Common use of Waiver Clause in Contracts

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)

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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 54 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 (Voyageur Mutual Funds Iii /Mn/), Fund Accounting and Financial Administration Oversight Agreement (Delaware Investments Dividend & Income Fund 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 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. 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 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), Stockholders' Agreement (Insignia Financial Group Inc), Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates Iii)

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: Administration Services Agreement (Optimum Fund Trust), Services Agreement (Delaware Group Adviser Funds Inc /Md/), Accounting and Financial Administration Oversight Agreement (Delaware Group Limited Term Government 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), Asset Purchase Agreement (General Communication 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 (Federal Mortgage Corp of Puerto Rico), Consulting Agreement (Federal Mortgage Corp of Puerto Rico), 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 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 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 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 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), Consulting Agreement (Sa Telecommunications Inc /De/), Services Agreement (Temtex Industries 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 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 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 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 (MATECH Corp.), Escrow Agreement (Bluestar Health, 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. 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 /De/), 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 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: Agreement and Plan of Merger and Reorganization (Predict It Inc), Stock Purchase Agreement (Marketing Services Group Inc), Acquisition Agreement (Plume Creek Inc)

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: Performance 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 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 7 contracts

Samples: Service Agreement, Service Agreement, Service 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 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 (Youth Stream Media Networks Inc), Employment Agreement (Network Event Theater Inc)

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 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 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 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/), 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 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 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: Overture Master Agreement (Marchex 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 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, Kasper a S L LTD

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), Sale and Assignment Agreement (Stratasys 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 6 contracts

Samples: End User License Agreement, License Agreement, License Agreement

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. (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 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 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 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 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

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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 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 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 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.), Employment Agreement (Mojo Ventures, Inc), Agreement (Mojo Ventures, 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 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 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. 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 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 (Atc Group Services Inc /De/), Agreement for Sale and Purchase of Business Assets (Atc Group Services Inc /De/), Stock Purchase Agreement (Atc Group Services Inc /De/)

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 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 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 Financial Group Inc /De/), Employment Agreement (Insignia Financial Group Inc /De/), Employment Agreement (Insignia Esg Holdings 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 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: Stockholders’ Agreement (Universal Access Global Holdings Inc), Stock Purchase Agreement (Universal Access Global Holdings Inc), Stockholders Agreement (Vitaminshoppecom 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: Confidential Treatment (H Power Corp), Product Operating Agreement (H Power Corp), Confidential Treatment (H Power Corp)

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 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 (Gateway Distributors LTD), Consulting Agreement (Gateway Distributors LTD), Consulting Agreement (Worldnet Resources Group 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 4 contracts

Samples: mayfieldindustries.com.au, walkercontrol.com.au, walkercontrol.com.au

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), Consulting Agreement (Cardtrend International 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 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 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 (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 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 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 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 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 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 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 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 3 contracts

Samples: Employment Agreement (SolarWindow Technologies, Inc.), Employment Agreement (New Energy Technologies, Inc.), Employment Agreement (Janus Resources, Inc.)

Waiver. Any waiver by either party of a breach of any provision of this Employment 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 Employment Agreement. The failure of a party to insist upon strict adherence to any term of this Employment 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 Employment Agreement. Any waiver must be in writing, signed by the party giving such waiver.

Appears in 3 contracts

Samples: Employment Agreement (Teton Advisors, Inc.), Employment Agreement (Teton Advisors, Inc.), Employment Agreement (Teton Advisors, Inc.)

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 The waiver by either any party to this Agreement of a breach by any party of any provision of this Agreement shall not operate as or be construed to be as a waiver of any subsequent breach by any other breach of such provision or party. No waiver of any breach of any other provision of this Agreement. The failure of a Agreement shall be effective, unless in writing and signed by the party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiving its rights, and then such waiver or deprive that party of consent shall be effective only in the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writingspecific instance and for the specific purpose for which given.

Appears in 3 contracts

Samples: Non Competition Agreement (Equity Office Properties Trust), Non Competition Agreement (Equity Office Properties Trust), Non Competition Agreement (Equity Office Properties Trust)

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 writingevidenced by a writing signed by the party against whom the waiver is sought to be enforced.

Appears in 3 contracts

Samples: Stockholders' Agreement (Schick Allen), Stockholders' Agreement (Schick David), Stockholders' Agreement (Schick Technologies 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 Subject to the provisions of Section 12 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: Amended and Restated Registration Rights Agreement (Bg Media Intermediate Fund L P), Registration Rights Agreement (Netvoice Technologies Corp), Registration Rights Agreement (Netvoice Technologies Corp)

Waiver. Any The 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 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 3 contracts

Samples: Executive Retention Agreement (Aerojet Rocketdyne Holdings, Inc.), Retention Agreement (Gencorp Inc), Employment Agreement (Edgar Online 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 both parties.

Appears in 3 contracts

Samples: Executive Employment Agreement (Irata Inc), Consulting Agreement (Irata Inc), Executive Employment Agreement (Irata 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 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 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: Consulting and Media Agreement, Consulting and Media Agreement (Quantum Solar Power Corp.), Advertising and Media Agreement (China Resources Development Inc)

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