Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 150 contracts
Samples: Professional Services Agreement (Integral Technologies Inc), Professional Services Agreement (Integral Technologies Inc), Professional Services Agreement (Integral Technologies Inc)
Waiver. Any waiver by either party of a breach failure of any provision party to this Agreement to comply with any of its obligations, agreements, or conditions hereunder may be waived in writing by the party to whom such compliance is owed. The failure of any party to this Agreement to enforce at any time any of the provisions of this Agreement shall not operate as or in no way be construed to be a waiver of any other breach of such provision or a waiver of the right of such party thereafter to enforce each and every such provision. No waiver of any breach of or non-compliance with this Agreement shall be held to be a waiver of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver subsequent breach or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingnon-compliance.
Appears in 81 contracts
Samples: Independent Contractor Agreement (CancerVAX, Inc.), Independent Contractor Agreement (CancerVAX, Inc.), Membership Interest Purchase Agreement
Waiver. Any waiver Either party hereto may waive compliance by either the other party of a breach of with any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon on strict adherence to any term of this Agreement on one or more occasions any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. No waiver of any provision shall be construed as a waiver of any other provision. Any waiver must be in writing.
Appears in 69 contracts
Samples: Employment Agreement (Cadrenal Therapeutics, Inc.), Employment Agreement (Matinas BioPharma Holdings, Inc.), Employment Agreement (Matinas BioPharma Holdings, Inc.)
Waiver. Any waiver by either party of a breach of any No provision of this Agreement may be waived, without the written agreement of both parties. No waiver by one party of any obligation of the other hereunder shall not operate as or be construed to be considered a waiver of any other breach obligation of such provision or of any breach of any other provision of this Agreementparty. The failure of a party to this Agreement to insist upon strict adherence to any term of this Agreement on one or more occasions any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 62 contracts
Samples: Securities Lending Agency Agreement (BlackRock Series Fund II, Inc.), Securities Lending Agency Agreement (Blackrock Debt Strategies Fund, Inc.), Securities Lending Agency Agreement (Blackrock Floating Rate Income Trust)
Waiver. Any The waiver by either party Party of a breach of any provision of this Agreement shall not operate as be or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term provision or any other term provision of this Agreement. Any such waiver must be in writing, signed by the Party against whom such waiver is to be enforced.
Appears in 55 contracts
Samples: Employment Agreement (FG Merger Corp.), Employment Agreement (FG Merger Corp.), Employment Agreement (FG Merger Corp.)
Waiver. Any waiver Either party may waive compliance by either the other party of a breach of with any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon on strict adherence to any term of this Agreement on one or more occasions any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. No waiver of any provision shall be construed as a waiver of any other provision. Any waiver must be in writing.
Appears in 53 contracts
Samples: Executive Severance Agreement (Altair Engineering Inc.), Employment Agreement (Vintage Wine Estates, Inc.), Executive Severance Agreement (Altair Engineering Inc.)
Waiver. Any waiver by either party of a breach failure of any provision party to this Agreement to comply with any of its obligations, agreements, or conditions hereunder may be waived in writing by the party to whom such compliance is owed. The failure of any party to this Agreement to enforce at any time any of the provisions of this Agreement shall not operate as or in no way be construed to be a waiver of any other breach of such provision or a waiver of the right of such party thereafter to enforce each and every such provision. No waiver of any breach of or noncompliance with this Agreement shall be held to be a waiver of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver subsequent breach or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingnoncompliance.
Appears in 51 contracts
Samples: Loan Conversion Agreement (Flux Power Holdings, Inc.), Loan Conversion Agreement (Flux Power Holdings, Inc.), Advisory Agreement (Sovereign Lithium, Inc.)
Waiver. Any A party’s waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other subsequent breach of such provision or of by any breach of any other provision of this Agreementparty. The A party’s failure of a party to insist upon strict adherence to any term provision of this the Agreement on one or more occasions shall not be considered constitute a waiver or deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingsuch provision.
Appears in 43 contracts
Samples: Fund Accounting and Financial Administration Oversight Agreement (Optimum Fund Trust), Fund Accounting and Financial Administration Services Agreement (Delaware Group Cash Reserve /De/), Fund Accounting and Financial Administration Oversight Agreement (Delaware Group Equity Funds Iii)
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 37 contracts
Samples: Employment Agreement (Community West Bancshares), Employment Agreement (Community West Bancshares), Employment Agreement (Community West Bancshares)
Waiver. Any waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party the other Party of the right thereafter to insist upon strict adherence to that term or of any other term of or this Agreement. Any waiver must be in writing.
Appears in 32 contracts
Samples: Consulting Agreement (Link Group International Inc), Funding Agreement (Taylor Consulting Inc.), Funding Agreement (Winchester Holding Group)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing, signed by the party giving such waiver.
