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 or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 82 contracts

Samples: Advisory Agreement, Management Agreement (Ceres Tactical Systematic L.P.), Advisory Agreement (LV Futures Fund L.P.)

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Waiver of Breach. The waiver by any party of a the breach of any provision of this Agreement by the other party or the failure of any party to exercise any right granted to it hereunder shall not operate or be construed as a the waiver of any subsequent breach or of a breach by any such other party. The failure of a party to insist upon strict adherence to any provision of nor the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceexercise any such right.

Appears in 31 contracts

Samples: 25executive Employment Agreement (mCloud Technologies Corp.), Executive Employment Agreement (mCloud Technologies Corp.), Executive Employment Agreement (mCloud Technologies Corp.)

Waiver of Breach. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed Except as a waiver of any subsequent breach or of a breach by any other party. The may specifically provided herein, the failure of a party to insist on strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any provision term of the Agreement shall not constitute a this Agreement. Any waiver or thereafter deprive such party of the right to insist upon strict adherencehereto must be in writing.

Appears in 25 contracts

Samples: Employment Agreement (Acell Inc), Employment Agreement (Acell Inc), Senior Executive Employment Agreement (Dealertrack Technologies, Inc)

Waiver of Breach. The waiver by any party hereto of a breach of any provision of this Agreement shall not neither operate or nor be construed as a waiver of any subsequent breach or of a breach by any other party. The Except as expressly provided for herein, the failure of a either party hereto to insist upon strict adherence to take any provision action by reason of the Agreement shall any breach will not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencetake action at any time while such breach occurs.

Appears in 21 contracts

Samples: Executive Employment Agreement (Omega Protein Corp), Employment Agreement (Luca Technologies Inc), Employment Agreement (Synthesis Energy Systems Inc)

Waiver of Breach. The No waiver by any party either Party of a breach of any provision of this Agreement shall not by the other Party, or of compliance with any condition or provision of this Agreement to be performed by the other Party, will operate or be construed as a waiver of any subsequent breach by the other Party or of a breach by any other partysimilar or dissimilar provision or condition at the same or any subsequent time. The failure of a party either Party to insist upon strict adherence to take any provision action by reason of the Agreement shall any breach will not constitute a waiver or thereafter deprive such party Party of the right to insist upon strict adherencetake action at any time while such breach continues.

Appears in 19 contracts

Samples: Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/), Employment Agreement (Enbridge Inc)

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 or of a breach by any other party. The failure of a party to insist on strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any provision term of the Agreement shall not constitute a this Agreement. Any waiver or thereafter deprive such party of the right to insist upon strict adherencehereto must be in writing.

Appears in 18 contracts

Samples: Employment Agreement (Hirsch International Corp), Employment Agreement (Hirsch International Corp), Employment Agreement (Hirsch International Corp)

Waiver of Breach. The waiver failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or the failure to exercise any right or remedy consequent upon a breach hereof shall not constitute a waiver of any such breach or of any covenant, agreement, term, or condition and the waiver by either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 18 contracts

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

Waiver of Breach. The No waiver by any party either Party hereto of a breach of any provision of this the Agreement shall not by any other Party, or of compliance with any condition or provision of the Agreement to be performed by such other Party, will operate or be construed as a waiver of any subsequent breach by such other Party or of a breach by any other partysimilar or dissimilar provision or condition at the same or any subsequent time. The failure of a party either Party hereto to insist upon strict adherence to take any provision action by reason of the Agreement shall any breach will not constitute a waiver or thereafter deprive such party Party of the right to insist upon strict adherencetake action at any time while such breach continues.

Appears in 16 contracts

Samples: Transition and Separation Agreement (Parker Drilling Co /De/), Employment Agreement (Parker Drilling Co /De/), Employment Agreement (Parker Drilling Co /De/)

Waiver of Breach. The waiver by any a party of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach or of by a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the this Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon a strict adherence.

