Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 223 contracts
Samples: Restricted Stock Unit Award (IZEA Worldwide, Inc.), Restricted Stock Award (IZEA Worldwide, Inc.), Stock Option Agreement (PAVmed Inc.)
Waiver. The waiver by any either party hereto 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 or subsequent breachparty.
Appears in 173 contracts
Samples: Consulting Agreement (Starfighters Space, Inc.), Consulting Agreement (Ecoark Holdings, Inc.), Transition Agreement (Blue Bird Corp)
Waiver. The waiver Waiver by any party hereto of any breach or default by the other party of any of the terms of this Agreement shall not operate as a waiver of any other breach or default, whether similar to or different from the breach or default waived. No waiver of any provision of this Agreement shall not operate be implied from any course of dealing between the parties hereto or be construed as a waiver from any failure by either party hereto to assert its or his rights hereunder on any occasion or series of any other or subsequent breachoccasions.
Appears in 170 contracts
Samples: Incentive Award Agreement (New Jersey Resources Corp), Employment Agreement (European Wax Center, Inc.), Employment Continuation Agreement (New Jersey Resources Corp)
Waiver. The waiver Waiver by any one party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breachcontinuing waiver.
Appears in 142 contracts
Samples: Pfao Agreement (Amesite Inc.), Cfo Consulting Agreement (Apimeds Pharmaceuticals US, Inc.), Agreement for Services
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to or waiver of any other or subsequent breachbreach hereof.
Appears in 118 contracts
Samples: Employment Agreement (STAK Inc.), Employment Agreement (Qianzhi Group Holding (Cayman) LTD), Employment Agreement (Raytech Holding LTD)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by any party.
Appears in 108 contracts
Samples: Construction Contract, Professional Services, On Call Emergency Feeding Support Agreement
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 86 contracts
Samples: Employment Agreement (Cumberland Pharmaceuticals Inc), Employment Agreement (Cumberland Pharmaceuticals Inc), Employment Agreement (Cumberland Pharmaceuticals Inc)
Waiver. The waiver by any either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same provision by any party or of the breach of any other term or subsequent breachprovision of this Agreement.
Appears in 76 contracts
Samples: Employment Agreement (Compass Minerals International Inc), Employment Agreement (Compass Minerals International Inc), Employment Agreement (Compass Minerals International Inc)
Waiver. The waiver by of any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 75 contracts
Samples: Employment Agreement (Old National Bancorp /In/), Employment Agreement (Old National Bancorp /In/), Executive Employment Agreement
Waiver. The Any waiver (express or implied) by any party hereto of a breach either Party of any provision breach of this Agreement shall not operate or be construed as constitute a waiver of any other or subsequent breach.
Appears in 73 contracts
Samples: License Agreement (Actuate Therapeutics, Inc.), License Agreement (Actuate Therapeutics, Inc.), Materials License Agreement (First Light Acquisition Group, Inc.)
Waiver. The waiver by any a party hereto of a any breach by the other party hereto of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by a party hereto.
Appears in 70 contracts
Samples: Executive Severance Agreement (Escalade Inc), Executive Severance Agreement (Escalade Inc), Employment Agreement (Adma Biologics, Inc.)
Waiver. The No waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any preceding or succeeding breach of the same or any other or subsequent breachprovision hereof.
Appears in 61 contracts
Samples: Des Services Agreement (Virginia Electric & Power Co), Affiliated Interest Agreement, Des Services Agreement (Virginia Electric & Power Co)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other or subsequent breachprovision hereof.
Appears in 58 contracts
Samples: Employment Agreement (Alkame Holdings, Inc.), Employment Agreement (Alkame Holdings, Inc.), Employment Agreement (Virtual Sourcing, Inc.)
Waiver. The waiver by any Any party hereto of a may specifically waive any breach of any provision of this Agreement by any other party, but no such waiver shall not operate or be construed as deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designating the breach waived, nor shall any such waiver constitute a continuing waiver of any similar or other or subsequent breachbreaches.