Appears in 31 contracts
Samples: Services Agreement (Celgene Corp /De/), Employment Agreement (Neurogen Corp), Employment Agreement (Neurogen Corp)
Waiver. Any waiver of this Agreement must be executed by the party to be bound by such waiver. If either party of a should waive any breach of any provision provisions of this Agreement Agreement, they shall not operate as thereby be deemed to have waived any preceding or be construed to be a waiver of any other succeeding breach of such provision the same or of any breach of any other provision of this AgreementAgreement or any similar or dissimilar provision or condition at the same or any subsequent time. The failure of a either party hereto to insist upon strict adherence to take any term action by reason of this Agreement on one or more occasions shall any breach will not be considered a waiver or deprive that such party of the right thereafter to insist upon strict adherence to that term or take action at any other term of this Agreement. Any waiver must be in writingtime.
Appears in 29 contracts
Samples: Executive Employment Agreement (DocGo Inc.), Executive Employment Agreement (DocGo Inc.), Executive Employment Agreement (loanDepot, Inc.)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers must be in writing.
Appears in 28 contracts
Samples: Employment Agreement (Cd International Enterprises, Inc.), Employment Agreement (Cd International Enterprises, Inc.), Employment Agreement (Directview Holdings Inc)
Waiver. Any waiver by either any party of a breach of any provision term of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision that term or of any breach of any other provision term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and be authorized by a resolution of the Board of Directors or by an officer of the waiving party.
Appears in 27 contracts
Samples: Agreement and Plan of Merger (RDE, Inc.), Agreement and Plan of Merger (uBid Holdings, Inc./New), Agreement and Plan of Merger (Landwin Realty Trust, Inc.)
Waiver. Any The waiver by either party any of the parties hereto of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term provision or any other term provision of this Agreement. Any waiver must be in writing.
Appears in 21 contracts
Samples: Employment Agreement (Star Equity Holdings, Inc.), Employment Agreement (Star Equity Holdings, Inc.), Employment Agreement (Star Equity Holdings, Inc.)
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 21 contracts
Samples: Technology License Agreement (Copytele Inc), Stockholders Agreement (Kanders Warren B), Stockholders Agreement (Warren Russell F JR)
Waiver. Any waiver by either any party of a breach of any provision term of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision that term or of any breach of any other provision term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 20 contracts
Samples: Termination Agreement (SRS Labs Inc), Subscription and Purchase Agreement (Insignia Financial Group Inc), Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates Iii)
Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 20 contracts
Samples: Employment Agreement (Team Health Holdings Inc.), Employment Agreement (Team Health Holdings Inc.), Employment Agreement (Team Health Holdings Inc.)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not neither be considered a waiver or nor deprive that party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and signed by the party to be charged therewith.
Appears in 19 contracts
Samples: Purchase and Sale Agreement (Athena Bitcoin Global), Agreement, Purchase and Sale Agreement
Waiver. Any The waiver by either any party of a breach of any provision of this Agreement hereof shall not operate as or be construed deemed to be a constitute the waiver of any other prior or subsequent breach of such the same provision or any other provisions hereof. Further, the failure of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingAgreement unless such party expressly waives such provision pursuant to a written instrument which refers to this Agreement and is signed by such party.
Appears in 16 contracts
Samples: Employment Agreement (Rush Enterprises Inc \Tx\), Employment Agreement (Rush Enterprises Inc \Tx\), Employment Agreement (Rush Enterprises Inc \Tx\)
Waiver. Any The waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term provision or any other term provision of this Agreement. Any waiver must be in writingwriting and signed by the Executive and the Company.
Appears in 15 contracts
Samples: Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc), Employment Agreement (Empire Resorts Inc)
Waiver. Any A party's waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other subsequent breach of such provision or of by any breach of any other provision of this Agreementparty. The A party's failure of a party to insist upon strict adherence to any term provision of this the Agreement on one or more occasions shall not be considered constitute a waiver or deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingsuch provision.
Appears in 15 contracts
Samples: Accounting and Financial Administration Oversight Agreement (Voyageur Intermediate Tax Free Funds), Accounting and Financial Administration Oversight Agreement (Delaware Group Limited Term Government Funds), Administration Services Agreement (Delaware Group Foundation Funds)
Waiver. Any waiver by The failure of either party of a breach the Parties to at any time enforce any of any provision the provisions of this Agreement shall not operate as be deemed or be construed to be a waiver of any other breach such provision, nor to in any way affect the validity of such this Agreement or any provision hereof or the right of either of the Parties to enforce each and every provision of this Agreement. No waiver of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term the provisions of this Agreement on one shall be effective unless set forth in a written instrument executed by the party against whom or more occasions which enforcement of such waiver is sought, and no waiver of any such breach shall not be considered construed or deemed to be a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingor subsequent breach.
