Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 1680 contracts
Samples: Employment Agreement (Aytu Biopharma, Inc), Employment Agreement (PepGen Inc.), Employment Agreement (MeridianLink, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 553 contracts
Samples: Employment Agreement (Thoughtful Media Group Inc.), Consulting Agreement (Worksport LTD), Employment Agreement (Concentra Group Holdings Parent, Inc.)
Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in writing and a written document signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementParty charged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachfuture breach or failure to perform or of any other right arising under this Agreement.
Appears in 76 contracts
Samples: License and Supply Agreement, Termination and Assignment Agreement, License Agreement
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 60 contracts
Samples: Employment Agreement (Roth CH Acquisition v Co.), Employment Agreement (Roth CH Acquisition v Co.), Employment Agreement (Janover Inc.)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 58 contracts
Samples: Separation Agreement (Cure Pharmaceutical Holding Corp.), Transition and Separation Agreement (Dicerna Pharmaceuticals Inc), Transition Agreement (Dicerna Pharmaceuticals Inc)
Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.
Appears in 51 contracts
Samples: Voting Agreement (Insightful Corp), Combination Agreement (Fuelcell Energy Inc), Voting Agreement (Pixelworks Inc)
Waiver. No waiver of any provision hereof of this Agreement or of the rights and obligations of the parties shall be effective unless made in writing and signed by the party waiving partycompliance. The failure of any party to require Any such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.
Appears in 43 contracts
Samples: Professional Services, Professional Services, Professional Services
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of enforce any term condition or obligation part of this Agreement, or the waiver by Agreement at any party of any breach of this Agreement, time shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of that condition or part, nor shall it forfeit any subsequent breachrights to future enforcement thereof. Any waiver hereunder shall be effective only if delivered to the other party hereto in writing by the party making such waiver.
Appears in 35 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Copyright Purchase Agreement
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any a party to require the performance of any term or obligation of this Agreement, or the waiver by any a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 35 contracts
Samples: Employment Agreement (Assembly Biosciences, Inc.), Retirement Agreement (Macerich Co), Transition and Separation Agreement and Release (Easterly Government Properties, Inc.)
Waiver. No waiver of any provision hereof of this Agreement shall be effective valid unless made in writing and signed by the waiving party. The failure of any party at any time to require the insist upon strict performance of any term condition, promise, agreement or obligation of this Agreement, or the waiver by any party of any breach of this Agreementunderstanding set forth herein, shall not prevent be construed as a waiver or relinquishment of any subsequent enforcement other condition, promise, agreement or understanding set forth herein or of the right to insist upon strict performance of such term waived condition, promise, agreement or obligation or be deemed a waiver of understanding at any subsequent breachother time.
Appears in 33 contracts
Samples: Stock Purchase Agreement (Cannapharmarx, Inc.), Stock Purchase Agreement (Cannapharmarx, Inc.), Reorganization Agreement (DLT Resolution Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 29 contracts
Samples: Employment Agreement (Intellia Therapeutics, Inc.), Change in Control Agreement (Eastern Bankshares, Inc.), Employment Agreement (Intellia Therapeutics, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 28 contracts
Samples: Employment Agreement (Old Dominion Electric Cooperative), Stock Purchase Agreement (Mac-Gray Corp), Employment Agreement (Voyager Net Inc)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any right or obligation under or breach of this Agreement, shall not prevent any subsequent enforcement of such term term, right or obligation or be deemed a waiver of any prior or subsequent breachbreach of the same obligation.
Appears in 26 contracts
Samples: Employment Agreement (First Foundation Inc.), Employment Agreement (First Foundation Inc.), Change in Control Severance Compensation Agreement (First Foundation Inc.)