Appears in 56 contracts
Samples: Escrow Agreement (Select Medical Holdings Corp), Escrow Agreement (Akumin Inc.), Escrow Agreement
Waiver. The waiver by any party hereto of a any breach of any provision of this Agreement shall Contract will not operate or be construed as a waiver of any subsequent breach of the same or any other or subsequent breachprovision. The failure to exercise any right hereunder will not operate as a waiver of such right.
Appears in 54 contracts
Samples: Preferred Provider Organization Contract, Preferred Provider Organization Contract, Preferred Provider Organization Contract
Waiver. The No waiver by any either party hereto of a breach of any provision breach by the other party of any of the provisions of this Agreement shall not operate or will be construed as deemed a waiver of any other preceding or subsequent breachsucceeding breach of this Agreement. No such waiver will be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing.
Appears in 52 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Services Agreement
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement Agreement, or failure to insist upon strict compliance with the terms of this Agreement, shall not operate or be construed as deemed a waiver of any other subsequent breach or subsequent breachrelinquishment of any right or power under this Agreement.
Appears in 51 contracts
Samples: Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/), Employment Agreement (First Financial Corp /In/)
Waiver. The waiver by any a party hereto of a any breach by the other party hereto of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by a party hereto.
Appears in 51 contracts
Samples: Transition Agreement (Parkway Properties Inc), Consulting Agreement (Parkway Properties Inc), Consulting Agreement (Parkway Properties Inc)
Waiver. The waiver by any either party hereto of a breach by the other of any provision of this Agreement shall not operate constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be construed as waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other or subsequent breachprovision herein.
Appears in 48 contracts
Samples: Consultant Services Agreement, Consulting Agreement, Consultant Services Agreement
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same or any other or subsequent breachprovision of this Agreement by the breaching party.
Appears in 46 contracts
Samples: Employment Agreement (Southern States Bancshares, Inc.), Stock Purchase Agreement (Consolidated Water Co LTD), Employment Agreement (Piedmont Community Bank Group, Inc.)
Waiver. The waiver by any either party hereto of a breach of any provision right hereunder or of any breach of this Agreement shall not operate as or be construed as to be an amendment of this Agreement or a waiver of any other future right or subsequent breach.
Appears in 43 contracts
Samples: Employment Agreement (Service Corp International), Employment Agreement (Service Corp International), Employment Agreement (Service Corp International)
Waiver. The It is agreed that a waiver by any either party hereto of a breach of any provision of this Agreement shall not operate operate, or be construed construed, as a waiver of any other or subsequent breachbreach by that same party.
Appears in 39 contracts
Samples: Common Stock Purchase Agreement (Soligenix, Inc.), Securities Exchange and Note Purchase Agreement (Biohitech Global, Inc.), Membership Interest Purchase Agreement (Biohitech Global, Inc.)
Waiver. The A party’s waiver by any party hereto of a breach of any provision breach or violation of this any Agreement provisions shall not operate as, or be construed as to be, a waiver of any later breach of the same or other or subsequent breachAgreement provision.
Appears in 38 contracts
Samples: Employment Agreement (Bit Digital, Inc), Employment Agreement (Bit Digital, Inc), Executive Employment Agreement (AYRO, Inc.)
Waiver. The waiver by any either party hereto 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 other or subsequent breach.
Appears in 37 contracts
Samples: Graduate Medical Education Program Agreement, Resident Agreement, Resident Agreement
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breachbreach of such or any provision.
Appears in 36 contracts
Samples: Employment Agreement (Everside Health Group, Inc.), Employment Agreement, Employment Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision term of this the Agreement shall will not operate or be construed as a waiver of any other or subsequent breach.
Appears in 35 contracts
Samples: Option Award Agreement (Loar Holdings, LLC), Performance Restricted Stock Unit Award Agreement (HBT Financial, Inc.), Option Award Agreement (Oak Street Health, Inc.)
Waiver. The waiver by any either party hereto of a breach of any provision of this the Agreement shall will not operate or be construed interpreted as a waiver of any other or subsequent breach.
Appears in 32 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Main Subscription Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent simultaneous breach.
