Common use of Waiver Clause in Contracts

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 1121 contracts

Samples: Limited Liability Company Agreement (Beneficient), Series Limited Liability Company Agreement (Emporium Realty Fund I, LLC), Limited Partnership Agreement (Brookfield Oaktree Holdings, LLC)

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Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 604 contracts

Samples: Agreement (HappyNest REIT, Inc.), Limited Liability Company Agreement (Nexpoint Diversified Real Estate Trust), Limited Liability Company Agreement (Welltower OP LLC)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 393 contracts

Samples: Stockholders Agreement (PACS Group, Inc.), Stockholders Agreement (PACS Group, Inc.), Limited Liability Company Agreement (Smith Douglas Homes Corp.)

Waiver. A. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 125 contracts

Samples: Agreement (Rexford Industrial Realty, Inc.), Limited Liability Company Agreement (BrightSpire Capital, Inc.), Agreement (Aimco OP L.P.)

Waiver. No failure or delay by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a any breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 119 contracts

Samples: Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Agreement and Plan of Merger (Dupont Fabros Technology, Inc.)

Waiver. No failure by any party Party to insist upon on the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon on a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement agreement, or condition.

Appears in 72 contracts

Samples: Asset Sale Agreement (Data443 Risk Mitigation, Inc.), Revenue Interest Purchase Agreement (American Rebel Holdings Inc), Revenue Interest Purchase Agreement (American Rebel Holdings Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 66 contracts

Samples: Tax Matters Agreement (Parking REIT, Inc.), Tax Protection Agreement (Phillips Edison & Company, Inc.), Tax Protection Agreement (Phillips Edison & Company, Inc.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 65 contracts

Samples: Tax Receivable Agreement (QualTek Services Inc.), Tax Receivable Agreement (System1, Inc.), Tax Receivable Agreement (Sky Harbour Group Corp)

Waiver. (a) No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 52 contracts

Samples: Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Operating Agreement (Healthpeak Properties, Inc.), Limited Liability Company Agreement (Kimco Realty OP, LLC)

Waiver. No failure by any party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement or to exercise any right or remedy consequent available upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, dutyagreement, agreement term or condition.

Appears in 52 contracts

Samples: Securities Purchase Agreement (Alset Inc.), Securities Purchase Agreement (Dss, Inc.), Subscription Agreement (Zivo Bioscience, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a any breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 36 contracts

Samples: Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/), Agreement (Seritage Growth Properties), Limited Partnership Agreement (Tanger Properties LTD Partnership /Nc/)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of obligation under this Agreement or to exercise any right or remedy consequent upon a breach thereof under this Agreement shall constitute waiver of any such breach of obligation, right, or remedy or any other covenantobligation, dutyrights, agreement or conditionremedies under this Agreement.

Appears in 34 contracts

Samples: Tax Indemnification and Allocation Agreement (Ceva Inc), Tax Indemnification and Allocation Agreement (Ceva Inc), Tax Indemnification and Allocation Agreement (DSP Group Inc /De/)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 31 contracts

Samples: Employment Agreement (Amerityre Corp), Employment Agreement (Amerityre Corp), Employment Agreement (Amerityre Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition.

Appears in 22 contracts

Samples: Omnibus Agreement, Omnibus Agreement (Seaspan CORP), Agreement (Buckeye Partners, L.P.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition. Any waiver must be specifically stated as such in writing.

Appears in 21 contracts

Samples: Administrative Services Agreement (OceanPal Inc.), Administrative Services Agreement (OceanPal Inc.), Administrative Services Agreement (OceanPal Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 19 contracts

Samples: Agreement (Crosstex Energy Lp), K-Sea Tranportation Partners Lp, Crosstex Energy Lp

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition.

Appears in 17 contracts

Samples: Management Agreement, Financial Services Agreement (Seaspan CORP), Transaction Services Agreement (Seaspan CORP)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 16 contracts

Samples: American Healthcare REIT, Inc., Griffin-American Healthcare REIT IV, Inc., Griffin-American Healthcare REIT IV, Inc.