Appears in 16 contracts

Samples: Management Contract (Future Fund Ii), Management Contract (Future Fund Ii), Management Contract (Futures Dimension Fund)

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 or of a breach by any other party. The failure No covenant, condition, duty, obligation, or undertaking that is part of a party to insist upon strict adherence to any provision this Agreement shall be waived except by the written consent of the Agreement shall not constitute a waiver or thereafter deprive party giving such party of the right to insist upon strict adherencewaiver.

Appears in 16 contracts

Samples: Faculty Appointment Contract, Faculty Appointment Contract, Clinical Appointment Contract

Waiver of Breach. The waiver by any 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 or of a breach by any other partybreach. The failure of a party to insist upon strict adherence to any provision Any of the provisions of this Agreement shall not constitute a waiver may be waived only by an instrument in writing executed by the party or thereafter deprive such party of the right to insist upon strict adherenceparties 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. Except as expressly provided herein to the contrary, the failure by any party to enforce any of its rights hereunder shall not be deemed to be a waiver of such rights, unless such waiver is an express written waiver. The waiver by any either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencethereof.

Appears in 12 contracts

Samples: Change of Control Agreement (Lumen Technologies, Inc.), Change of Control Agreement (Lumen Technologies, Inc.), Change of Control Agreement (Centurylink, Inc)

Waiver of Breach. The waiver by any failure of either party of a breach of hereto to enforce its rights under any provision of this Agreement shall not operate or be construed as a waiver of such breach or of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 11 contracts

Samples: Employment Agreement (Winland Electronics Inc), Employment Agreement (Winland Electronics Inc), Employment Agreement (Winland Electronics Inc)

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 or of a breach by any other party. The failure of a party to insist on strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any provision term of the Agreement shall not constitute this Agreement. Any waiver hereto must be in a waiver or thereafter deprive such party of the right to insist upon strict adherencewriting signed by both parties.

Appears in 10 contracts

Samples: Employment Agreement (Syscomm International Corp), Employment Agreement (Syscomm International Corp), Employment Agreement (Bcam International Inc)

Waiver of Breach. The waiver by Failure of either party to exercise any right under this Agreement, in the event the other party of a breach of any provision of breaches this Agreement Agreement, shall not operate or be construed as a waiver of any subsequent such breach or prevent the non-breaching party from later enforcing strict compliance with the terms of a breach this Agreement. Waiver of any right by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceEmployer hereunder must be in writing signed by Employer.

Appears in 8 contracts

Samples: Employment Agreement (Armstrong Energy, Inc.), Employment Agreement (Armstrong Coal Company, Inc.), Employment Agreement (Armstrong Coal Company, Inc.)

Waiver of Breach. The waiver by any party of Failure to declare a breach or the actual waiver of any provision particular breach of this Agreement the agreement or its material or nonmaterial terms by either party shall not operate or be construed as a waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right any of its rights or remedies as to insist upon strict adherenceany other breach.

Appears in 6 contracts

Samples: Official Bout Agreement, Licence Agreement, Licence Agreement

Waiver of Breach. The Either party’s waiver by any party of a breach of any provision of in this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or of a breach by any other the non-breaching party. The failure No waiver shall be valid unless in writing and signed by an authorized officer of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.D&E.

Appears in 5 contracts

Samples: Employment Agreement (D&e Communications Inc), Employment Agreement (D&e Communications Inc), Employment Agreement (D&e Communications Inc)

Waiver of Breach. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement, or condition. The waiver by any party of a breach of any provision covenant, duty, agreement, or condition of this Agreement of any other party shall not operate or be construed as a waiver of any subsequent breach of that provision or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencehereof.

Appears in 5 contracts

Samples: Registration Rights Agreement (Clearwater Analytics Holdings, Inc.), Registration Rights Agreement (Clearwater Analytics Holdings, Inc.), Registration Rights Agreement (Clearwater Analytics Holdings, Inc.)

Waiver of Breach. The waiver by any party of a breach of any provision of this Agreement shall not operate or Except as may be construed as a waiver of any subsequent breach or of a breach by any other party. The specifically provided herein, the failure of a party to insist on strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any provision term of the Agreement shall not constitute a this Agreement. Any waiver or thereafter deprive such party of the right to insist upon strict adherencehereto must be in writing.