Waiver. No waiver of any such provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 21 contracts
Samples: Restructuring Support and Forbearance Agreement, Executive Employment Agreement (Paycom Software, Inc.), Executive Employment Agreement (Paycom Software, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made or modification in writing and signed by the waiving party. The failure of any party to require the performance of any term whole or obligation in part of this Agreement, or the waiver by any term or condition hereof, shall be effective against any party unless in writing and duly signed by the party sought to be bound. Any waiver of any breach of this Agreement, any provision hereof or any right or power by any party on one occasion shall not prevent any subsequent enforcement be construed as a waiver of, or a bar to, the exercise of such term right or obligation power on any other occasion or be deemed as a waiver of any subsequent breach.
Appears in 18 contracts
Samples: Employment Agreement (Ingersoll Rand Co LTD), Employment Agreement (Ingersoll-Rand PLC), Employment Agreement (Ingersoll Rand Co LTD)
Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.
Appears in 17 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Waiver. No waiver of any provision hereof shall will be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 16 contracts
Samples: Executive Agreement (Guidewire Software, Inc.), Employment Agreement (Butterfly Network, Inc.), Employment Agreement (Butterfly Network, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term terms or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term terms or obligation or be deemed a waiver of any subsequent breach.
Appears in 15 contracts
Samples: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)
Waiver. No waiver of any provision hereof shall may be effective deemed to have been made unless made expressly in writing and signed by the waiving partyParty. The failure waiver by either Party of a breach or violation of any party to require the performance of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach of the same or other provision hereof. No failure by either Party to insist upon the strict performance of any provision of this Agreement may be construed as depriving that Party of the right to insist on strict performance of that provision or of any other provision in the future.
Appears in 15 contracts
Samples: Participating Physician Practice Agreement, Participating Physician Practice Agreement, Participating Physician Practice Agreement
Waiver. No Neither modification of this Agreement nor any waiver of any provision term or condition hereof shall be effective unless made it is in writing and signed by the waiving partyparties hereto. The failure of any If either party fails to require meet the performance requirements of any term or obligation of this Agreement, Agreement or the waiver by any party of waives any breach of this Agreementhereunder, shall not that failure or waiver will neither prevent any a subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.
Appears in 14 contracts
Samples: Modification Agreement of the Assignment of Intellectual Property, Patent License Agreement (Kelvin Medical, Inc.), License Agreement (Eaton Scientific Systems, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparry. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 14 contracts
Samples: Employment Agreement (AuraSound, Inc.), Employment Agreement (Universal Guardian Holdings Inc), Employment Agreement (Awesome Living, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 13 contracts
Samples: Executive Employment Agreement (Point Therapeutics Inc), Executive Employment Agreement (Point Therapeutics Inc), Executive Employment Agreement (Hob Entertainment Inc /De/)
Waiver. No Except as otherwise expressly provided in this Agreement, no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 13 contracts
Samples: Director Agreement (Smart Energy Solutions, Inc.), Director Agreement (Smart Energy Solutions, Inc.), Director Agreement (Smart Energy Solutions, Inc.)
Waiver. No waiver of any provision hereof shall of Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreementherein, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 13 contracts
Samples: Access Agreement, Access Agreement, Routine Services Agreement
Waiver. No waiver of any provision hereof term or right in this Agreement shall be effective unless made in writing and writing, signed by an authorized representative of the waiving partyParty. The failure of either Party to enforce any party to require the performance of any term or obligation provision of this AgreementAgreement shall not be construed as a waiver or modification of such provision, or the waiver by impairment of its right to enforce such provision or any party of any breach other provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachAgreement thereafter.
Appears in 13 contracts
Samples: Release of Claims (Biofrontera Inc.), Bill Negotiation Authorization & Services Agreement, Referral Agreement
Waiver. No waiver of any provision hereof shall right will be effective unless made given in writing and signed by the party waiving partyits rights. The failure of any party Failure to require the performance of enforce any term or obligation provision of this Agreement, exercise any option, or the require any performance, shall in no way be construed to be a waiver by any party of any breach such provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 12 contracts
Samples: Td Online Accounting Agreement, Terms of Use and End User License Agreement, Terms of Use and End User License Agreement
Waiver. No waiver of any provision hereof shall be of this Agreement is effective unless made in writing and signed by the waiving party, and, in the case of the Company only after the waiver has been specifically approved by the Board. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 11 contracts
Samples: Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp)
Waiver. No waiver or release of any obligation under or provision hereof of this Agreement shall be valid or effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require insist on the performance of any term obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, any provision hereof shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.