Appears in 28 contracts
Samples: Separation Agreement (Crinetics Pharmaceuticals, Inc.), Separation Agreement (Forge Global Holdings, Inc.), Services Agreement (Forge Global Holdings, Inc.)
Waiver. The Any waiver by either party of any party hereto of a breach of any provision of term or condition in this Agreement shall not operate or be construed as a waiver of any other breach of such term or subsequent breachcondition or of any other term or condition, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof or constitute or be deemed a waiver or release of any other rights, in law or in equity.
Appears in 28 contracts
Samples: Non Competition, Non Solicitation, and Confidentiality Agreement, Employment Agreement (Commercial National Financial Corp /Pa), Non Competition, Non Solicitation, and Confidentiality Agreement (Conectiv)
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of this the Agreement shall will not operate or be construed as a waiver of any other or subsequent breach.
Appears in 28 contracts
Samples: Performance Stock Unit Award Agreement (Neogenomics Inc), Restricted Stock Agreement (Neogenomics Inc), Stock Option Agreement (Neogenomics Inc)
Waiver. The waiver by any one party hereto of a breach of any provision of the provisions of this Agreement by the other shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 28 contracts
Samples: Executive Employment Agreement (GEE Group Inc.), Executive Employment Agreement (GEE Group Inc.), Executive Employment Agreement (GEE Group Inc.)
Waiver. The waiver by any party hereto of a the breach or nonperformance of any provision of this Agreement shall by any other party will not operate or be construed as a waiver of any future breach or nonperformance under any provision of this Agreement or any similar agreement with any other or subsequent breachemployee.
Appears in 27 contracts
Samples: Employment Agreement (Winland Electronics Inc), Employment Agreement (Health Fitness Corp /MN/), Employment Agreement (Health Fitness Corp /MN/)
Waiver. The waiver by any of either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to or waiver of any other or subsequent breachbreach hereof.
Appears in 25 contracts
Samples: Employment Agreement (Marsh & McLennan Companies, Inc.), Employment Agreement (Marsh & McLennan Companies, Inc.), Employment Agreement (Marsh & McLennan Companies, Inc.)
Waiver. The waiver by any a party hereto of a breach of any provision of this Easement Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breachbreach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought.
Appears in 25 contracts
Samples: Developer Extension Agreement, Developer Extension Agreement, Developer Extension Agreement
Waiver. The waiver by the Employer or Employee of any breach of any term or condition of this Agreement shall not be deemed to constitute the waiver of any other breach of the same or any other term or condition hereof. Failure by any party hereto of a to claim any breach or violation of any provision of this Agreement shall not operate constitute a precedent or be construed as a waiver of any other or subsequent breachbreaches hereof.
Appears in 24 contracts
Samples: Employment Agreement, Employment Agreement, Employment Agreement
Waiver. The waiver by any either party hereto of a any breach or violation of any provision of this Agreement by the other party shall not operate as or be construed as to be a waiver of any other or subsequent breachbreach by such waiving party.
Appears in 23 contracts
Samples: Employment Agreement (Rocky Brands, Inc.), Employment Agreement (Fiserv Inc), Employment Agreement (Danninger Medical Technology Inc)
Waiver. The waiver by any party hereto either Party of a breach of any provision of or right under this Agreement shall will not operate or be construed as constitute a waiver of any other or subsequent breachbreach or right.
Appears in 21 contracts
Samples: Cloud Subscription Agreement, Services Agreement, Cloud Subscription Agreement
Waiver. The Any waiver by any either party hereto of a breach of any provision breach of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other or subsequent breach.
Appears in 20 contracts
Samples: Ci Plus Device Interim License Agreement, Content Distributor Agreement, Ci Plus / Most Device Interim License Agreement
Waiver. The A Party’s waiver by of any party hereto 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 later breach of the same or other or subsequent breachprovision by such Party.
Appears in 20 contracts
Samples: Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/), Executive Employment Agreement (Vaalco Energy Inc /De/)
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 19 contracts
Samples: Employment Agreement (TMX Finance LLC), Key Position Agreement (Global Payments Inc), Employment Agreement (Indus International Inc)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall by any other party will not operate or be construed as a waiver of any other or subsequent breachbreach by such other party.