Appears in 14 contracts
Samples: Employment Agreement (Vera Bradley, Inc.), Release and Waiver Agreement (Vera Bradley, Inc.), Service Agreement (Ipg Photonics Corp)
Waiver. Any waiver must be in writing, and any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 14 contracts
Samples: Registration Rights Agreement (Angiotech Pharmaceuticals Inc), Shareholder Rights and Registration Rights Agreement (Accufacts Pre Employment Screening Inc), Asset Purchase Agreement (General Communication Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 13 contracts
Samples: Consulting Agreement (Guardian Technologies International Inc), Consulting Agreement (Guardian Technologies International Inc), Consulting Agreement (Federal Mortgage Corp of Puerto Rico)
Waiver. Any The failure of either party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance with this Agreement, and the terms, conditions and provisions of this Agreement shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party. The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate as or be construed to be as a continuing waiver of such breach or as a waiver of any other breach breaches of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 12 contracts
Samples: User License Agreement, End User License Agreement, User License Agreement
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 11 contracts
Samples: Employment Agreement, Employment Agreement (ChyronHego Corp), Employment Agreement (ChyronHego Corp)
Waiver. Any waiver of any term or condition of this Agreement must be in writing and signed by the party to be charged. Any waiver by either any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 11 contracts
Samples: Purchase Agreement (Investors Bancorp, Inc.), Purchase Agreement (HomeStreet, Inc.), Agreement (RPX Corp)
Waiver. Any The waiver by either party Party of a breach of any provision of this Agreement shall not operate as be or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term provision or any other term provision of this Agreement. Any waiver must be in writing.
Appears in 11 contracts
Samples: Employment Agreement (Aerojet Rocketdyne Holdings, Inc.), Letter Agreement (Cogint, Inc.), Employment Agreement (Aerojet Rocketdyne Holdings, Inc.)
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 10 contracts
Samples: Escrow Agreement (SearchCore, Inc.), Escrow Agreement (Bluestar Health, Inc.), Escrow Agreement (MATECH Corp.)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 10 contracts
Samples: Employment Agreement (Digital Communications Technology Corp), Employment Contract (Temtex Industries Inc), Employment Contract (Temtex Industries Inc)
Waiver. Any waiver by either party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that such term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 10 contracts
Samples: Consulting Agreement (Sincerity Applied Materials Holdings Corp.), Consulting Agreement (China Xiangtai Food Co., Ltd.), Consulting Agreement (ZK International Group Co., Ltd.)
Waiver. Any No waiver by either party of a breach Party of any provision breach or default of this Agreement any of the covenants or agreements herein set forth shall not operate be deemed a waiver as to any subsequent and/or similar breach or default. The failure by either Party to take any action or assert any right hereunder shall in no way be construed to be a waiver of such right, nor in any other breach way be deemed to affect the validity of such provision this Agreement or any part hereof, or the right of any breach of any other a Party to thereafter enforce each and every provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 10 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that the party of the right thereafter hereunder to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and signed by the waiving party.
Appears in 10 contracts
Samples: Change of Control Agreement (Rainbow Technologies Inc), Employment Agreement (Rainbow Technologies Inc), Change of Control Agreement (Rainbow Technologies Inc)
Waiver. Any The failure of either Party to insist upon the strict performance of any of the terms, conditions and provisions of this Agreement shall not be construed as a waiver or relinquishment of future compliance with this Agreement, and the terms, conditions and provisions of this Agreement shall remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either Party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such Party. The waiver by either party Party of a breach of any provision of this Agreement by the other Party shall not operate as or be construed to be as a continuing waiver of such breach or as a waiver of any other breach breaches of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 10 contracts
Samples: Partner Agreement, Partner Agreement, Partner Agreement
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement.
Appears in 9 contracts
Samples: Executive Employment Agreement (NeueHealth, Inc.), Membership Interest Purchase Agreement (Klein Benjamin), Membership Interest Purchase Agreement (Greenbrook TMS Inc.)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 9 contracts
Samples: Employment Agreement (Insignia Esg Holdings Inc), Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Insignia Financial Group Inc)
Waiver. Any No waiver by either party any of a breach of any provision of the Parties to this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term term, condition or obligation of this Agreement on one or more occasions by any other Party shall not be considered construed as a waiver of any subsequent or deprive continuing breach of that party term, condition or obligation or of any other term, condition or obligation of this Agreement of the same or of a different nature. Neither the failure nor the delay of either Party to enforce any provision of, or right or remedy under, this Agreement shall constitute a waiver of such provision, right or remedy or of the right thereafter of each Party to insist upon strict adherence to that term or any other term enforce each and every provision of this Agreement. Any waiver of this Agreement must be in writing.