Appears in 11 contracts
Samples: Research Collaboration and License Agreement (Avidity Biosciences, Inc.), Option and License Agreement (Inhibrx, Inc.), Option and License Agreement (Inhibrx, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 18.
Appears in 10 contracts
Samples: Employment Agreement (SEMrush Holdings, Inc.), Employment Agreement (SEMrush Holdings, Inc.), Employment Agreement (SEMrush Holdings, Inc.)
Waiver. No waiver of any provision hereof of this Agreement or of any rights or obligations of either party hereunder shall be effective unless made in writing and signed by the party waiving party. The failure of compliance, and any party to require such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.
Appears in 10 contracts
Samples: Product and Services Agreement (Enova Systems Inc), Product and Services Agreement (Enova Systems Inc), Product and Services Agreement (Enova Systems Inc)
Waiver. No waiver by any party hereto of any condition or any ------ breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.
Appears in 9 contracts
Samples: Voting Agreement (Fusion Medical Technologies Inc), Voting Agreement (Netopia Inc), Stockholder Support Agreement (Palm Inc)
Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either party hereunder shall be effective unless made in writing and pursuant to a written instrument signed by the waiving party. The failure of any party to require or parties making such a waiver, and such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachspecific purpose stated therein.
Appears in 8 contracts
Samples: Employment Agreement, Employee Confidentiality/Restrictive Covenant Agreement (Ev3 Inc.), Employee Confidentiality/Restrictive Covenant Agreement (Ev3 Inc.)
Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either Party hereunder shall be effective, except pursuant to a written instrument signed by the Party waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.
Appears in 8 contracts
Samples: Email Marketing Agreement, Marketing Agreement, Marketing Agreement
Waiver. No waiver of any provision hereof shall of this Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 8 contracts
Samples: Services Agreement (Nano Nuclear Energy Inc.), Services Agreement (Nano Nuclear Energy Inc.), Services Agreement (Nano Nuclear Energy Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party to require the performance of any term or obligation of this Agreement, or the A waiver by any party a Party of any a breach of or failure to perform this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachbreach or failure.
Appears in 8 contracts
Samples: Participating Provider Agreement, Participating Provider Agreement, Participating Provider Agreement
Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.
Appears in 8 contracts
Samples: Development, Publishing and Distribution Agreement (Radview Software LTD), License and Distribution Agreement (Radview Software LTD), License, Distribution and Option Agreement (Ixia)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparty or parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 7 contracts
Samples: Employment Agreement (Value America Inc /Va), Employment Agreement (Value America Inc /Va), Employment Agreement (Value America Inc /Va)
Waiver. No waiver by either party of any provision of the requirements hereof or of any of its rights hereunder shall be effective unless made given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by either party in enforcing the waiving party. The failure of any party to require the performance of any term or obligation provisions of this Agreement, Agreement shall prejudice or restrict the rights of that party nor shall any waiver by any that party of any breach of this Agreement, shall not prevent the requirements hereof or any subsequent enforcement of such term or obligation or be deemed a waiver its rights hereunder release the other from full performance of any subsequent breachits remaining obligations stated herein.
Appears in 6 contracts
Samples: Conversion Agreement (Canargo Energy Corp), Loan Agreement (Canargo Energy Corp), Consent and Conversion Agreement (Canargo Energy Corp)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 17.
