Common use of Waiver of Conditions Clause in Contracts

Waiver of Conditions. Any Party may at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such Party. No waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party, whether or not the first Party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party to exercise any right it may have by reason of the default of the other Party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default.

Appears in 29 contracts

Samples: Agreement of Sale and Purchase, Option Agreement (Peak Resorts Inc), Restructure Agreement (Peak Resorts Inc)

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Waiver of Conditions. Any Party may at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such PartyParty that states specifically (a) the condition being waived (identified by reference to the Section of this Agreement containing such condition) and (b) the express intent of such Party to make such waiver. No waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party, whether or not the first Party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party to exercise any right it may have by reason of the default of the other Party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default.

Appears in 3 contracts

Samples: Real Estate Purchase Agreement, Asset Purchase Agreement (APT Motovox Group, Inc.), Real Estate Purchase Agreement (Cerner Corp /Mo/)

Waiver of Conditions. Any Party may at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such Party. No waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party, whether or not the first Party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party to exercise any right it may have by reason of the default of the other Party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default.

Appears in 2 contracts

Samples: Right of First Refusal Agreement (Peak Resorts Inc), Restructure Agreement (Peak Resorts Inc)

Waiver of Conditions. Any Party may at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such Party. No waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party, whether or not the first Party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party to exercise any right it may have by reason of the default of the other Party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default.

Appears in 2 contracts

Samples: Right to Purchase Agreement (Amc Entertainment Inc), Right to Purchase Agreement (Amc Entertainment Inc)

Waiver of Conditions. Any Party party may at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such Partyparty. No waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other Party party shall be deemed to be a waiver of any other breach by such other Party party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party party after any breach by the other Party party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Partyparty, whether or not the first Party party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party party to exercise any right it may have by reason of the default of the other Party party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party party while the other Party party continues to be so in default.

Appears in 1 contract

Samples: Contribution Agreement

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Waiver of Conditions. Any Party may at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such Party. No waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other Party shall be deemed to be a waiver of any other breach or warranty or representation by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party, whether or not the first Party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party to exercise any right it may have by reason of the default of the other Party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Healthcare Realty Trust Inc)

Waiver of Conditions. Any Party party may at any time or times, at in its electionsole discretion, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such Partyparty. No waiver by a Party party of any breach of this Agreement or of any warranty or representation hereunder by the other Party party shall be deemed to be a waiver of any other breach by such other Party party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party party after any breach by the other Party party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Partyparty, whether or not the first Party party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party party to exercise any right it may have by reason of the default of the other Party party shall operate as a waiver of such default or as a modification of this Agreement nor shall any such failure or shall delay prevent the exercise of any right by the first Party nonbreaching party while the other Party continues to be so in defaultdefault continues.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Healthcare Properties L P)

Waiver of Conditions. Any Party may at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by such Party. No waiver by a Party of any breach of this Agreement or of any warranty or representation hereunder by the other another Party shall be deemed to be a waiver of any other breach by such other Party (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a Party after any breach by the other another Party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other Party, whether or not the first Party knows of such breach at the time it accepts such payment or performance. No failure or delay by a Party to exercise any right it may have by reason of the default of the other another Party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first Party while the other Party continues to be so in default.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Amc Entertainment Inc)

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