Appears in 18 contracts
Samples: Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc), Employment Agreement (Brooks Automation Inc)
Waiver. The Any waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other breach or subsequent breachdefault hereof.
Appears in 18 contracts
Samples: Employment Agreement (American Biogenetic Sciences Inc), Employment Agreement (Tii Industries Inc), Employment Agreement (American Biogenetic Sciences Inc)
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent breachsimultaneous breach of the same or different provisions.
Appears in 17 contracts
Samples: Transition and Retirement Agreement, Employment Agreement (Under Armour, Inc.), Independent Contractor Consulting Agreement (Connecture Inc)
Waiver. The waiver by any either party hereto of a breach or a violation of any provision of this Agreement shall not operate as or be construed as to be a waiver of any other or subsequent breachbreach thereof.
Appears in 17 contracts
Samples: Location Agreement, Mental Health Wellness Agreement, Premises Use Agreement
Waiver. The waiver by any either party hereto of a breach by the other party of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 17 contracts
Samples: Employment Agreement (Humbl, Inc.), Share Settlement Agreement (Akerna Corp.), Employment Agreement (Humbl, Inc.)
Waiver. The waiver by either party of any breach by the other party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by such party. No person acting other than pursuant to a resolution of the Company shall have authority on behalf of the Company to agree to amend, modify, repeal, waive or subsequent breachextend any provision of this Agreement.
Appears in 17 contracts
Samples: Employment Agreement (Nava Health Md, LLC), Employment Agreement (Nava Health Md, LLC), Employment Agreement (iBio, Inc.)
Waiver. The A waiver by any either party hereto of a breach of any term or provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 17 contracts
Samples: Employment Agreement (NewLake Capital Partners, Inc.), Transition Services Agreement and General Release (enGene Holdings Inc.), Separation, Transition Services, and General Release Agreement (Sana Biotechnology, Inc.)
Waiver. The waiver by any party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of (a) a subsequent breach of the same provision by any party or (b) the breach of any other term or subsequent breachprovision of this Agreement.
Appears in 16 contracts
Samples: Escrow Agreement (Cottonwood Communities, Inc.), Escrow Agreement (Appliqate Inc), Escrow Agreement (Cottonwood Communities, Inc.)
Waiver. The waiver by either party of any party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent breach or subsequent breachviolation hereof.
Appears in 16 contracts
Samples: Confidentiality Agreement, Mutual Confidentiality and Nondisclosure Agreement, Mutual Confidentiality and Nondisclosure Agreement
Waiver. The waiver by any party hereto of a breach of any provision breach of this Agreement by either party shall not operate or be construed as deemed a waiver of any other breach or a waiver of any subsequent breachbreach of the same nature.
Appears in 16 contracts
Samples: Group Health Insurance Agreement, Health Insurance Agreement, Group Health Insurance Agreement
Waiver. The waiver by any Any party hereto of a may specifically waive any breach of any provision of this Agreement by any other party, but no such waiver shall not operate or be construed as deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of any similar or other or subsequent breachbreaches.
Appears in 16 contracts
Samples: Cash Collateral and Disbursement Agreement (Peninsula Gaming, LLC), Disbursement Agreement (Idleaire Technologies Corp), Cash Collateral and Disbursement Agreement (155 East Tropicana, LLC)
Waiver. The waiver Waiver by any either party hereto of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 16 contracts
Samples: Employment Agreement (Alldigital Holdings, Inc.), Employment Agreement (Alldigital Holdings, Inc.), Employment Agreement (Alldigital Holdings, Inc.)
Waiver. The waiver Waiver by any party hereto hereunder of a any breach of or failure to comply with any provision of this Agreement by the other party shall not operate or be construed as as, or constitute a continuing waiver of, or a waiver of any other breach of, or subsequent breachfailure to comply with, any other provision of this Agreement.