Appears in 6 contracts
Samples: Executive Employment Agreement (IZEA Worldwide, Inc.), Employment Agreement (Centessa Pharmaceuticals PLC), Employment Agreement (COMPASS Pathways PLC)
Waiver. No Except as otherwise provided in Section 7(c), no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 6 contracts
Samples: Employment Agreement (CRISPR Therapeutics AG), Employment Agreement (CRISPR Therapeutics AG), Employment Agreement (CRISPR Therapeutics AG)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 6 contracts
Samples: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Escrow Agreement, or the waiver by any party of any breach of this Escrow Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Locateplus Holdings Corp), Asset Purchase Agreement (American Real Estate Partners L P), Asset Purchase Agreement
Waiver. No waiver of any provision provisions hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 6 contracts
Samples: Employment Agreement (Dover Saddlery Inc), Employment Agreement (Dover Saddlery Inc), Employment Agreement (Dover Saddlery Inc)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The waiver of any breach of this Agreement by either party or the failure of any either party to require the performance of any term or obligation of this Agreement, in whole or the waiver by in part, in any party of any breach of this Agreement, one instance shall not constitute a waiver of or prevent any subsequent enforcement of such term or obligation in another instance or be deemed a waiver of any subsequent breach.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Chase Corp), Release Agreement (Stanhome Inc), Stock Purchase Agreement (Chase Corp)
Waiver. No waiver by any party of any provision of the provisions hereof shall be effective unless made explicitly set forth in writing and signed by the waiving partyparty so waiving. The failure of any party to require the performance of any term or obligation of this Agreement, or the No waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfailure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.
Appears in 5 contracts
Samples: Platform & Services Agreement, Platform & Services Agreement, Platform & Services Agreement
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 5 contracts
Samples: Resignation and Release Agreement (DCT Industrial Operating Partnership LP), Resignation and Release Agreement (DCT Industrial Trust Inc.), Resignation and Release Agreement (Amarin Corp Plc\uk)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party hereto to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of or non-performance under this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or non-performance.
Appears in 5 contracts
Samples: Sale Bonus Agreement (Independence Holding Co), Sale Bonus Agreement, Sale Bonus Agreement (Independence Holding Co)
Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any other or subsequent breach.
Appears in 5 contracts
Samples: Software as a Service Agreement, Terms of Service, Software as a Service Agreement
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyExecutive and such officer as may be specifically designated by the Board. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 5 contracts
Samples: Change in Control Agreement (Washington Trust Bancorp Inc), Executive Severance Agreement (Washington Trust Bancorp Inc), Change in Control Agreement (Washington Trust Bancorp Inc)
Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.
Appears in 4 contracts
Samples: Voting Agreement (Callon Petroleum Co), Voting Agreement (Jagged Peak, Inc.), Voting Agreement (Maxtor Corp)
Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the party waiving partysuch condition or breach. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement. Any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
Appears in 4 contracts
Samples: Voting Agreement (Exar Corp), Voting Agreement (Exar Corp), Voting Agreement (Sipex Corp)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 4 contracts
Samples: Employment Agreement (Dynatronics Corp), Employment Agreement (Dynatronics Corp), Confidentiality Agreement (Dynatronics Corp)
Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the Party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.
Appears in 4 contracts
Samples: Master Reseller Agreement, Master Reseller Agreement, Master Reseller Agreement
Waiver. The failure of either Party to exercise any right conveyed hereunder shall not act as a waiver of that right. No waiver of any provision hereof shall be effective unless made in writing and signed by an authorized officer of the waiving partyParty charged with the waiver. The failure No waiver or breach of any party to require the performance of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed construed to be a waiver of any subsequent breachbreach of the same or any other provision.