Appears in 4 contracts

Samples: Employment Agreement (GTJ Reit, Inc.), Employment Agreement (GTJ Reit, Inc.), Employment Agreement (GTJ REIT, Inc.)

Waiver of Breach. The A waiver by any party 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 of the same or any other provisions of a this Agreement. The understandings and representations of the Parties set forth in this Agreement shall survive any breach of this Agreement and be enforceable by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencenon- breaching Party.

Appears in 4 contracts

Samples: go.boarddocs.com, Services) Service Agreement, westfield.schoolboard.net

Waiver of Breach. The failure of a Party to enforce any term, provision, or condition of this Agreement at any time or times shall not be deemed a waiver of that term, provision, or condition. The waiver by any party 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 or of a breach by any such other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceParty.

Appears in 3 contracts

Samples: Employment Agreement (Specialty Underwriters Alliance, Inc.), Employment Agreement (Specialty Underwriters Alliance, Inc.), Employment Agreement (Specialty Underwriters Alliance, Inc.)

Waiver of Breach. The waiver by any party you or Infinity Health of a breach or violation of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach or of a breach breach. Further, no failure by any other party. The failure of a either party to insist upon strict adherence performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any provision right or remedy consequent upon a breach shall constitute waiver of the Agreement shall not constitute a waiver any such breach or thereafter deprive such party of the right to insist upon strict adherenceany other covenant , duty, agreement m or condition.

Appears in 3 contracts

Samples: www.infinityhealth.md, www.infinityhealth.md, www.infinityhealth.md

Waiver of Breach. The Any waiver by any party of or a breach of any provision of this Agreement shall will not operate as or be construed as to be a waiver of any subsequent other breach of such provision or of a breach by any other party. The failure provision of this Agreement will not be considered a waiver or deprive any party of the right thereafter to insist upon strict adherence to that term or any provision other term of this Agreement. In addition, in granting any waiver, the Agreement shall not constitute a waiver or thereafter deprive such waiving party of the right will exercise its best efforts to insist upon strict adherenceensure that all Parties continue to have substantially equivalent rights, benefits, privileges, duties and responsibilities.

Appears in 3 contracts

Samples: Loan Servicing Agreement (CWS Investments Inc), Loan Servicing Agreement (CWS Investments Inc), Master Servicing Agreement

Waiver of Breach. The waiver by any a party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or of by a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the this Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 3 contracts

Samples: Marketing Agent Agreement (VanEck Ethereum Trust), Marketing Agent Agreement (VanEck Bitcoin Trust), Marketing Agent Agreement (Van Eck Merk Gold Trust)

Waiver of Breach. The failure by any party to enforce any of its rights hereunder shall not be deemed to be a waiver of such rights, unless such waiver is an express written waiver which has been signed by the waiving party. The waiver by any either party to this Agreement of a breach of any provision of this the Agreement by the other party shall not operate or be construed as a waiver by such party of any subsequent breach or of a breach by any such other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 3 contracts

Samples: Employment Agreement (Sigmatel Inc), Executive Employment Agreement (Sigmatel Inc), Employment Agreement (Sigmatel Inc)

Waiver of Breach. The waiver by any a party of a material breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or of a material breach by any other a party. The failure of a party to insist upon strict adherence to any provision of the this Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 2 contracts

Samples: Compliance Consulting Agreement (Uncommon Investment Funds Trust), Compliance Consulting Agreement (Uncommon Investment Funds Trust)

Waiver of Breach. The waiver by any party of a breach of any provision of this Agreement by the other party or the failure of any party to exercise any right granted to it hereunder shall not operate or be construed as a the waiver of any subsequent breach or of a breach by any such other party. The failure of a party to insist upon strict adherence to any provision of nor the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceexercise any such right.