Appears in 16 contracts
Samples: Share Purchase Agreement (Crucial Innovations, Corp.), Stock Transfer Agreement (Alterola Biotech Inc.), Equity Purchase Agreement (Crucial Innovations, Corp.)
Waiver. The provisions of this Agreement may be waived only by an instrument in writing executed by the waiving party. The waiver by any party hereto of a breach of any provision breach of this Agreement shall not operate be deemed to be or be construed as a waiver of any other breach, whether prior, subsequent, or subsequent breachcontemporaneous, of this Agreement.
Appears in 16 contracts
Samples: Settlement Agreement, Settlement Agreement, Class Action Settlement Agreement
Waiver. The Any waiver by any either party hereto of a any breach of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other or subsequent breach.
Appears in 15 contracts
Samples: Digital Certificate Authorization Agreement, Digital Certificate Authorization Agreement, Digital Certificate Authorization Agreement
Waiver. The waiver by any party hereto of a any breach of any provision term or condition of this Agreement shall not operate or be construed as deemed a waiver of as to any other subsequent or subsequent similar breach.
Appears in 15 contracts
Samples: License Agreement, License Agreement, License Agreement
Waiver. The Any waiver by a party of any party hereto of a breach of any provision of this Agreement by the other party shall not be binding unless in writing, and shall not operate or be construed as a waiver of any other or subsequent breachbreach by the Executive.
Appears in 15 contracts
Samples: Executive Employment Agreement (SMART Technologies Inc.), Executive Employment Agreement (SMART Technologies Inc.), Executive Employment Agreement (SMART Technologies Inc.)
Waiver. The waiver by any party hereto of a breach of any provision breach by another party of any term or condition of this Agreement shall not operate or be construed as constitute a waiver of any other subsequent breach or subsequent breachnullify the effectiveness of that term or condition.
Appears in 14 contracts
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Salton Maxim Housewares Inc), Purchase, Distribution and Marketing Agreement (Salton Maxim Housewares Inc)
Waiver. The waiver Waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other or subsequent breachbreach hereto.
Appears in 14 contracts
Samples: Employment Agreement, Head Coach Employment Agreement, Employment Agreement
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of this Agreement the provisions contained herein shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 14 contracts
Samples: Employment Agreement (Medirisk Inc), Employment Agreement (Medirisk Inc), Employment Agreement (Renal Care Group Inc)
Waiver. The No waiver by any party hereto of a any breach of any provision of this Agreement provisions hereof shall not operate or be construed as constitute a waiver of any other or subsequent breachterm of this Agreement unless made in writing signed by such party.
Appears in 13 contracts
Samples: Distribution Agreement (T/R Systems Inc), Master Assembly and Distribution Agreement (T/R Systems Inc), Distribution Agreement (T/R Systems Inc)
Waiver. The waiver by any either party hereto of a breach of any provision provision, agreement or covenant of this Agreement by the other party hereto shall not operate or be construed as a waiver of any other prior or subsequent breachbreach of the same or any other provision, agreement or covenant by such other party hereto.
Appears in 13 contracts
Samples: Separation Agreement (Adcare Health Systems, Inc), Consulting and Separation Agreement (Verso Technologies Inc), Consulting and Separation Agreement (Verso Technologies Inc)
Waiver. The waiver of any breach of any provision under this Agreement by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as deemed to be a waiver of any other preceding or subsequent breachbreach under this Agreement.
Appears in 13 contracts
Samples: Purchase and Assumption Agreement (Affinity Bancshares, Inc.), Purchase and Assumption Agreement (First Financial Northwest, Inc.), Purchase and Assumption Agreement (FFBW, Inc. /MD/)
Waiver. The waiver by any either party hereto 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 other or subsequent breachprovision hereof.
Appears in 13 contracts
Samples: Operating Agreement, Continuing Services Agreement for Construction Management at Risk Services, Speaking Agreement
Waiver. The Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof or of any other or subsequent breachprovision of this Agreement.
Appears in 12 contracts
Samples: Agreement for Grant of Performance Shares (Ness Energy International Inc /Nv/), Employment Agreement (Ness Energy International Inc /Nv/), Employment Agreement (Ness Energy International Inc /Nv/)
Waiver. The waiver by any either party hereto 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 other or subsequent breachbreach hereof.