Appears in 4 contracts
Samples: Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc), Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc), Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementAgreement (including any of the Continuing Obligations), or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 4 contracts
Samples: Transitional Services and Separation Agreement (Irobot Corp), Transitional Services and Separation Agreement (Irobot Corp), Transitional Services and Separation Agreement (Irobot Corp)
Waiver. No waiver of any provision hereof shall All waivers hereunder must be effective unless made in writing writing, and signed by the waiving party. The failure of any party at any time to require the another party's performance of any term obligation under this Agreement shall not affect, limit or waive a party's right at any time to require strict performance of that obligation of this Agreement, or the thereafter. Any waiver by any party of any breach of any provision of this Agreement, Agreement shall not prevent be construed in any subsequent enforcement of such term or obligation or be deemed way as a waiver of any subsequent breachcontinuing or succeeding breach of such provision or waiver or modification of the provision.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Newport Corp), Stock Purchase Agreement (Micro General Corp), Stock Purchase Agreement (Micro General Corp)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreementletter agreement, or the waiver by any party of any breach of this Agreementletter agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 4 contracts
Samples: Stay Bonus Agreement (Monarch Dental Corp), Stay Bonus Agreement (Monarch Dental Corp), Stay Bonus Agreement (Monarch Dental Corp)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 16.
Appears in 4 contracts
Samples: Employment Agreement (Xeris Biopharma Holdings, Inc.), Employment Agreement (SpringWorks Therapeutics, Inc.), Employment Agreement (Carbon Black, Inc.)
Waiver. No waiver of any provision hereof shall will be effective unless made documented in a writing and signed by an authorized representative of the waiving partyparty against which enforcement of the waiver is sought. The failure of any either party to require the insist upon strict performance of any term of the terms or obligation provisions of this the Agreement, or the waiver by any party exercise of any breach of this Agreementoption, right or remedy contained herein, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfuture application of such term, provision, option, right or remedy, and such term, provision, option, right or remedy shall continue and remain in full force and effect.
Appears in 4 contracts
Samples: Agreement for Disaster Recovery Facility Hosting, Master Services Agreement, Master Services Agreement
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 3 contracts
Samples: Revenue Sharing Agreement, Grant Agreement, Grant Agreement
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach..
Appears in 3 contracts
Samples: Employment Agreement (MariaDB PLC), Employment Agreement (Rezolute, Inc.), Executive Employment Agreement (NRX Pharmaceuticals, Inc.)
Waiver. No waiver of a breach of any provision hereof shall be of this Agreement is effective unless made approved in writing and signed by the waiving party. The failure If a party at any time fails to demand strict performance by the other of any party to require of the performance of any term terms, covenants or obligation of conditions set forth in this Agreement, or the that waiver by any party of any breach of this Agreement, shall does not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any prior, concurrent, or subsequent breachbreach of the same or any other provision of this Agreement.
Appears in 3 contracts
Samples: License Agreement, License Agreement, Corporate Sponsorship Agreement (Torvec Inc)
Waiver. a. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 3 contracts
Samples: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement
Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 3 contracts
Samples: Employment Agreement (International Wireless Inc), Employment Agreement (International Wireless Inc), Non Competition Agreement (Nxtrend Technology Inc)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by both of the waiving partyparties hereto. The failure waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by either party to require the performance of exercise any term right or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, privilege hereunder shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent breachtime or times hereunder.
Appears in 3 contracts
Samples: License Agreement (DMRC Corp), License Agreement (Digimarc CORP), License Agreement (DMRC Corp)
Waiver. No waiver of any provision hereof shall be effective unless ------- made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 3 contracts
Samples: Change in Control Protection Agreement (Cooperative Bankshares Inc), Change in Control Protection Agreement (Cooperative Bankshares Inc), Change in Control Protection Agreement (Cooperative Bankshares Inc)
Waiver. No Any failure of either Party to enforce any provision hereof shall not constitute a waiver by that Party of its right subsequently to enforce the same or any other provision hereof. The waiver of any provision hereof of this Agreement shall only be effective unless made if in writing and signed by the waiving party. The failure of any party Party claimed to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of have waived such term or obligation or be deemed a waiver of any subsequent breachprovision.
Appears in 3 contracts
Samples: Sublicense and Research Agreement (Xenon Pharmaceuticals Inc.), Commercialization Agreement (uniQure B.V.), Commercialization Agreement (uniQure B.V.)
