (Cadence Bancorporation)

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

Appears in 21 contracts

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

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

Appears in 18 contracts

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

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

Appears in 8 contracts

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

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

Appears in 8 contracts

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

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

Appears in 6 contracts

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

Waiver of Breach. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by any party which are not expressly set forth in this Agreement. No waiver by any party hereto of a breach of any provision of this Agreement by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate or be construed as a waiver of any subsequent breach by such other party of or any similar or dissimilar provisions and conditions at the same or any prior or subsequent time. The failure of any party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues.

Appears in 3 contracts

Samples: Employment Agreement (DecisionPoint Systems, Inc.), Employment Agreement (DecisionPoint Systems, Inc.), Employment Agreement (DecisionPoint Systems, Inc.)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Advisory Agreement (Prologis), Consulting Agreement (Bradley Real Estate Inc)

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

Appears in 1 contract

Samples: Employment Agreement (Synagro Technologies Inc)

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

Appears in 1 contract

Samples: Separation Agreement (Sprint Corp)

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

Appears in 1 contract

Samples: Employment Agreement (Synagro Technologies Inc)

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

Appears in 1 contract

Samples: Employment Agreement (Startt Acquisition Inc & Startt Acquisition LLC)

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

Appears in 1 contract

Samples: Employment Agreement (Lexicon Genetics Inc/Tx)

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

Appears in 1 contract

Samples: Employment Agreement (Lexicon Genetics Inc/Tx)

Waiver of Breach. No waiver by any of either party hereto of a breach of any provision of this Agreement by any the other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, party will operate or be construed as a waiver of any subsequent breach by such other party of any similar or dissimilar provisions and conditions at the same or any prior or subsequent timeparty. The failure of any either party hereto to take any action by reason of such breach will not deprive such party of the right to take action at any time while such breach continues. This Agreement is in addition to and does not in any way waive or detract from any rights or causes of action the Company may have relating to trade secrets or Confidential Information under statutory or common law or under any other agreement.

Appears in 1 contract

Samples: Non Competition and Confidentiality Agreement (Tekgraf Inc)

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

Appears in 1 contract

Samples: Execution Version (Cdi Corp)

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

Appears in 1 contract

Samples: Employment Agreement (Lexicon Genetics Inc/Tx)

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

Appears in 1 contract

Samples: Employment Agreement (Perrigo Co)

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

Appears in 1 contract

Samples: Venture Agreement (Allis Chalmers Corp)

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

Appears in 1 contract

Samples: Letter Agreement (Marathon Petroleum Corp)

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