Appears in 12 contracts
Samples: Candidate Training and Placement Agreement, Consulting Agreement (Trecora Resources), Consulting Agreement (Trecora Resources)
Waiver. The waiver by any either party hereto of a any breach of any provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party hereto.
Appears in 12 contracts
Samples: Executive Employment Agreement, Executive Employment Agreement (Calypso Wireless Inc), Executive Employment Agreement (Calypso Wireless Inc)
Waiver. The waiver by any party hereto of a breach of any provision of the provisions of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breachbreach hereof by such party.
Appears in 12 contracts
Samples: Security Guard Service Agreement, Employment Agreement (Jmar Technologies Inc), Purchase and Sale Agreement (Jmar Technologies Inc)
Waiver. The waiver by any party hereto of a breach Waiver of any provision breach or failure to enforce any term of this Agreement shall not operate or be construed as deemed a waiver of any other breach or subsequent breachright to enforce which may thereafter occur. No waiver shall be valid against any party hereto unless made in writing and signed by the party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.
Appears in 12 contracts
Samples: Service Agreement, Development Services Agreement (Xcarenet Inc), Professional Services Agreement (Xcarenet Inc)
Waiver. The waiver by any either party hereto of a breach or violation of any provision of this Agreement Contract shall not operate as or be construed as to be a waiver of any subsequent breach of the same or other or subsequent breachprovision hereof.
Appears in 11 contracts
Samples: Independent Contractor Agreement, Member Agency Contract, Independent Contractor Agreement
Waiver. The waiver by any party hereto Party of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent or subsequent similar breach.
Appears in 11 contracts
Samples: Asset Purchase Agreement (Tandem Health Care, Inc.), Asset Purchase Agreement (Harvard Bioscience Inc), Asset Purchase Agreement (Tandem Health Care, Inc.)
Waiver. The waiver by any party hereto of a breach Party of any provision breach of this Agreement by another Party shall not operate or be construed as deemed a waiver of any other prior or subsequent breachbreach of this Agreement.
Appears in 11 contracts
Samples: Settlement Agreement (Trustmark Corp), Settlement Agreement, Settlement Agreement
Waiver. The waiver by any party hereto Party of a the breach of any covenant or provision of in this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by any Party.
Appears in 11 contracts
Samples: Global Performance Share Award Agreement (Enerpac Tool Group Corp), Global Performance Share Award Agreement (Enerpac Tool Group Corp), Global Restricted Stock Unit Agreement (Enerpac Tool Group Corp)
Waiver. The Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed as to be a waiver of any other breach of that provision or subsequent breachof any breach of any other provision of this Agreement. Any waiver must be in writing and be authorized by a resolution of the Board of Directors of the waiving party.
Appears in 11 contracts
Samples: Plan of Merger (Edmonds 5 Inc.), Lateral Drilling Services Agreement (Reconstruction Data Group Inc), Merger Agreement
Waiver. The waiver by any party hereto of a the breach of any covenant or provision of in this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by any party.
Appears in 10 contracts
Samples: Non Competition and Non Solicitation Agreement (Hostess Brands, Inc.), Employment and Noncompetition Agreement (Hk Systems Inc), Employment Agreement (Hk Systems Inc)
Waiver. The waiver Waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as, or be construed as to be, a waiver of any other or subsequent breachbreach hereof.
Appears in 10 contracts
Samples: Employment Agreement (Mobile-Health Network Solutions), Employment Agreement (Mobile-Health Network Solutions), Employment Agreement (Mobile-Health Network Solutions)
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement by any other party shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 10 contracts
Samples: Special Compensation and Non Compete Agreement, Special Compensation and Non Compete Agreement (Embarq CORP), Special Compensation and Non Compete Agreement (Embarq CORP)
Waiver. The No waiver by any party hereto of a breach either Party of any provision term or breach of this Agreement shall not operate or be construed as a waiver of any other term or subsequent breachbreach hereof or of the same or a similar term or breach on any other occasion.