Appears in 2 contracts

Samples: Consulting Agreement (HWEL Holdings Corp.), Consulting Agreement (New York Health Care Inc)

Waiver of Breach. The waiver failure by any party to enforce any of its rights hereunder shall not be deemed to be a breach waiver of such rights, unless such wavier is an express written waiver which has been signed by the waiving party. Waiver of any provision of this Agreement one breach shall not operate or be construed as deemed to be a waiver of any subsequent other breach of the same or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceprovisions hereof.

Appears in 2 contracts

Samples: Noncompetition Agreement (GRC International Inc), Noncompetition Agreement (GRC International Inc)

Waiver of Breach. The waiver by any party, or the failure by either party of to claim a breach (or give notice with respect thereto), of any provision of this Noncompetition Agreement shall will not operate be, or be construed as deemed to be, a waiver of any subsequent breach breach, or deemed to affect in any way the effectiveness, of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceprovision.

Appears in 2 contracts

Samples: Noncompetition Agreement (Inergy L P), Noncompetition Agreement (Star Gas Partners Lp)

Waiver of Breach. The waiver by any party of Failure to declare a breach or the actual waiver of any provision particular breach of this Agreement or its material or nonmaterial terms by either Party shall not operate or be construed as a waiver by such Party of any subsequent breach of its rights or of a breach by remedies as to any other partybreach. The failure No waiver of a party to insist upon strict adherence to any provision of the Agreement right or remedy shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencebe effective unless in writing.

Appears in 2 contracts

Samples: Interlocal Agreement for Management and Administrative Services, Interlocal Agreement for Management and Administrative Services

Waiver of Breach. The Neither the waiver by any party of the parties hereto of a breach or a default under any of the provisions of this Agreement, nor the failure of any provision of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall not operate or thereafter be construed as a waiver of any subsequent breach or default of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute similar nature, or as a waiver of any such provision, right or thereafter deprive privilege hereunder, unless in writing executed by the party making such party of the right to insist upon strict adherencewaiver.

Appears in 2 contracts

Samples: Consulting Agreement (Sm&A), Consulting Agreement (Sm&A)

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 of the same or of a breach by any other partyprovision of this Agreement. The failure of a party to insist upon strict adherence to any provision understandings and representations of the parties set forth in this Agreement shall not constitute a waiver or thereafter deprive such party survive any breach of this Agreement and be enforceable by the right to insist upon strict adherencenon-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 either Party of a default or breach or the failure by either Party to claim a default or breach of any provision of this Agreement by the other Party shall not operate be or be construed as held to be a waiver of any subsequent default or breach of the same provision or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencethis Agreement.

Appears in 2 contracts

Samples: Marketing Alliance Agreement (Jaguar Animal Health, Inc.), Marketing Alliance Agreement (Jaguar Animal Health, Inc.)

Waiver of Breach. The Any waiver by any party of or a breach of any provision of this Agreement shall be in writing and will not operate as or be construed as to be a waiver of any subsequent other breach of such provision or of a breach by any other party. The failure provision of this Agreement will not be considered a waiver or deprive any party of the right thereafter to insist upon strict adherence to that term or any provision other term of this Agreement. In addition, in granting any waiver, the Agreement shall not constitute a waiver or thereafter deprive such waiving party of the right will exercise its best efforts to insist upon strict adherenceensure that all Parties continue to have substantially equivalent rights, benefits, privileges, duties and responsibilities.

Appears in 2 contracts

Samples: Standard Loan Servicing Agreement, Standard Loan Servicing 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 of the same or of a breach by any other partyprovision of this Agreement. The failure of a party A waiver shall be effective only if in writing from the waiving Party. Failure to insist upon strict adherence to enforce any provision of the this Agreement shall not constitute a waiver preclude enforcement of such provision thereafter so long as the breach or thereafter deprive violation of such party of the right to insist upon strict adherenceprovision shall continue.

Appears in 2 contracts

Samples: Bed Resident Employment Agreement, Bed Resident Employment Agreement

Waiver of Breach. The A waiver by any party 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 of the same or any other provisions of a this Agreement. The understandings and representations of the Parties set forth in this Agreement shall survive any breach of this Agreement and be enforceable by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencenon-breaching Party.