Waiver. A. No failure or delay by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 15 contracts

Samples: Limited Liability Company Agreement (Mobile Infrastructure Corp), Limited Liability Company Agreement (Mobile Infrastructure Corp), Support Agreement (Mobile Infrastructure Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 13 contracts

Samples: Joinder Agreement (DCP Midstream, LP), Joinder Agreement (DCP Midstream, LP), Equity Restructuring Agreement (DCP Midstream, LP)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 13 contracts

Samples: Limited Liability Company Agreement (Cable One, Inc.), Limited Partnership Agreement (Pope Resources LTD Partnership), Limited Partnership Agreement (Pope Resources LTD Partnership)

Waiver. No failure by any party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 13 contracts

Samples: Limited Liability Company Agreement (Symbotic Inc.), Exchange Agreement (Dynasty Financial Partners Inc.), Exchange Agreement (Dynasty Financial Partners Inc.)

Waiver. No A. To the fullest extent permitted by law, no failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 11 contracts

Samples: Agreement (Federal Realty OP LP), Agreement (Federal Realty OP LP), Agreement (Brixmor Operating Partnership LP)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to the exercise of any right or remedy consequent upon resulting from a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 10 contracts

Samples: Fourth (GPB Holdings II, LP), Limited Partnership Agreement (Safeway Stores 42, Inc.), Limited Partnership Agreement (Safeway Stores 42, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 10 contracts

Samples: Limited Liability Company Agreement (Darling Ingredients Inc.), Limited Liability Company Agreement (Darling Ingredients Inc.), Limited Liability Company Agreement (Mascoma Corp)

Waiver. No failure by any party to insist upon on the strict performance of any covenantconvenient, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon on a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, dutyagreement, agreement term, or condition.

Appears in 10 contracts

Samples: Medical Advisor Agreement, Consulting Agreement (Nu-Med Plus, Inc.), Medical Advisor Agreement (Nu-Med Plus, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement OPERATING AGREEMENT or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 9 contracts

Samples: Operating Agreement (Strategic Hotel Ventures, LLC), Operating Agreement (Century West Multifamily Income Reit, LLC), Operating Agreement (Anabasis Real Estate Investment Trust, LLC)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 9 contracts

Samples: Employment Agreement (Wordcruncher Internet Technologies), Employment Agreement (Alta Gold Co/Nv/), Employment Agreement (Alta Gold Co/Nv/)

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement term or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof remedy, shall constitute a waiver of such right or remedy on any such breach of any other covenant, duty, agreement or conditionsubsequent occasion.

Appears in 9 contracts

Samples: Services Agreement, Software License Agreement (Orbitz Worldwide, Inc.), Confidential Treatment Services Agreement (KAYAK SOFTWARE Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition, regardless of how long such failure continues.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Amneal Pharmaceuticals, Inc.), Limited Liability Company Agreement (Amneal Pharmaceuticals, Inc.), Limited Liability Company Agreement (Liberty Tax, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of or any such breach of or any other covenant, duty, agreement or condition.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Lexington Realty Trust), Lepercq Corporate Income Fund L P, Lexington Realty Trust

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 8 contracts

Samples: Agreement (Enbridge Energy Partners Lp), Agreement (Enbridge Energy Partners Lp), Contribution Agreement (Enbridge Energy Partners Lp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such subsequent breach or any breach of any other covenant, duty, agreement or condition.

Appears in 8 contracts

Samples: Tc Pipelines Lp, Tc Pipelines Lp, Tc Pipelines Lp

Waiver. No failure by any party to insist upon on the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon on a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, dutyagreement, agreement term, or condition.