Appears in 10 contracts
Samples: Transition Services Agreement (NOW Inc.), Transition Services Agreement (NOW Inc.), Transition Services Agreement (CST Brands, Inc.)
Waiver. The waiver by any either party hereto of its rights under this Agreement or the failure of a breach of party to promptly enforce any provision of this Agreement hereof shall not operate or be construed as a waiver of any subsequent breach of the same or any other covenant, term or subsequent breachprovision.
Appears in 10 contracts
Samples: Consulting Agreement (Ethanol Grain Processors, LLC), Consulting Agreement (Buffalo Ridge Energy, LLC), Consulting Agreement (Nek-Sen Energy LLC)
Waiver. The waiver by any party hereto of a any breach of any provision of this Escrow Agreement shall not operate be deemed to be or be construed as a waiver of any other breach, whether prior, subsequent, or subsequent breachcontemporaneous, of this Escrow Agreement, nor shall such waiver be deemed to be or construed as a waiver by any other party.
Appears in 10 contracts
Samples: Tobacco Escrow Agreement, Escrow Agreement, Tobacco Escrow Agreement
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement by either Party shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 10 contracts
Samples: Reciprocal Confidentiality Agreement & Non Compete Agreement, Independent Contractor Non Compete Agreement, Independent Contractor Non Compete Agreement
Waiver. The waiver Waiver by either of the Parties of any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other prior or subsequent breachbreach of the same or any other provision hereof.
Appears in 10 contracts
Samples: Separation and Release Agreement (Troika Media Group, Inc.), Separation Agreement (Troika Media Group, Inc.), Separation Agreement (Troika Media Group, Inc.)
Waiver. The waiver by any party hereto of a the breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of the same or other provision hereof. No failure or delay on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or subsequent breachfurther exercise thereof or the exercise of any other right, power or remedy.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Ciber Inc), Merger Agreement (Ciber Inc), Merger Agreement (Ciber Inc)
Waiver. The A waiver by or indulgence of any party hereto of a breach of any provision of term, condition, covenant or warranty contained in this Agreement Agreeient shall not operate be deemed or be construed as a waiver of any other provisions, affect the validity of the remainder of this Agreement or subsequent breachconstitute a waiver of any preceding or succeeding breach of the same or any other provision hereof. A waiver of any right, provision or remedy by any party shall not be valid unless executed in writing by the party making such waiver.
Appears in 10 contracts
Samples: Gaming Devices License Agreement (Herbst Gaming Inc), Gaming Devices License Agreement (Herbst Gaming Inc), Gaming License Agreement (Herbst Gaming Inc)
Waiver. The waiver by any either party hereto of a breach of any provision of this Agreement shall will not operate or be construed interpreted as a waiver of any other or subsequent breach.
Appears in 10 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
Waiver. The waiver Waiver by any party hereto either Party of a breach or violation of any provision of this Agreement shall will not operate or be construed as a waiver of any other or subsequent breach.
Appears in 9 contracts
Samples: Standard Purchasing Agreement, Standard Purchasing Agreement, Purchasing Agreement
Waiver. The waiver by any either party hereto of a any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by either party hereto.
Appears in 9 contracts
Samples: Employment Agreement (Andrx Corp /De/), Employment Agreement (Caraco Pharmaceutical Laboratories LTD), Employment Agreement (Andrx Corp /De/)
Waiver. The waiver by any a party hereto of a any breach by the other party ------ hereto of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breachbreach by a party hereto.
Appears in 9 contracts
Samples: Employment Agreement (Goamerica Inc), Employment Agreement (Happy Kids Inc), Employment Agreement (Goamerica Inc)
Waiver. The waiver by any either party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as constitute a waiver of any subsequent or other breach or subsequent breachviolation.
Appears in 9 contracts
Samples: Master Agreement, Master Agreement, Landscape & Irrigation Maintenance Service Agreement
Waiver. The waiver by any party hereto either Party of a the breach or nonperformance of any provision of this Agreement shall by the other Party will not operate or be construed as a waiver of any future breach or nonperformance under any such provision of this Agreement or, in the case of the Company, any similar agreement with any other or subsequent breachemployee.