Appears in 9 contracts
Samples: Patent and Technology License And (Q BioMed Inc.), Patent and Technology License And (Q BioMed Inc.), Patent and Technology License And (Q BioMed Inc.)
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and signed by or on behalf of the waiving party.
Appears in 8 contracts
Samples: Asset Purchase and Merger Agreement (Sysorex Global Holdings Corp.), Acquisition and Share Exchange Agreement (Winsonic Digital Media Group LTD), Agreement and Plan of Reorganization (Media & Entertainment Com Inc)
Waiver. Any No waiver by either party of a breach of any provision breach of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreementas to succeeding breaches. The failure of a party either of the Parties to insist in any one or more instances upon strict adherence to performance of any term terms or conditions of this Agreement on one or more occasions shall not be considered construed as a waiver of future performance of any such term, covenant or deprive that party condition but the obligations of either of the right thereafter Parties with respect thereto shall continue in full force and effect. The breach by one of the Parties to insist upon strict adherence to that term this Agreement shall not preclude equitable relief or any other term the obligations of this Agreement. Any waiver must be in writingthe other.
Appears in 8 contracts
Samples: Employment Agreement (PishPosh, Inc.), Employment Agreement (PishPosh, Inc.), Employment Agreement (PishPosh, Inc.)
Waiver. Any waiver by either party The failure to enforce any of a breach of any provision the terms and conditions of this Agreement by either of the parties hereto shall not operate as be deemed a waiver of any other right or be construed privilege under this Agreement or a waiver of the right to thereafter claim damages for any deficiencies resulting from any misrepresentation, breach of warranty, or non-fulfillment of any obligation of any other party hereto. In order for there to be a waiver of any other breach of such provision term or of any breach of any other provision condition of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any , such waiver must be in writingwriting and signed by the party making the waiver.
Appears in 8 contracts
Samples: Agreement, Service Agreement, Service Agreement
Waiver. Any waiver by either party of a breach The failure to insist upon strict enforcement of any provision of the provisions of this Agreement shall not operate as be deemed or be construed to be a waiver of any other breach such provision, nor to in any way affect the validity of such this Agreement or the right of any party hereto to thereafter enforce each and every provision or of this Agreement. No waiver of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term the provisions of this Agreement on one shall be effective unless set forth in a written instrument executed by the party against which enforcement of such wavier is sought, and no waiver of any such breach shall be construed or more occasions shall not deemed to be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingor subsequent breach.
Appears in 8 contracts
Samples: Stock Option Agreement (Capital Growth Systems Inc /Fl/), Performance Option Agreement (Capital Growth Systems Inc /Fl/), Performance Option Agreement (Capital Growth Systems Inc /Fl/)
Waiver. Any waiver by either any party of a breach of any provision terms of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision that term or of any breach of any other provision term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 8 contracts
Samples: Acquisition Agreement (Plume Creek Inc), Agreement and Plan of Merger and Reorganization (Predict It Inc), Stock Purchase Agreement (Marketing Services Group Inc)
Waiver. Any waiver Either party may waive compliance by either the other party of a breach of with any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreementagreement. The failure of a party to insist upon on strict adherence to any term of this Agreement agreement on one or more occasions any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement. No waiver of any provision shall be construed as a waiver of any other provision. Any waiver must be in writing.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Network Event Theater Inc), Employment Agreement (Network Event Theater Inc), Employment Agreement (Youth Stream Media Networks Inc)
Waiver. Any waiver by either party The failure to enforce any of a breach of any provision the terms and conditions of this Agreement by either of the parties hereto shall not operate as be deemed a waiver of any other right or be construed privilege under this Agreement or a waiver of the right to thereafter claim damages for any deficiencies resulting from any misrepresentation, breach of warranty, or non- fulfillment of any obligation of any other party hereto. In order for there to be a waiver of any other breach of such provision term or of any breach of any other provision condition of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any , such waiver must be in writingwriting and signed by the party making the waiver.
Appears in 7 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Waiver. Any The waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term provision or any other term provision of this Agreement. Any waiver must be in writing.
Appears in 7 contracts
Samples: Consulting Agreement (Laredo Oil, Inc.), Employment Agreement (Forward Industries Inc), Consulting Agreement (Nathans Famous Inc)
Waiver. Any The failure of either party to insist on the strict performance of any of the terms, conditions and provisions of this Agreement will not be construed as a waiver or relinquishment of future compliance with the Agreement, and the terms, conditions and provisions of this Agreement will remain in full force and effect. No waiver of any term or condition of this Agreement on the part of either party will be effective for any purpose whatsoever unless such waiver is in writing and signed by such party. The waiver by either party of a breach of any provision of this Agreement shall by the other party will not operate as or be construed to be as a continuing waiver of such breach or as a waiver of any other breach breaches of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 7 contracts
Samples: End User License Agreement, License Agreement, License Agreement
Waiver. Any waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Tactical Air Defense Services, Inc.), Acquisition Agreement (Tactical Air Defense Services, Inc.), Promissory Note Conversion Agreement (Imprimis Pharmaceuticals, Inc.)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and signed by the party against whose waiver is asserted.