Appears in 7 contracts

Samples: Consulting Agreement (Heavenly Hot Dogs Inc), Termination Agreement (Oak Ridge Micro-Energy Inc), Consulting Agreement (Oak Ridge Micro-Energy Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement agreement, or condition.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (OneDoor Studios Entertainment Properties LLC), Limited Liability Company Agreement (Fundrise Growth Tech Fund, LLC), Operating Agreement (EnLink Midstream, LLC)

Waiver. 15.11.1 No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 6 contracts

Samples: Agreement (Arizona Land Income Corp), Agreement (Arizona Land Income Corp), Agreement (Pacific Office Properties Trust, Inc.)

Waiver. No failure by any party to insist upon the strict ------ performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 6 contracts

Samples: Agreement (Cabot Industrial Properties Lp), Contribution Agreement (Cabot Industrial Trust), Agreement (Cabot Industrial Properties Lp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall will constitute a waiver of any such breach or of any other covenant, duty, agreement or conditioncondition of this Agreement, any such waiver being made only by a written instrument executed and delivered by the waiving party. Such written waiver by the Company must be approved by the CEO or the Board.

Appears in 6 contracts

Samples: Employment Agreement (Abovenet Inc), Employment Agreement (Abovenet Inc), Employment Agreement (Abovenet Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, covenant duty, agreement or condition of this Agreement Amendment or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, covenant duty, agreement or condition.

Appears in 6 contracts

Samples: Registration Rights Agreement, Partnership Agreement (El Paso Energy Partners Lp), Partnership Agreement (El Paso Corp/De)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon to a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 6 contracts

Samples: Employment Agreement (Pacific Webworks Inc), Employment Agreement (Pacific Webworks Inc), Employment Agreement (Pacific Webworks Inc)

Waiver. No failure by any party Member to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Limited Liability Company Operating Agreement (Helpful Alliance Co), Limited Liability Company Agreement (Stratos Funding, LP), Joinder Agreement

Waiver. No failure by any an party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.

Appears in 5 contracts

Samples: Consulting Agreement (Eco Science Solutions, Inc.), Employment Agreement (Sterling Mining CO), Employment Agreement (Qcomm International Inc)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Assumption and Indemnification Agreement (EXCO Partners, LP), Omnibus Agreement (BreitBurn Energy Partners L.P.), Omnibus Agreement (BreitBurn Energy Partners L.P.)

Waiver. A. No failure by any party to insist upon on the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Clipper Realty Inc.), www.sec.gov, Limited Partnership Agreement (Forest City Realty Trust, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Royal Hawaiian Orchards, L.P., Rainbow Casino (Rainbow Casino-Vicksburg Partnership, L.P.), Rainbow Casino (Alliance Gaming Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 5 contracts

Samples: Tax Receivable Agreement (Vacasa, Inc.), Tax Receivable Agreement (Ensemble Health Partners, Inc.), Tax Receivable Agreement (TPG Pace Solutions Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement agreement, or condition.

Appears in 5 contracts

Samples: Eme Homer City Generation Lp, Edison Mission Finance Co, Eme Homer City Generation Lp

Waiver. No failure by any party to insist upon the strict performance performances of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 5 contracts

Samples: Agreement (CNL Hospitality Properties Inc), Agreement (CNL Health Care Properties Inc), Agreement (CNL American Properties Fund Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall shall, to the fullest extent permitted by law, constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Mid-Con Energy Partners, LP, LRR Energy, L.P., Mid-Con Energy Partners, LP

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition. Each Partner expressly waives any right that he might have to require a partition of any Partnership property or a dissolution of the Partnership, except as otherwise provided in this Agreement.

Appears in 4 contracts

Samples: Agreement (Young Touchstone Co), Safeway Stores 42, Inc., Safeway Stores 42, Inc.