Waiver. No waiver of any provision hereof of this Agreement or of any rights or obligations of either party hereunder shall be effective unless made in writing and signed by the party waiving partycompliance. The failure Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing; no such waiver shall affect or impair the right of any the waiving party to require the observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachcondition.
Appears in 3 contracts
Samples: Master Distributor Agreement (Poly Shield Technologies Inc.), Collaboration Agreement (Poly Shield Technologies Inc.), Collaboration Agreement (Transact Energy Corp)
Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.
Appears in 3 contracts
Samples: Software Evaluation Agreement, Software Evaluation Agreement, Software Evaluation Agreement
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 3 contracts
Samples: Employment Agreement (Unifirst Corp), Employment Agreement (Unifirst Corp), Employment Agreement (Unifirst Corp)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party part to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 3 contracts
Samples: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)
Waiver. No The waiver by either party of a breach of any provision hereof contained herein shall not be effective unless made in writing and signed by on behalf of the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or against whom the waiver by any party of any breach of this Agreement, is asserted. Any waiver shall not prevent any subsequent enforcement of such term or obligation or in no way be deemed construed as a waiver of any subsequent breachsucceeding breach of such provision or the waiver of the provision itself.
Appears in 3 contracts
Samples: Concession and Lease Agreement, Concession and Lease Agreement, Independent Contractor Services Agreement (Triad Park LLC)
Waiver. No waiver Waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 3 contracts
Samples: Severance Agreement, Senior Executive Severance Agreement (Gables Residential Trust), Senior Executive Severance Agreement (Gables Residential Trust)
Waiver. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or of any breach of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.
Appears in 2 contracts
Samples: Research Collaboration and License Agreement (Five Prime Therapeutics Inc), Research Collaboration and License Agreement (Five Prime Therapeutics Inc)
Waiver. No waiver by any party of any provision hereof shall will be effective unless made explicitly set forth in writing and signed by the waiving partyparty so waiving. The failure of any party to require the performance of any term or obligation of this Agreement, or the No waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation will operate or be deemed construed as a continuing waiver and no failure or delay in exercising any right, remedy, power or privilege shall preclude any further exercise of any subsequent breachsaid right, remedy, power, or privilege.
Appears in 2 contracts
Samples: Terms of Use Agreement, Terms of Use Agreement
Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Executive Employment Agreement (Einstein Noah Bagel Corp), Executive Employment Agreement (Einstein Noah Bagel Corp)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementPlan, or the waiver by any party of any breach of this AgreementPlan, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Employment Agreement (Repligen Corp), Separation Agreement and Release (Insulet Corp)
Waiver. No waiver or release of any obligation under or provision hereof of this Agreement shall be valid or effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require insist on the performance of any term obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, any provision hereof shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.
Appears in 2 contracts
Samples: Exclusive Product License Agreement (Coherus BioSciences, Inc.), Exclusive Product License Agreement (Surface Oncology, Inc.)
Waiver. No waiver of any provision hereof term or condition of the Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent against whom enforcement of such term or obligation or waiver is sought, and no written waiver shall be deemed or construed to be a waiver of any future or subsequent breachbreach of the term or condition so waived. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Pennymac Financial Services, Inc.), Mortgage Loan Purchase Agreement (PennyMac Mortgage Investment Trust)
Waiver. No waiver or modification of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Employment Agreement (Stocker & Yale Inc), Employment Agreement (Stocker & Yale Inc)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Separation Agreement (Farmer Brothers Co), Resignation Agreement (Farmer Brothers Co)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of or any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Executive Employment Agreement (United Bankshares Inc/Wv), Executive Employment Agreement (United Bankshares Inc/Wv)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Employment Agreement (BKF Capital Group Inc), Employment Agreement (BKF Capital Group Inc)
Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and is signed by the waiving partyparty asserted to have granted such waiver. The Neither the failure nor any delay on the part of a party to exercise any right, power or remedy under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any party to require right, power or remedy preclude any other or further exercise of the performance same or of any term other right, power or obligation remedy, nor shall any waiver of this Agreement, or the waiver by any party of accountability with respect to any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or provision be deemed as a waiver of the accountability with respect to the breach of such provision thereof and any subsequent breachother provision.