Appears in 7 contracts
Samples: Employment Agreement (Marketing Services Group Inc), Employment Agreement (Marketing Services Group Inc), Employment Agreement (Marketing Services Group Inc)
Waiver. Any The terms or covenants of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by either party of a the breach of any provision term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of this Agreement shall not operate as any such breach or be construed to be a waiver of any other breach of such provision or of any the breach of any other provision of term or covenant contained in this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 6 contracts
Samples: Original Agreement (Local Matters Inc.), Search Services Agreement (Claria Corp), Contextual Search Agreement (Claria Corp)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 6 contracts
Samples: Advisory Services Agreement (MyDx, Inc.), Advisory Services Agreement (Voip Inc), Advisory Services Agreement (Voip Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision provisions of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing, signed by the party giving such waiver.
Appears in 6 contracts
Samples: Consultation and Scientific Advisory Board Agreement, Consultation and Scientific Advisory Board Agreement (Aveo Pharmaceuticals Inc), Consultation and Scientific Advisory Board Agreement (Aveo Pharmaceuticals Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing, signed by the party giving the waiver.
Appears in 6 contracts
Samples: Kasper a S L LTD, Donna Karan International Inc, Donna Karan International Inc
Waiver. Any waiver by either any party of a breach of any provision of the provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Afp Imaging Corp), Agreement and Plan of Merger (Micros to Mainframes Inc), Stock Purchase and Option Agreement (Micros to Mainframes Inc)
Waiver. Any No waiver by either party of a breach of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall not operate as or be construed deemed to be or construed as a further or continuing waiver of any other breach of such term, provision or condition or of any breach of any other term, provision or condition of this Agreement. The failure of either Party to assert a party right hereunder or to insist upon strict adherence to compliance with any term or condition of this Agreement on one or more occasions shall not be considered constitute a waiver of that right or deprive that party of the right thereafter excuse a similar subsequent failure to insist upon strict adherence to that perform any such term or any condition by the other term of this Agreement. Any waiver must be in writingParty.
Appears in 6 contracts
Samples: Manufacturing Agreement (Helix BioPharma Corp), Manufacturing Agreement (Helix BioPharma Corp), GMP Manufacturing Agreement (Helix BioPharma Corp)
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any failure of a party to assert his or its rights under any provision of this Agreement at any time (including his right to claim a Change of Control Payment), shall not prevent such person from asserting and receiving the full benefit of such rights at any subsequent time. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 6 contracts
Samples: Executive Salary Continuation Benefits Agreement (Pacific Capital Bancorp /Ca/), Executive Salary Continuation Benefits Agreement (Pacific Capital Bancorp), Salary Continuation Benefits Agreement (Pacific Capital Bancorp)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The parties hereto expressly understand and agree that failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver by either party must be agreed to by the other party and in writing.
Appears in 6 contracts
Samples: Employment Agreement (China Direct, Inc.), Employment Agreement (China Direct, Inc), Big Tree Group, Inc.
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and signed by the Employee or the President of the Company, as applicable.
Appears in 5 contracts
Samples: Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc)
Waiver. Any waiver by either party of a breach failure of any provision party to this Agreement to comply with any of its obligations, agreements, or conditions hereunder may be waived in writing by the party to whom such compliance is owed. The failure of any party to this Agreement to enforce at any time any of the provisions of this Agreement shall not operate as or in no way be construed to be a waiver of any other breach of such provision or a waiver of the right of such party thereafter to enforce each and every such provision. No waiver of any breach of or non-compliance with this Agreement shall be held to be a waiver of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver subsequent breach or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingnon- compliance.
Appears in 5 contracts
Samples: Consulting Agreement (Toen Group Inc), Consulting Agreement (Toen Group Inc), Advisory and Management Agreement (Hart Industries Inc)
Waiver. Any waiver by either any party of a breach of any provision term of this Agreement shall not operate as as, or be construed to be be, a waiver of any other breach of such provision that term or of any breach of any other provision term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver hereunder must be in writing.
Appears in 5 contracts
Samples: Registration Rights Agreement (Celerity Systems Inc), Registration Rights Agreement (Celerity Systems Inc), Registration Rights Agreement (Celerity Systems Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingof any breach of any provision of this Agreement shall not constitute a waiver of any other breach of such provision or any other provision hereof.