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Operating Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (InSight Imaging Services Corp.), Limited Liability Company Agreement (InSight Imaging Services Corp.), Limited Liability Company Agreement (InSight Imaging Services Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenantcovenants, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon arising from a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Operating Agreement (Forward Profit Investing LLC), Operating Agreement (FIS Healthcare Holdings, LLC), Operating Agreement (Forward Profit Investing LLC)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to the exercise of any right or remedy consequent upon resulting from a breach thereof shall constitute constitute, or be deemed to constitute, a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Walden Residential Properties Inc), Limited Partnership Agreement (Walden Residential Properties Inc), Walden Residential Properties Inc

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term or condition.

Appears in 4 contracts

Samples: Employment Agreement (Better Choice Co Inc.), Employment Agreement (Better Choice Co Inc.), Employment Agreement (Better Choice Co Inc.)

Waiver. No failure by any party to insist upon the strict ------ performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (Demattos Carlos D), General Partnership Agreement (Coso Power Developers), General Partnership Agreement (Coso Power Developers)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition. No single or partial exercise of any power or right shall preclude any other or further exercise thereof or the exercise of any other power or right. No waiver by a party of any right hereunder or of any default by another shall be binding upon such party unless in writing.

Appears in 4 contracts

Samples: Note Purchase Agreement (Pilgrims Pride Corp), Note Purchase Agreement (Pilgrims Pride Corp), Note Purchase Agreement (Pilgrims Pride Corp)

Waiver. No failure by any party to insist upon the strict performance ------ of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall will constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 4 contracts

Samples: Option Agreement (Maxwell Shoe Co Inc), Non Compete Agreement (Maxwell Shoe Co Inc), Additional Capital Contribution Agreement (Maxwell Shoe Co Inc)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition. Any waiver by the Company or any Investor Party of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall only be effective if executed in writing by the party making such waiver.

Appears in 4 contracts

Samples: Stockholders Agreement (Shoals Technologies Group, Inc.), Stockholders Agreement (Shoals Technologies Group, Inc.), Stockholders Agreement (Duck Creek Technologies, Inc.)

Waiver. No failure by any party to insist upon on the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 4 contracts

Samples: Operating Agreement (U S Timberlands Klamath Falls LLC), Operating Agreement (U S Timberlands Klamath Falls LLC), Operating Agreement (U S Timberlands Co Lp)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement or to exercise any right or remedy consequent available upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, dutyagreement, agreement term or condition.

Appears in 4 contracts

Samples: Lock Up Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Lock Up Agreement (Fredrickson Wade), Lock Up Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or condition.. THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK

Appears in 3 contracts

Samples: Management Agreement, Management Agreement (Seaspan CORP), Management Agreement (Seaspan CORP)

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Waiver. No failure by to enforce any party condition or covenant of this Agreement will imply or constitute a waiver of the right of a Party to insist upon the strict performance of any the condition or covenant, dutyor of any other provision of this Agreement, agreement nor will any waiver by either Party of any breach of any one or condition more conditions or covenants of this Agreement or to exercise any right or remedy consequent upon constitute a breach thereof shall constitute waiver of any such succeeding or other breach of any other covenant, duty, agreement or conditionunder this Agreement.

Appears in 3 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a the breach thereof thereof, shall constitute a waiver of any such breach of any other covenant, duty, agreement or conditionthis Agreement.

Appears in 3 contracts

Samples: Partner Agreement, Partner Agreement, Employment Agreement (Kyzen Corp)

Waiver. (a) No failure by any party to insist upon the strict performance of any covenant, dutyobligation, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, dutyobligation, agreement or condition.

Appears in 3 contracts

Samples: Ryman Hospitality Properties, Inc., Gladstone Commercial Corp, GLADSTONE LAND Corp

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.. Section 16.09

Appears in 3 contracts

Samples: Operating Agreement (Wolverine Partners Corp.), Limited Liability Company Agreement (Neff Corp), Joinder Agreement (Neff Corp)

Waiver. No failure by any party to insist upon the strict performance of any covenant, covenant duty, agreement Agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement Agreement or condition.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Condor Hospitality Trust, Inc.), Limited Liability Company Agreement (Condor Hospitality Trust, Inc.), Limited Liability Company Agreement (Condor Hospitality Trust, Inc.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition, regardless of how long such failure continues.