Appears in 2 contracts

Samples: Separation Agreement and General Release (Greenbacker Renewable Energy Co LLC), go.boarddocs.com

Waiver of Breach. The waiver by any either party of a any term or provision or of any breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other term, provision or subsequent breach nor shall any such waiver be deemed or construed as a continuing waiver of a breach by any other partysuch term, provision or breach. The failure of a either party to insist upon require strict adherence to performance of any provision of the Agreement shall not constitute a waiver or diminish such party's right thereafter deprive such party to require strict performances of the right to insist upon strict adherenceany provision.

Appears in 2 contracts

Samples: Consulting Agreement (Masada Security Holdings Inc), Consulting Agreement (Masada Security Holdings Inc)

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 or of a breach by any other party. The failure Failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of o g the right to insist upon strict adherence.

Appears in 2 contracts

Samples: Management Agreement (Morgan Stanley Spectrum Strategic Lp), Management Agreement (Morgan Stanley Spectrum Strategic Lp)

Waiver of Breach. The Neither the waiver by any either party of a breach or violation of any provision of this Agreement nor a party’s failure to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, shall not operate as, or be construed as to be, a waiver of any subsequent such breach or of a any subsequent breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement same or other provision hereof. No waiver shall not constitute a waiver or thereafter deprive such party be valid unless in writing and signed by each of the right parties to insist upon strict adherencethis Agreement.

Appears in 2 contracts

Samples: Performance Based Restricted Stock Agreement (GEE Group Inc.), Executive Restricted Stock Agreement (GEE Group Inc.)

Waiver of Breach. The waiver failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or the failure to exercise any right or remedy consequent upon a breach hereof will not constitute a waiver of any such breach or of any covenant, agreement, term, or condition, and the waiver by either party hereto of a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 2 contracts

Samples: Consulting Agreement (Cannasys Inc), Executive Employment Agreement (Cannasys 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 or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the same or other provision. Force Majeure: Each party shall be excused from any breach of this Agreement shall not constitute a waiver which is proximately caused by government regulation, war, strike, act of God, or thereafter deprive such party other similar circumstance normally deemed outside the control of the right to insist upon strict adherencewell-managed businesses.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

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Waiver of Breach. The waiver by any party of a breach of any provision If the terms of this Agreement are breached by one party, and the other party waives his or her rights to bring an action of that breach, the waiver will only apply to that breach and shall not operate or be construed as considered a waiver of rights to seek enforcement on any prior or subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencebreach.

Appears in 1 contract

Samples: Cohabitation Agreement

Waiver of Breach. The waiver by any of either 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 by either Vystar or of a breach by any other partyEmployee. The failure of a party to insist upon strict adherence to enforce any provision provision(s) of the Agreement shall not constitute be construed as a waiver or thereafter deprive of such party of the right to insist upon strict adherenceprovision(s).

Appears in 1 contract

Samples: Employment Agreement (Vystar Corp)

Waiver of Breach. The waiver by any party of Failure to declare a breach or the actual waiver of any provision particular breach of this Agreement or its material or nonmaterial terms by either party shall not operate or be construed as a waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right any of its rights or remedies as to insist upon strict adherenceany other breach.

Appears in 1 contract

Samples: Grant Agreement

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 or of a breach breach, and no waiver shall be valid unless it is in writing and is signed by any other partythe party against whom such waiver is sought. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.协议任何一方因违反本协议条款造成的弃权不应运行或被解释为任何随后违反的弃权,除一方以书面形式提出针对另一方的弃权并签名,没有其他弃权行为是有效的。

Appears in 1 contract

Samples: Preferred Provider and Services Agreement (NF Energy Saving Corp)

Waiver of Breach. The waiver by any a party of a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach or of by a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the this Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon a strict adherence. 17.

Appears in 1 contract

Samples: License Agreement (Northern Lights Fund Trust Ii)

Waiver of Breach. The waiver failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or the failure to exercise any right or remedy consequent upon a breach hereof will not constitute a waiver of any such breach or of any covenant, agreement, term, or condition and the waiver by either party hereto of a breach of any provision of this Agreement shall will not operate or be construed as a waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.