Appears in 5 contracts
Samples: Employment Agreement (Univec Inc), Employment Agreement (Univec Inc), Employment Agreement (Univec Inc)
Waiver. Any waiver by either party any Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Financing Escrow Agreement (Material Technologies Inc /Ca/), Financing Escrow Agreement (MATECH Corp.), Escrow Agreement (Single Source Financial Services Corp)
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Agreement for Sale and Purchase of Business Assets (Atc Group Services Inc /De/), Agreement for Sale and Purchase (Atc Group Services Inc /De/), Agreement for Sale and Purchase (Change Technology Partners Inc)
Waiver. The obligations of any party hereto may be waived only with the written consent of the party giving the waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall not be considered a continuing waiver or deprive that party of the right thereafter to insist upon strict adherence to that term provision or any other term provision of this Agreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Asset Purchase Agreement (It Partners Inc), Asset Purchase Agreement (Marcum Natural Gas Services Inc/New), Asset Purchase Agreement (It Partners Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Employment Contract (Hungarian Teleconstruct Corp), Employment Contract (Euroweb International Corp), Employment Contract (Euroweb International Corp)
Waiver. Any waiver must be in writing, and any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Resourcing Solutions Group Inc), Asset Purchase Agreement (Resourcing Solutions Group Inc), Asset Purchase Agreement (Resourcing Solutions Group Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not neither be considered a waiver or nor deprive that party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and signed by the applicable party.
Appears in 5 contracts
Samples: Master Purchase Agreement for Services, Master Purchase Agreement for Services, Master Purchase Agreement for Services
Waiver. Any waiver by either any party of a breach of any provision term of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision that term or of any breach of any other provision term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver hereunder must be in writingwriting signed by the waiving party.
Appears in 5 contracts
Samples: Employment Agreement (The3rdBevco Inc.), Agreement (Mojo Ventures, Inc), Employment Agreement (Mojo Ventures, Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall be in writing and shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a Failure by either party to insist upon strict adherence enforce any rights granted hereunder or to take action against the other party in the event of any term of this Agreement on one or more occasions breach hereunder shall not be considered deemed a waiver or deprive by that party of subsequent enforcement of rights or subsequent actions in the right thereafter to insist upon strict adherence to that term or any other term event of this Agreement. Any waiver must be in writingfuture breaches.
Appears in 5 contracts
Samples: resources.fifa.com, resources.fifa.com, medias.amf.asso.fr
Waiver. Any waiver The failure by either party of a breach of Party to insist upon strict compliance with any term or provision of this Agreement shall not operate as or be construed to be as a waiver of any other such term or provision. The waiver by either Party of a breach of any term or provision of this Agreement must be in writing signed by such Party in order to be binding and, further, shall not operate or be construed as a waiver of a subsequent breach of the same provision by any Party or of any the breach of any other term or provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Waiver and Release Agreement (Molina Healthcare, Inc.), Waiver and Release Agreement (Molina Healthcare Inc), Waiver and Release Agreement (Molina Healthcare Inc)
Waiver. Any The waiver by either any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a any party to insist upon strict adherence to require performance of any term provision of this Agreement on one or more occasions shall not be considered a waiver affect any parties right to full performance thereof at any time thereafter. Unless otherwise specified herein, the rights and remedies provided in this Agreement are cumulative and the exercise of any one right or deprive that remedy by any party of the shall not preclude or waive its right thereafter to insist upon strict adherence to that term exercise any or any all other term of this Agreement. Any waiver must be in writingrights or remedies.
Appears in 5 contracts
Samples: Transition Services Agreement, Transition Services Agreement (Kbr, Inc.), Transition Services Agreement (Kbr, Inc.)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Employment Agreement (Interdent Inc), Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Interdent Inc)
Waiver. Any The waiver by either party Party of a any breach of any provision of this the Agreement shall not operate as or be construed to be a waiver of any other subsequent breach whether of such provision the same nature or of any breach of any other provision of this Agreementotherwise. The failure of either Party to exercise any right which it may have in the event of a party to insist upon strict adherence to any term breach of this the Agreement on one or more occasions shall not be considered a deemed to be an abandonment or waiver of any right for damages injunction or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingotherwise.
Appears in 5 contracts
Samples: mayfieldindustries.com.au, mayfieldindustries.com.au, walkercontrol.com.au
Waiver. (a) Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 5 contracts
Samples: Employment Contract (Fix Corp International Inc), Employment Contract (Fix Corp International Inc), Brandmakers Inc
Waiver. Any waiver by either party any Party of a any breach of any provision term or condition of this Agreement shall not operate as or be construed to be deemed a waiver of any other breach of such provision term or of any breach other term or condition, nor shall the failure of any Party to enforce such provision constitute a waiver of such provision or any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions provision, nor shall not such action be considered deemed a waiver or deprive that party release of the right thereafter to insist upon strict adherence to that term other Party for any claims arising out of or any other term of connected with this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: License Agreement (National Quality Care Inc), License Agreement (Xcorporeal, Inc.), License Agreement (Xcorporeal, Inc.)