Appears in 3 contracts

Samples: Registration Rights Agreement (Repay Holdings Corp), Registration Rights Agreement (Franchise Group, Inc.), Registration Rights Agreement (Liberty Tax, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, covenant duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, covenant duty, agreement or condition.

Appears in 3 contracts

Samples: El Paso Corp/De, El Paso Energy Partners Lp, Gulfterra Energy Partners L P

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition. Any waiver must be specifically stated as such in writing.

Appears in 3 contracts

Samples: Master Management Agreement (Toro Corp.), Master Management Agreement (Castor Maritime Inc.), Master Management Agreement (Toro Corp.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 3 contracts

Samples: Tax Receivable Agreement (Bitcoin Depot Inc.), Tax Receivable Agreement (GSR II Meteora Acquisition Corp.), Tax Receivable Agreement (GSR II Meteora Acquisition Corp.)

Waiver. No failure by any party to this Agreement to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement hereof or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, agreement, term or condition shall operate as a waiver of such or any other covenant, agreement, term or condition of this Agreement. Any party to this Agreement, by notice given in accordance with Section 8.02, may, but shall not be under any obligation to, waive any of its rights or conditions to its obligations under this Agreement, or any duty, agreement obligation or condition.covenant of any other

Appears in 3 contracts

Samples: Transaction Agreement (Vivendi Universal), Transaction Agreement (Usa Networks Inc), Transaction Agreement (Usa Networks Inc)

Waiver. No failure by any party Member to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 3 contracts

Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement or conditioncondition of this Agreement, any such waiver being made only by a written instrument executed and delivered by the waiving party.

Appears in 3 contracts

Samples: Employment Agreement (Metromedia Fiber Network Inc), Employment Agreement (Metromedia Fiber Network Inc), Employment Agreement (Metromedia Fiber Network Inc)

Waiver. No failure or delay by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a any breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.,

Appears in 3 contracts

Samples: National Golf Properties Inc, National Golf Properties Inc, National Golf Properties Inc

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement term or condition of this Agreement or to exercise any a right or remedy consequent upon a breach thereof shall constitute a waiver. No waiver of any such breach shall affect or alter this Agreement, but each and every covenant, condition, and term of this Agreement shall continue in full force and effect with respect to any other covenant, duty, agreement existing or conditionsubsequent breach.

Appears in 3 contracts

Samples: Affiliation Agreement, Affiliation Agreement, Affiliation Agreement

Waiver. (a) No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 3 contracts

Samples: Agreement (STAG Industrial, Inc.), STAG Industrial, Inc., STAG Industrial, Inc.

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement Amendment, or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Tax Receivable Agreement and LLC Agreement (McAfee Corp.), Tax Receivable Agreement and LLC Agreement (McAfee Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.. SECTION 11.08

Appears in 2 contracts

Samples: Partnership Agreement (Oaktree Capital Group, LLC), Limited Partnership Agreement (Oaktree Capital Group, LLC)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition. Each Partner expressly waives any right that he might have to require a partition of any Partnership property or dissolution of the Partnership, except as otherwise provided in this Agreement.

Appears in 2 contracts

Samples: Agreement, gentrymillscapital.com

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any an such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Merry Maids Limited Partnership, ServiceMaster Consumer Services Limited Partnership

Waiver. No failure by any either party to insist upon the strict performance of any covenant, duty, agreement or term condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such or any other covenant, duty, agreement agreement, term or condition.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Usfs Hawthorne Inc), Asset Transfer Agreement (Us Franchise Systems Inc/)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall will constitute waiver of any such breach of or any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Operating Agreement (Perot Systems Corp), Operating Agreement (Perot Systems Corp)

Waiver. No failure by any party hereto or any Unitholder to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Subscription Agreement or to exercise any right or remedy consequent available upon a breach thereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term or condition.

