Waiver of Obligation. No delay, waiver, omission, or forbearance on the part of Franchisor to exercise any right, option, duty or power arising out of any breach or default by Franchisee under this Agreement constitutes a waiver by Franchisor to enforce any right, option, duty or power against Franchisee or as to any subsequent breach or default by Franchisee. Acceptance by Franchisor of any late payments is not deemed to be a waiver of Franchisor of any preceding breach by Franchisee of any terms, provisions, covenants or conditions of this Agreement. Franchisor specifically is not deemed to have waived or impaired any right, power or option reserved by this Agreement by virtue of any custom or practice of the parties at variance with the terms of this Agreement; or by any failure, refusal or neglect of Franchisor to exercise any right under this Agreement or to insist upon exact compliance by the Franchisee with its obligations, including any mandatory specification, standard or operating procedure. Neither Franchisor nor Franchisee are liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform results from (1) transportation shortages, inadequate supply of labor, material or energy, or the voluntary foregoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any government; (2) compliance with any law, ruling, order, regulation, requirement or instruction of government; (3) acts of God; (4) acts or omissions of the other party; (5) fires, strikes, embargoes, war or riot; or (6) any other similar event or cause. Any delay resulting from any of these causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable and shall notify other party in writing within 10 days after the causes occur. Specific Performance. Franchisee acknowledges that in the event of a breach of the covenants and agreements of Franchisee herein concerning the use of the Intellectual Property and obligation to honor the noncompetition provisions of the Franchise Agreement, both those applicable during the term of the Franchise Agreement and applicable after the termination thereof, Franchisor would suffer irreparable injury and harm which would not be calculable in terms of money damages and money damages would not make Franchisor whole. Notwithstanding anything herein to the contrary, Franchisee consents that Franc...
Waiver of Obligation. The failure of either party to insist in any one or more instances upon performance of any of the terms or conditions of this contract shall not be construed as a waiver of any right granted herein or the future performance of any term or condition hereof.
Waiver of Obligation. Either Shareholder may waive or reduce in writing any obligation of or restriction upon the other under this Agreement.
Waiver of Obligation. That the waiver by Contractor of any obligation of Subcontractor shall not be construed as a waiver by Contractor of any other obligation of Subcontractor.
Waiver of Obligation. The parties expressly declare that they have bargained between thems elves on all p has es of hours, wages, rates of pay, conditions of employment and working conditions and that t his contract represents their f ull and complete agreement without reservations or unexpressed understanding. Any aspect of hours, rates of pay, wages or conditions of employment of this Agreement is declared to have been expressly eliminated, except as noted in Article I, Section 2B as a subject for bargaining and during the life of this Agreement may not be raised for further bargaining in negotiations without the written consent of all parties hereto. This contract constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by both parties. Only the Company’s designated Labor Relations Representative and the Union’s Business Representative, hereafter, “the parties,” may interpret, alter or amend this Agreement by mutual action in writing and no individual employee, or group(s) of employees, shall have cause to complain theref ore, it being understood that any interpretation or arrangement mutually satisfactory to the parties hereto shall be binding upon all individual employees, o r gro up(s) of employees, whether such action be prospective or retroactive.
Waiver of Obligation. A Party shall only be relieved of any of its obligations under Clause 4.1 or Clause 4.2, as the case may be, with the prior agreement of the other Party.
Waiver of Obligation. 22 19.3 Specific Performance/Injunctive Relief............................ 22 19.4 Rights of Shareholders are Cumulative............................. 23 19.5
