Waiver of Rights and Remedies. This Regional Agreement or any of its provisions may not be waived except in writing by a Regional PLG’s authorized representative. The failure of a Regional PLG to enforce any right arising under this Regional Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion.
Waiver of Rights and Remedies. This Agreement or any of its provisions may not be waived except in writing by a Party’s authorized representative. The failure of a Party to enforce any right arising under this Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion.
Waiver of Rights and Remedies. Failure or delay of a party to require performance by the non-complying party of any provision hereof shall not constitute a waiver and shall not affect the right of the party to enforce the same; All rights or remedies available to the parties under this Agreement or by law are separate and cumulative; No right or remedy whether or not exercised, shall exclude any other right or remedy; Any waiver, permit, consent, or approval of any kind or character by the parties in connection with this Agreement shall be specified in writing and shall be effective only to the extent that such writing sets forth; No such waiver shall be construed as a modification of any provisions of this Agreement or as a waiver of any part or future default or breach thereof, except as expressly stated in such waiver.
Waiver of Rights and Remedies. All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently. If one party fails to perform its obligations under this Agreement and the other party does not enforce such provision, failure to enforce on that occasion shall not be taken as a waiver of enforceability rights available to such party.
Waiver of Rights and Remedies. Notwithstanding anything to the contrary in this Agreement, if Subscriber has knowledge (i) on or prior to the date hereof or (ii) after the date hereof (and, in the case of this clause (ii), has the right to terminate this Agreement pursuant to Section Twelfth as a result of the breach) of the breach of any representation or warranty of the General Partner or the Partnership under this Agreement and nonetheless proceeds to the Closing, the Subscriber and its Affiliates, shall be deemed to have waived any rights to indemnification under Section Thirteenth with respect to such breach. For purposes of this Agreement, Subscriber's "knowledge" shall be limited to the actual knowledge, without inquiry, of Xxxxxx X. Xxxxx III, Xxxxxx Xxxxxx, R. Xxxxxxx Xxxxx, Xxxxx Xxxxxxxxxxxxx, Xxxx Xxxxxxx and Xxxx Xxxx. Notwithstanding anything to the contrary in this Agreement, if the General Partner or the Partnership has knowledge (i) on or prior to the date hereof or (ii) after the date hereof (and, in the case of this clause (ii), has the right to terminate this Agreement pursuant to Section Twelfth as a result of the breach) of the breach of any representation or warranty of the Subscriber under this Agreement and nonetheless proceeds to the Closing, the General Partner, Partnership and their Affiliates shall be deemed to have waived any rights to indemnification with respect to such breach.
Waiver of Rights and Remedies. No waiver of any obligation or rights of any Party hereunder shall be effective unless in writing, specifying such waiver, executed by the Party making such waiver. A waiver by a Party of any of its rights or remedies under this Agreement on any occasion shall not be a waiver to a continuing breach and shall not be a bar to the exercise of the same right or remedy on a subsequent occasion or of any other right or remedy at any time.
Waiver of Rights and Remedies. Failure or delay of a party to require performance by the non-complying party of any provision hereof shall not constitute a waiver and shall not affect the right of the party to enforce the same. All rights or remedies available to the parties under this Contract or by law are separate and cumulative. No right or remedy whether or not exercised, shall exclude any other right or remedy. Any waiver, permit, consent, or approval of any kind or character by the parties in connection with this Contract shall be specified in writing and shall be effective only to the extent that such writing sets forth. No such waiver shall be construed as a modification of any provisions of this Contract or as a waiver of any part or future default or breach thereof, except as expressly stated in such waiver. SETTLEMENT OF DISPUTES Amicable settlement. - Should there be any conflict with respect to the interpretation or operation of any of the provisions of this Contract, the parties shall exert their best efforts to amicably settle such dispute. Should no settlement be reached within a reasonable period, the dispute shall be settled through arbitration or the courts in accordance with the provisions hereunder. In case of disputes, claims and controversies arising from the interpretation and application of this Contract the parties agree to freely and voluntarily submit themselves to consultation and negotiation to amicably settle the dispute; Arbitration between government agencies - Should the parties fail to reach an amicable settlement, the dispute shall be administratively settled or adjudicated in the manner provided in Chapter 14 of Executive Order No. 292 (Administrative Code of 1987) in relation to the RULES ON ALTERNATIVE DISPUTE RESOLUTION (ADR), or any amendments or revisions thereto, in accordance with the “DISPUTES BETWEEN NATIONAL GOVERNMENT AGENCIES” issued by the Office of the Solicitor General on March 22, 2010.
Waiver of Rights and Remedies. No delay or failure on the part of Secured Party or any Lender in the exercise of any right or remedy shall operate as a waiver thereof or of the exercise of any other right or remedy. Time is of the essence of this Agreement.
Waiver of Rights and Remedies. Except as provided under paragraph (3), the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.
Waiver of Rights and Remedies. Notwithstanding anything to the contrary in this Agreement, if (x) the Buyer obtains Knowledge of the breach of, or inaccuracy with respect to, any representation or warranty of the Seller under this Agreement (other than any Seller Fundamental Representations and regardless of whether such Knowledge is obtained by inspection or investigation conducted by or on behalf of the Buyer or its directors, officers, employees, or representatives at any time and regardless of whether notice of such Knowledge has been given to the Seller), and nonetheless proceeds to the Closing, the Buyer shall be deemed to have waived any rights and remedies set forth in this Agreement with respect to such breach or inaccuracy, and (y) the Seller obtains Knowledge of the breach of, or inaccuracy with respect to, any representation or warranty of the Buyer under this Agreement (other than any Buyer Fundamental Representations and regardless of whether such Knowledge is obtained by inspection or investigation conducted by or on behalf of the Seller or its directors, officers, employees, or representatives at any time and regardless of whether notice of such Knowledge has been given to the Buyer), and nonetheless proceeds to the Closing, the Seller shall be deemed to have waived any rights and remedies set forth in this Agreement with respect to such breach or inaccuracy.