Waiver. Any waiver by Failure of either party at any time to declare breach and termination of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence due to any term violation or violations by the other party of this Agreement on one or more occasions the provisions hereof shall not be considered deemed a waiver or deprive that party on the part of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementsuch party. Any waiver must subsequent violations by the other party following a demand for strict compliance shall not be in writingdeemed a waiver, expressed or implied, and notice of breach thereafter, need not be served on the other party.
Appears in 4 contracts
Samples: Advisory Agreement, Stash Investments, Financial Planning Agreement
Waiver. Any waiver by Failure of either party of a breach of to enforce compliance with any provision of this Agreement shall not operate as constitute a waiver of such provision unless accompanied by a clear written statement that such provision is waived. A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be construed deemed to be a continuing waiver or a waiver of any other breach of such provision default or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any condition, but shall apply solely to the instance to which such waiver must be in writingis directed.
Appears in 4 contracts
Samples: Invention Assignment Agreement (UiPath, Inc.), FCM Membership Agreement, FCM Membership Agreement
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Employment Agreement (Trans World Gaming Corp), Employment Agreement (Trans World Gaming Corp), Employment Contract (Trans World Gaming Corp)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term provision or any other term provision of this Agreement. Any waiver must be in writingwriting and signed by the party charged therewith.
Appears in 4 contracts
Samples: Employment Agreement (Insignia Esg Holdings Inc), Employment Agreement (Insignia Financial Group Inc /De/), Employment Agreement (Insignia Financial Group Inc /De/)
Waiver. Any waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party the other Party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Consulting Agreement (Gfy Foods Inc), Consulting Agreement (Gfy Foods Inc), Consulting Agreement (Gfy Foods Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement Contract shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of in this AgreementContract. The failure of a party to insist upon strict adherence to any term of this Agreement Contract on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter hereafter to insist upon strict adherence to that term or any other term of this AgreementContract. Any waiver must be in writingwriting and signed by the parties.
Appears in 4 contracts
Samples: Employment Contract (Eateries Inc), Employment Contract (Eateries Inc), Employment Contract (Eateries Inc)
Waiver. Any waiver of a breach of any provision of this Agreement must be in writing and signed by either party the waiving party. Any waiver of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of of, or estoppel with respect to, any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions any occasion shall not be considered a waiver or deprive that party of the its right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Employee Agreement (Blackbaud Inc), Employee Agreement (Blackbaud Inc), Employee Agreement (Blackbaud Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of a breach of any provision hereof must be in writing.
Appears in 4 contracts
Samples: Executive Engagement Agreement (Himalaya Technologies, Inc), Employment Agreement (SolarWindow Technologies, Inc.), Employment Agreement (New Energy Technologies, Inc.)
Waiver. Any waiver must be in writing, and any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Grant Back License Agreement (Digimarc CORP), License Agreement, Grant Back License Agreement (Digimarc CORP)
Waiver. Any The waiver by either party Party of a breach of any provision of this Agreement shall not operate as be or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon up on strict adherence to that term provision or any other term provision of this Agreement. Any such waiver must be in writing, signed by the Party against whom such waiver is to be enforced.
Appears in 4 contracts
Samples: Employment Agreement (Volcon, Inc.), Employment Agreement (Volcon, Inc.), Employment Agreement (Volcon, Inc.)
Waiver. Any waiver by either party of a breach of any ------ provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Employment Agreement (Iparty Corp), Employment Agreement (Data Broadcasting Corporation), Employment Agreement (Data Broadcasting Corporation)
Waiver. Any waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party the other Party of the right thereafter to insist upon strict adherence to that term or of any other term of or this Agreement. Any waiver must be in writingAssignment: The Shares under this Agreement are assignable at the discretion of the Consultant without consent of the Company.
Appears in 4 contracts
Samples: Consulting Agreement (Prime Estates & Developments Inc), Consulting Agreement (Prime Estates & Developments Inc), Consulting Agreement (Prime Estates & Developments Inc)
Waiver. Any waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreementprovision. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon on strict adherence to that term or any other term of this the Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Product Operating Agreement (H Power Corp), Confidential Treatment (H Power Corp), Confidential Treatment (H Power Corp)
Waiver. Any waiver by either party Party of a breach of any provision of this ------ Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party the other Party of the right thereafter to insist upon strict adherence to that term or of any other term of or this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Consulting Agreement (Worldnet Resources Group Inc), Consulting Agreement (Pacel Corp), Consulting Agreement (Gateway Distributors LTD)
Waiver. Any The waiver by either any party of a breach of any provision provisions of this Agreement shall not operate as or be construed to be as a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreementby either party. The failure of a party to insist upon strict adherence to any term provision of this the Agreement on one or more occasions shall not be considered constitute a waiver or thereafter deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingadherence.
