Waiver of Fee Sample Clauses

Waiver of Fee. As an inducement for Borrower, NCDF has agreed to waive any and all fees that it would be entitled to under that certain Amended and Restated Agreement, dated as of January 27, 2014, between Borrower and NCDF, in connection with the consummation of this transaction.
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Waiver of Fee. The Company agrees to waive or reimburse its fee for any learner who drops a Company online course after enrollment but before completion, and gives a valid/reasonable explanation in writing of his or her dissatisfaction with the course. The learner dropping the online course shall do so in compliance with the Partner’s stated add/drop policies. Failure of the learner to drop the Company’s online course in compliance with these policies shall nullify the Company’s waiver of its fee as set forth by this paragraph. The Partner agrees to provide the Company with a copy of its stated add/drop and refund polices. In no event shall a learner request a drop/refund from either the Partner or the Company if the Company certifies or provides proof of the learner’s successful completion of the online course.
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Waiver of Fee. Where Candidate Is Already Under Active Client Consideration Although many recruiting firms choose not to use such a provision, its purpose is to deal with client assertions that no fee is owed because it has “discovered,” after the fact, that the candidate was already in its files or that it saw the candidate’s résumé on an Internet job board. By specifically stating when prior contact with an applicant justifies waiver of the fee, and requiring documentation of the facts, the provision is intended to deter clients from unjustifiably maintaining that no fee is owed. Recruiting firms wishing to use such a provision can use the following language: If RECRUITING FIRM refers a candidate to CLIENT with whom CLIENT has already interviewed or scheduled an interview, and CLIENT so advises RECRUITING FIRM within ____ business days following the referral, CLIENT will not owe RECRUITING FIRM a fee in the event CLIENT hires the candidate. CLIENT shall provide RECRUITING FIRM with documentation at RECRUITING FIRM’S request sufficient to establish that the interview has been held or scheduled.
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Waiver of Fee. Where Candidate is Already Under Active Client Consideration. If Monarch Staffing refers a candidate to Client with whom Client has previously interviewed or scheduled an interview with and Client so advises Monarch Staffing within ten (10) business days following the referral, Client will not owe Agency a fee in the event Client hires the candidate. Client shall provide Monarch Staffing with documentation, at Agency’s request, to establish that the interview has been held or is scheduled.
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Waiver of Fee. Section 9 of the Second Modification requiring Borrower to pay PFG a “Success Fee” shall be of no force and effect and Borrower shall not be required to pay any fee to PFG under said Section.
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Waiver of Fee. Agent and Requisite Lenders hereby waive any fees under Section 1.9 (c) of the Credit Agreement solely to the extent that such fee is due to the failure of the Company to timely deliver (i) the Officer's Certificate and the Audited Financials pursuant to the terms of the Credit Agreement and/or (ii) the Audited Financials and any related officer's certificates required under any other document to be delivered concurrently therewith pursuant to the terms of any other document evidencing or securing Indebtedness; provided, that such waiver shall cease to be effective and such fee shall be reinstated if Company has not furnished to Lenders by December 31, 2007 (a) the Audited Financials and (b) the Officer's Certificate stating that no Default or Event of Default is continuing after giving effect to this Waiver and delivery of the Audited Financials.
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Related to Waiver of Fee

  • WAIVER OF AGREEMENT No term or provision of this Agreement may be waived or modified unless done so in writing and signed by the party against whom such waiver or modification is sought to be enforced. Either party’s failure to insist at any time on strict compliance with this Agreement or with any of the terms under this Agreement or any continued course of such conduct on its part will in no event constitute or be considered a waiver by such party of any of its rights or privileges. ENFORCEABILITY If any portion of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of the Agreement shall not be affected thereby.

  • Waiver of Right to Jury Trial TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION ARISING IN ANY WAY IN CONNECTION WITH ANY OF THE TRANSACTION DOCUMENTS, OR ANY OTHER STATEMENTS OR ACTIONS OF THE COMPANY OR THE PURCHASERS. THE PARTIES ACKNOWLEDGE THAT THEY HAVE BEEN REPRESENTED IN THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL SELECTED OF THEIR OWN FREE WILL. THE PARTIES FURTHER ACKNOWLEDGE THAT (I) THEY HAVE READ AND UNDERSTAND THE MEANING AND RAMIFICATIONS OF THIS WAIVER, (II) THIS WAIVER HAS BEEN REVIEWED BY THE PARTIES AND THEIR COUNSEL AND IS A MATERIAL INDUCEMENT FOR ENTRY INTO THIS AGREEMENT AND (III) THIS WAIVER SHALL BE EFFECTIVE AS TO EACH OF SUCH TRANSACTION DOCUMENTS AS IF FULLY INCORPORATED THEREIN.

  • Waiver of Lien; Waiver of Set-off The Securities Intermediary waives any security interest, lien or right to make deductions or set-offs that it may now have or hereafter acquire in or with respect to the Collateral Account, any financial asset credited thereto or any security entitlement in respect thereof. Neither the financial assets credited to the Collateral Account nor the security entitlements in respect thereof will be subject to deduction, set-off, banker’s lien, or any other right in favor of any person other than the Company.

  • Waiver of Damages In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives all claims for punitive, exemplary or consequential damages.

  • Waiver of Set Off Each of the parties hereto hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against the Administrative Agent, the Lenders, the Lender Agents or their respective assets.

  • Waiver of Rights No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the State’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the Contractor’s negligent performance of any of the services furnished under this Contract.

  • Waiver of Provisions Any waiver of any terms and conditions hereof must be in writing and signed by the parties hereto. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other terms and conditions hereof.

  • Waiver of Liability Seller hereby waives, acquits, and forever releases, and agrees to defend and hold harmless, the Agency, its officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning any photos or videos generated from the Photographic Services or their distribution.

  • Waiver of Immunity To the extent that the Company may be entitled in any jurisdiction in which judicial proceedings may at any time be commenced hereunder, to claim for itself or its revenues or assets any immunity, including sovereign immunity, from suit, jurisdiction, attachment in aid of execution of a judgment or prior to a judgment, execution of a judgment or any other legal process with respect to its obligations hereunder and to the extent that in any such jurisdiction there may be attributed to the Company such an immunity (whether or not claimed), the Company hereby irrevocably agrees not to claim and irrevocably waives such immunity to the maximum extent permitted by law.

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