Appears in 1 contract

Samples: Executive Employment Agreement (Investview, Inc.)

Waiver of Breach. The waiver by any either 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 subsequent breach by such other party shall not operate or be construed as a waiver of a any subsequent breach by any such other party. The failure of a party to insist upon strict adherence to exercise any provision of the rights or privileges under this Agreement shall not constitute be deemed to be a waiver or thereafter deprive extinguishment of such party rights or privileges, all of the right which shall continue to insist upon strict adherencebe exercisable.

Appears in 1 contract

Samples: Consulting Agreement (Frisby Technologies Inc)

Waiver of Breach. The A waiver by any either party of a breach of any provision or provisions of this Agreement shall not operate constitute a general waiver, or be construed as a waiver of any subsequent breach prejudice the other party’s right otherwise to demand strict compliance with that provision or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceprovisions in this Agreement.

Appears in 1 contract

Samples: Employment Agreement

Waiver of Breach. The A waiver by any party either Party of a breach by the other Party of any provision of this Agreement shall not operate impair the right of the Party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either Party to insist upon strict performance of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of any subsequent breach such provision or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceright.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Waiver of Breach. The waiver by any party of a breach the breach, of any provision of this Agreement by the other party or the failure of any party to exercise any right granted to it hereunder shall not operate or be construed as a the waiver of any subsequent breach or of a breach by any such other party. The failure of a party to insist upon strict adherence to any provision of nor the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceexercise any such right. 5.

Appears in 1 contract

Samples: Employment Agreement (State of the Art Inc /Ca)

Waiver of Breach. The failure of any party to this Agreement to exercise any rights or powers granted under this Agreement shall not be construed as a waiver thereof. The waiver by any a party to this Agreement of a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach or of a breach by any the other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencethis Agreement.

Appears in 1 contract

Samples: Advisory Agreement (Medianet Group Technologies Inc)

Waiver of Breach. The Neither the waiver by any either party of a breach or violation of any provision of this Agreement nor a party's failure to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, shall not operate as, or be construed as to be, a waiver of any subsequent such breach or of a any subsequent breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement same or other provision hereof. No waiver shall not constitute a waiver or thereafter deprive such party be valid unless in writing and signed by each of the right parties to insist upon strict adherencethis Agreement.

Appears in 1 contract

Samples: Restricted Stock Agreement Modis Professional Services (Modis Professional Services Inc)

Waiver of Breach. The waiver by Any party may waive or excuse, in writing, the failure of any other party of a breach of to perform any provision of this Agreement Agreement; provided, however, that any such waiver shall not operate or be construed as a waiver preclude the enforcement of this Agreement upon any subsequent breach breach, whether or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencesimilar in character.

Appears in 1 contract

Samples: And General Release Agreement (Tejon Ranch Co)

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 or of a breach by any other partythis Agreement. The failure of a party Further, no Party shall be deemed to insist upon strict adherence to have waived any provision of or right under this Agreement unless such waiver is set forth in writing signed by the Agreement shall not constitute a Party against whom waiver or thereafter deprive such party of the right to insist upon strict adherenceis asserted.

Appears in 1 contract

Samples: Confidential Settlement Agreement and Release (SCWorx Corp.)

Waiver of Breach. The A waiver by any party either Party of a breach by the other Party of any provision covenant or condition of this Agreement shall not operate impair the right of the Party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either Party to insist upon strict performance of any term, covenant or condition of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of any subsequent breach such term, covenant, condition or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceright.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Waiver of Breach. The failure of either party to insist on strict adherence to any provision of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that provision or any other provision of this Agreement. The waiver by any party of a breach of any provision of this Agreement shall not operate or must be construed as in a waiver of any subsequent breach or of a breach writing signed by any other party. The failure of a the party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive waiving such party of the right to insist upon strict adherencecompliance.