Appears in 2 contracts

Samples: Subscription Agreement (Nugen Holdings, Inc.), Subscription Agreement (InovaChem, Inc.)

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition. No waiver shall be effective unless signed by the Party against which such waiver is sought to be enforced.

Appears in 2 contracts

Samples: Credit Agreement (GWG Holdings, Inc.), Security and Pledge Agreement (GWG Holdings, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition. Any waiver by the Company or any Member of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall only be effective if executed in writing by the party making such waiver.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Express, Inc.), Limited Liability Company Agreement (Express, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon resulting from a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or conditioncondition or any right or remedy.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Sanford Recycling & Transfer, Inc.), Sanford Recycling & Transfer, Inc.

Waiver. No failure by any party Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Implementation Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Share Exchange Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Cnet Inc /De), Limited Liability Company Agreement (NBC Internet Inc)

Waiver. No failure by Failure of any party Party to insist upon the strict performance of any covenantof the covenants, dutyterms, agreement or condition conditions of this Agreement or shall not be deemed to exercise any right or remedy consequent upon be a breach thereof shall constitute waiver of any such other breach or default in the performance of the same or any other covenant, dutyterm or condition contained in this Agreement. The waiver of any breach of this Agreement by any Party will in no event constitute a waiver of any future breach, agreement whether similar or conditiondissimilar in nature.

Appears in 2 contracts

Samples: License Agreement, Contract Manufacturing Services Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.condition.β€Œ

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Operating Agreement

Waiver. No failure by any party either Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof thereof, shall constitute a waiver of any such breach of or any other covenant, dutyagreement, agreement term or condition.

Appears in 2 contracts

Samples: Use Agreement, Right of Way Use Agreement

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition. No waiver of any provision or default under, nor consent to any exception to, the terms of this Agreement shall be effective unless in writing and signed by the party to be bound and then only to the specific purpose, extent and instance so provided.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Intuitive Machines, Inc.), Registration Rights Agreement (Inflection Point Acquisition Corp.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of such or any other covenant, dutyagreement, agreement term or condition.

Appears in 2 contracts

Samples: Stock Escrow Agreement (Sento Technical Innovations Corp), Stock Escrow Agreement (Sento Technical Innovations Corp)

Waiver. No failure by any party either Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement agreement, or condition.

Appears in 2 contracts

Samples: Sale and Purchase Agreement (Lm Funding America, Inc.), Sale and Purchase Agreement (Lm Funding America, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement hereof or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: 10312850f Deposit Agreement (Terra Nitrogen Co L P /De), Custodial Deposit Agreement (Eastern American Natural Gas Trust)

Waiver. No No, failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of or any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Agreement (CNL Income Mesa Del Sol, LLC), CNL Hospitality Properties Inc

Waiver. No failure by any party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.. 11

Appears in 2 contracts

Samples: Employment Agreement (Ezconnect Inc /Ut/), Employment Agreement (Ezconnect Inc /Ut/)

Waiver. No failure by any party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.

Appears in 2 contracts

Samples: Contribution and Exchange Agreement (Sidoti & Company, Inc.), Contribution and Exchange Agreement (Sidoti & Company, Inc.)

Waiver. No failure by any party to insist upon the strict performance of any covenant, dutyagreement, agreement term or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof hereunder shall constitute a waiver. No waiver of any such breach shall affect or alter this Agreement, but each and every covenant, condition, agreement and term of this Agreement shall continue in full force and effect with respect to any other covenant, duty, agreement existing or conditionsubsequent breach.

Appears in 2 contracts

Samples: Information Management and Operations Services Agreement (Health Systems Solutions Inc), Management and Operations Services Agreement (Health Systems Solutions Inc)

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