Appears in 4 contracts
Samples: Administration Agreement (UBS Managed Futures LLC (Aspect Series)), Administration Agreement (UBS Managed Futures LLC (Aspect Series)), Service Agreement (Willowbridge Fund Lp)
Waiver. Any waiver by either party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not neither be considered a waiver or nor deprive that party Party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingwriting and signed by the Party to be charged therewith.
Appears in 4 contracts
Samples: Asset Purchase Agreement (DPW Holdings, Inc.), Asset Purchase Agreement (Riot Blockchain, Inc.), Asset Purchase Agreement (Long Blockchain Corp.)
Waiver. Any waiver by either any party of a breach of any provision provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingevidenced by a writing signed by the party against whom the waiver is sought to be enforced.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Universal Access Global Holdings Inc), Stockholders’ Agreement (Universal Access Global Holdings Inc), Stockholders' Agreement (Universal Access Global Holdings Inc)
Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Consulting Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement. Any waiver must be in writing.
Appears in 4 contracts
Samples: Consulting Agreement (Lilis Energy, Inc.), Consulting Agreement (Miller Petroleum Inc), Scott Mac Caughern Consulting Agreement (Cardtrend International Inc.)
Waiver. Any waiver by either party of a breach of any provision term of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision that term or of any breach of any other provision term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 3 contracts
Samples: Agreement (Interferon Sciences Inc), Promissory Note Satisfaction Agreement (Entrade Inc), Promissory Note Satisfaction Agreement (Entrade Inc)
Waiver. Any waiver by either party of a breach The observance of any provision term of this Agreement may be waived only by the party benefited by such term. Any such waiver shall be limited to the particular circumstance or event and shall not operate as or be construed to be deemed a waiver of any other breach of such provision term hereof or of the same circumstance or event upon any breach of any other provision of this Agreementrecurrence thereof. The failure of a either party at any time to insist upon strict adherence to require the performance by the other of any term of this Agreement on the terms or provisions hereof or the waiver by one or more occasions party of any of the provisions hereof shall not be considered a waiver or deprive in no way affect the right of that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingenforce the same.
Appears in 3 contracts
Samples: www.entrust.com, www.entrust.com, www.entrust.com
Waiver. Any The waiver by either party of a the breach of any term or provision of this Agreement shall not operate as or be construed to be a waiver of any other or subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure Failure of a party to insist upon strict adherence to enforce any term of this Agreement on one or more occasions provision hereof shall not be considered deemed a waiver or deprive that party of such party's right to enforce such provision in the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingfuture.
Appears in 3 contracts
Samples: Employment Agreement (Active Iq Technologies Inc), Employment Agreement (Active Iq Technologies Inc), Employment Agreement (Active Iq Technologies Inc)
Waiver. Any waiver Either party may waive compliance by either the other party of a breach of with any ------ provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreementagreement. The failure of a party to insist upon on strict adherence to any term of this Agreement agreement on one or more occasions any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement. No waiver of any provision shall be construed as a waiver of any other provision. Any waiver must be in writing.
Appears in 3 contracts
Samples: Employment Agreement (Ziff Davis Inc), Employment Agreement (Ziff Davis Inc), Employment Agreement (Ziff Davis Inc)
Waiver. Any waiver by either party of a breach any Party of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Appears in 3 contracts
Samples: Termination Agreement (Xenon Pharmaceuticals Inc.), Termination Agreement (Oncogenex Pharmaceuticals, Inc.), Settlement Agreement and Mutual Release (Consolidated Communications Holdings, Inc.)
Waiver. Any waiver by either any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any Subject to the provisions of Section 13 hereof, any waiver must be in writingevidenced by a writing signed by the party against whom the waiver is sought to be enforced.
Appears in 3 contracts
Samples: Registration Rights Agreement (CRC Inc), Registration Rights Agreement (E Sync Networks Inc), Contribution Agreement (E Sync Networks Inc)
Waiver. Any waiver by either party A failure of a breach of any Party to enforce strictly a provision of this Agreement shall not operate as or in no event be construed to be considered a waiver of any other breach Party of such provision or provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one default or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any breach by such other term of this Agreement. Any waiver must be in writingParty.
Appears in 3 contracts
Samples: pub-chulavista.escribemeetings.com, pub-chulavista.escribemeetings.com, pub-chulavista.escribemeetings.com