Appears in 9 contracts
Samples: Restricted Covenants, Severance & Change in Control Agreement (Patterson Companies, Inc.), Inducement, Severance & Change in Control Agreement (Patterson Companies, Inc.), Employment Agreement (Patterson Companies, Inc.)
Waiver. The A waiver by any either party hereto of a breach of any term or provision of this Agreement the Agreement, including all exhibits, shall not operate or be construed as a waiver of any other or subsequent breach.
Appears in 8 contracts
Samples: Separation Agreement (Colgate Palmolive Co), Severance Agreement (INSMED Inc), Transition and Separation Agreement (Insmed Inc)
Waiver. The A Party’s waiver by of any party hereto 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 later breach of the same or other or subsequent breachAgreement provision.
Appears in 8 contracts
Samples: Separation Agreement (Alta Mesa Resources, Inc. /DE), Separation Agreement (Alta Mesa Resources, Inc. /DE), Separation Agreement (Alta Mesa Resources, Inc. /DE)
Waiver. The waiver by any party hereto of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of such provision or any other or subsequent breachprovision of this Agreement.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Four Rivers Bioenergy Inc.), Asset Purchase Agreement (Four Rivers Bioenergy Inc.), Medical Asset Purchase Agreement (Everest One Ipa Inc)
Waiver. The Any waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent breach or subsequent breachprovision hereof.
Appears in 8 contracts
Samples: Proprietary Matters Agreement, Proprietary Matters Agreement (Cabelas Inc), Proprietary Matters Agreement (Cabelas Inc)
Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other prior or subsequent breach; provided, however, that either party to this Agreement may waive any obligation owed to such party, if such waiver is in writing signed by an authorized signer.
Appears in 8 contracts
Samples: Employment Agreement (Kreido Biofuels, Inc.), Employment Agreement (Kreido Biofuels, Inc.), Employment Agreement (Kreido Biofuels, Inc.)
Waiver. The waiver If a party, by its actions or omissions, waives or is adjudged to have waived any party hereto of a breach of this Agreement, any provision of this Agreement such waiver shall not operate or be construed as a waiver of any other or subsequent breachbreach of this Agreement.
Appears in 8 contracts
Samples: Settlement Agreement, Separation Agreement, Separation Agreement (Transenterix, Inc.)
Waiver. The waiver by any party hereto to this Agreement of a breach of any provision of the provisions of this Agreement shall not operate or be construed as constitute a waiver of any other or subsequent breach.
Appears in 8 contracts
Samples: Employment Agreement (Global Secure Corp.), Employment Agreement (Global Secure Corp.), Employment Agreement (Global Secure Corp.)
Waiver. The A waiver by any a party hereto of a breach to this Agreement of any provision breach of this Agreement shall by the other party will not operate or be construed as a waiver of any other breach or subsequent breacha waiver of the same breach on a future occasion. No delay or omission by either party to enforce any rights it may have under this Agreement will operate or be construed as a waiver.
Appears in 8 contracts
Samples: Employment Agreement (Ptek Holdings Inc), Employment Agreement (Premiere Global Services, Inc.), Employment Agreement (Premiere Global Services, Inc.)
Waiver. The A waiver by of any party hereto of a breach of this agreement or of any provision of this Agreement the terms or conditions by either party thereto, shall not operate or be construed as deemed a waiver of any repetition of such breach or in any wise affect any other terms or subsequent breachconditions hereof; no waiver shall be valid or binding unless it shall be in writing, and signed by the parties.
Appears in 8 contracts
Samples: Publishing Agreement, Publication Contract, Publication Contract
Waiver. The waiver by either party of any party hereto of a breach or violation of any provision of this Agreement agreement shall not operate or be construed as a waiver of any other subsequent breach or subsequent breachviolation unless such waiver is expressly made in writing.
Appears in 8 contracts
Samples: Accounting Bookkeeping Agreement, Business Marketing Management Agreement, Website Development Agreement