Appears in 2 contracts
Samples: Equipment Purchase Contract (China XD Plastics Co LTD), Equipment Purchase Contract (China XD Plastics Co LTD)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ACTIVE/91802714.1
Appears in 2 contracts
Samples: Change in Control Agreement (Alnylam Pharmaceuticals, Inc.), Change in Control Agreement (Alnylam Pharmaceuticals, Inc.)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The waiver of any breach of this Agreement by either party or the failure of any either party to require the performance of any term or obligation of this Agreement, in whole or the waiver by in part, in any party of any breach of this Agreementone instance, shall not constitute a waiver of or prevent any subsequent enforcement of such term or obligation in another instance or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Severance Agreement (Enesco Group Inc), Release Agreement (Enesco Group Inc)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach..
Appears in 2 contracts
Samples: Employment Agreement (HOOKIPA Pharma Inc.), Employment Agreement (Aytu Biopharma, Inc)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Stock Transfer and Option Agreement (Emcare Holdings Inc), Stock Transfer and Option Agreement (Emcare Holdings Inc)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed assigned by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Employment Agreement (Littelfuse Inc /De), Employment Agreement (Littelfuse Inc /De)
Waiver. No waiver of any provision hereof obligation by any party hereto under this Agreement shall be effective unless made in writing and signed writing, specifying such waiver, executed by the waiving partyparty making such waiver. The failure of any by either party to require enforce at any time or for any period any one or more of the performance terms or conditions of this Agreement shall not be a waiver of them or of the right at any term or obligation time subsequently to enforce all terms and conditions of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Exclusive Distribution Agreement (Zoo Entertainment, Inc), Exclusive Distribution Agreement (Zoo Entertainment, Inc)
Waiver. No waiver of any provision hereof provisions of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent or serve as a defense to any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Executive Retention and Severance Benefits Agreement (Eastern Bankshares, Inc.), Executive Severance Benefits Agreement (Eastern Bankshares, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 14.
Appears in 2 contracts
Samples: Employment Agreement (Crown Electrokinetics Corp.), Severance and Change in Control Agreement
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Transition Agreement, or the waiver by any party of any breach of this Transition Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Transition Agreement, Transition Agreement (Ansys Inc)
Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in a writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Employment Agreement (Merchants Bancshares Inc), Employment Agreement (Merchants Bancshares Inc)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 15.
Appears in 2 contracts
Samples: Employment Agreement (Phreesia, Inc.), Employment Agreement (Phreesia, Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this AgreementRelease, or the waiver by any party either Party of any breach of this AgreementRelease, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Separation & Release Agreement (Forestar Group Inc.), Change in Control/Severance Agreement (Forestar Group Inc.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by an authorized representative of the waiving partyparty making such waiver. The No failure of any or successive failure by either party to require the performance of enforce any term covenant or obligation of this Agreementagreement, and no waiver or the waiver successive waivers by any either party of any breach condition of this Agreementagreement, shall not prevent any subsequent enforcement operate as a discharge of such term covenant, agreement or obligation conditions, or be deemed a waiver render the same invalid or impair either parties right to enforce the same in the event of any subsequent breachbreach by the other party.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 12.
Appears in 2 contracts
Samples: Employment Agreement (Carnegie Group Inc), Employment Agreement (Logica PLC / Eng)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party xxxxx of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Appears in 2 contracts
Samples: Employment Agreement (Pasithea Therapeutics Corp.), Employment Agreement (180 Life Sciences Corp.)
Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.the
Appears in 2 contracts
Samples: Employment Agreement (Optimark Technologies Inc), Employment Agreement (Optimark Technologies Inc)