Appears in 1 contract

Samples: Employment Agreement (Correctional Services Corp)

Waiver of Breach. 10.1 The waiver by any party hereto of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach breach. Any waiver shall be in writing, and any forbearance or of a breach by indulgence in any other party. The failure of a form or manner by either party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver waiver. Until complete performance or thereafter deprive such satisfaction of all provisions of this Agreement, the other party of shall have the right to insist upon strict adherenceinvoke any remedy available under law or equity, notwithstanding any such forbearance or indulgence.

Appears in 1 contract

Samples: Purchasing Card Agreement

Waiver of Breach. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of the Agreement, or the waiver by of any party of a breach of any provision of this Agreement the terms and conditions of the Agreement, shall not operate or be construed as a waiver of any subsequent breach or of a breach by waiving any other party. The failure of a party to insist upon strict adherence to any provision of term or condition in the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencefuture.

Appears in 1 contract

Samples: Employment Agreement (Bioject Medical Technologies Inc)

Waiver of Breach. Any failure or delay by either party in enforcing any provision of this Agreement shall not operate as a waiver thereof. The waiver by any either party of a breach of any provision of this Agreement by the non-waiving party shall not operate or be construed as a waiver of any subsequent breach or of a breach violation thereof. All waivers shall be in writing and signed by any other party. The failure of a the party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencebe bound.

Appears in 1 contract

Samples: Retirement and Consulting Agreement (CVB Financial Corp)

Waiver of Breach. The A waiver by any either party of a breach by the other party of any provision covenant or condition of this Agreement shall not operate impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of any subsequent breach such agreement, covenant, condition or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherenceright.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Waiver of Breach. The waiver by failure of any party of a breach of hereto to enforce any provision provisions of this Agreement shall not operate or be construed as to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherencebreach.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Waiver of Breach. The waiver by any party of a breach Any failure of any provision of this Agreement shall not operate the parties to comply with any obligation, covenant, agreement or condition herein may be construed as waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement compliance with such obligation, covenant, agreement or condition shall not constitute operate as a waiver of, or thereafter deprive such party of the right to insist upon strict adherenceestoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Restriction and Option Agreement (Group 1 Automotive Inc)

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 or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.. [SIGNATURE PAGE FOLLOWS] 25

Appears in 1 contract

Samples: Advisory Agreement

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 or of a breach breach, and no waiver shall be valid unless it is in writing and is signed by any other partythe party against whom such waiver is sought. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon strict adherence.违约不计 一方对一个违约行为的不追求,不构成对后续违约行为的不追究,该违约不计应以书面方式确认后生效。

Appears in 1 contract

Samples: Share Purchase (Vlov Inc.)

Waiver of Breach. The waiver by any a party of a breach of any provision of this Agreement shall not operate or nor be construed as a waiver of any subsequent breach or of by a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the this Agreement shall not constitute a waiver or thereafter deprive such party of the right to insist upon a strict adherence.

Appears in 1 contract

Samples: License Agreement (Northern Lights Fund Trust Ii)

Waiver of Breach. The waiver by any party of a breach of Either Party’s failure to enforce any provision of this Agreement agreement shall not operate be deemed a waiver of such provision or a modification of this agreement. A waiver of any breach of a provision of this agreement shall not be construed as deemed a waiver of any subsequent breach or of and shall not be construed to be a breach by any other party. The failure of a party to insist upon strict adherence to any provision modification of the Agreement shall not constitute a terms of this Agreement. To be effective, any waiver or thereafter deprive such party must be in writing signed by an authorized signatory of the right to insist upon strict adherenceParty.

Appears in 1 contract

Samples: Lease Termination Agreement

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 a waiver of any subsequent breach or of a breach by any other party. The failure of a party to insist upon strict adherence to any provision of the Agreement shall not in no event constitute a waiver as to any other breach, whether similar or thereafter deprive such party dissimilar in nature, or prevent the exercise of the any right to insist upon strict adherenceunder this Agreement.

Appears in 1 contract

Samples: Shimshock Group LLC Master Services Agreement

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