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 1148 contracts
Samples: Limited Liability Company Agreement (Whimsy Properties LLC), Limited Liability Company Agreement (Viper Energy, Inc.), Limited Liability Company Agreement (Arrived Homes 5, 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 waiver of any such breach of or any other covenant, duty, agreement or condition.
Appears in 614 contracts
Samples: Agreement of Limited Partnership (FrontView REIT, Inc.), Agreement of Limited Partnership (FrontView REIT, Inc.), Limited Partnership Agreement (HappyNest REIT, 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 404 contracts
Samples: Limited Liability Company Agreement (Nexpoint Diversified Real Estate Trust), Operating Agreement (OneStream, Inc.), Operating Agreement (OneStream, 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 119 contracts
Samples: Agreement of Limited Partnership (Steadfast Apartment REIT, Inc.), Limited Partnership Agreement (Digital Realty Trust, L.P.), Limited Liability Company Agreement (Brookfield DTLA Fund Office Trust Investor 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 74 contracts
Samples: Exchange and Settlement Agreement (American Rebel Holdings Inc), Asset Sale Agreement (Data443 Risk Mitigation, Inc.), Conversion 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 66 contracts
Samples: Tax Receivable Agreement (QualTek Services Inc.), Tax Receivable Agreement (System1, Inc.), Tax Receivable Agreement (Sky Harbour Group Corp)
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 55 contracts
Samples: Stock Purchase Agreement (Alset Inc.), Stock Purchase Agreement (HWH International Inc.), Securities Purchase Agreement (Dss, Inc.)
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 38 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 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/), Limited Partnership Agreement (Seritage Growth Properties), Limited Partnership Agreement (MGM Growth Properties Operating Partnership 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 hereof shall constitute a waiver of any such breach or of any other covenant, dutyagreement, agreement term, or condition.
Appears in 35 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 24 contracts
Samples: Omnibus Agreement, Omnibus Agreement (Seaspan CORP), Limited Partnership 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 21 contracts
Samples: Limited Partnership Agreement (K-Sea Tranportation Partners Lp), Limited Partnership Agreement (Crosstex Energy Lp), Limited Partnership Agreement (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 20 contracts
Samples: Vessel Management Agreement, Financial Services Agreement (Seaspan CORP), Management Agreement
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 17 contracts
Samples: Limited Partnership Agreement (American Healthcare REIT, Inc.), Limited Partnership Agreement (Griffin-American Healthcare REIT IV, Inc.), Agreement of Limited Partnership (Griffin-American Healthcare REIT IV, Inc.)
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 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: Limited Partnership Agreement (DCP Midstream, LP), Limited Partnership 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 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 12 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 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: Limited Partnership Agreement (GPB Holdings II, LP), Limited Partnership Agreement (GPB Automotive Portfolio, LP), 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 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 10 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
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 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: Limited Partnership Agreement (Lepercq Corporate Income Fund L P), Limited Partnership Agreement (Lexington Realty Trust), Merger Agreement (Lexington Realty Trust)
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 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: Limited Liability Company Agreement (Amneal Pharmaceuticals, Inc.), Merger 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 a waiver of any such breach of any other covenant, duty, agreement or condition.
Appears in 8 contracts
Samples: Agreement of Limited Partnership (Enbridge Energy Partners Lp), Limited Partnership Agreement (Enbridge Energy Partners Lp), Limited Partnership 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: Agreement of Limited Partnership (Tc Pipelines Lp), Limited Partnership Agreement (Tc Pipelines Lp), Agreement of Limited Partnership (Tc Pipelines 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 any other covenant, duty, agreement agreement, or condition.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Fundrise Growth Tech Fund, LLC), Limited Liability Company Agreement (OneDoor Studios Entertainment Properties LLC), Operating Agreement (EnLink Midstream, 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 waiver of any such breach of or any other covenant, duty, agreement or condition.
Appears in 6 contracts
Samples: Agreement of Limited Partnership (Cabot Industrial Trust), Limited Partnership Agreement (Cabot Industrial Properties Lp), Limited Partnership Agreement (Cabot Industrial Properties Lp)
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 6 contracts
Samples: Consulting Agreement (Eco Science Solutions, Inc.), Employment Agreement (Sterling Mining CO), Employment Agreement (Q Comm International 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 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 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: Acquisition or Disposition of Assets, Second Amended and Restated Agreement of Limited Partnership (Gulfterra Energy Partners L P), Amendment to the Amended and Restated Agreement of Limited Partnership (Leviathan Gas Pipeline Partners L P)
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), Operating Agreement
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: Agreement of Limited Partnership (Royal Hawaiian Orchards, L.P.), Agreement of Limited Partnership (Royal Hawaiian Orchards, L.P.), Limited Partnership Agreement (Rainbow Casino-Vicksburg Partnership, L.P.)
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: Limited Partnership Agreement (Eme Homer City Generation Lp), Limited Partnership Agreement (Eme Homer City Generation Lp), Limited Partnership Agreement (Edison Mission Finance Co)
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 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: Limited Partnership Agreement (CNL Hospitality Properties Inc), Limited Partnership Agreement (CNL Health Care Properties Inc), Limited Partnership Agreement (CNL Hospitality 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 shall constitute waiver of any such breach of any other covenant, duty, agreement or condition.
Appears in 5 contracts
Samples: Omnibus Agreement (BreitBurn Energy Partners L.P.), Omnibus Agreement (BreitBurn Energy Partners L.P.), Omnibus Agreement (BreitBurn Energy Partners L.P.)
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 a waiver of any such breach obligation, right, or remedy or of any other covenantobligations, dutyrights, agreement or conditionremedies under this Agreement.
Appears in 4 contracts
Samples: Tax Sharing Agreement (Fluor Corp), Tax Sharing Agreement (Fluor Corp), Tax Sharing Agreement (Massey Energy Co)
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 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: Limited Partnership Agreement (Mid-Con Energy Partners, LP), Limited Partnership Agreement (LRR Energy, L.P.), Limited Partnership Agreement (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 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), Additional Capital Contribution Agreement (Maxwell Shoe Co Inc), Non Compete Agreement (Maxwell Shoe Co Inc)
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 (Tri-Isthmus Group, 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 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 Operating 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 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 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: Limited Partnership Agreement (Young Touchstone Co), 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 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 (LSB Industries Inc), Note Purchase Agreement (Pilgrims Pride Corp)
Waiver. No failure by any party the Sole 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 any other covenant, duty, agreement or condition.
Appears in 4 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (8point3 Energy Partners LP), Limited Liability Company Agreement (8point3 Energy Partners LP)
Waiver. No Any failure by any a party to insist upon the strict performance of any covenant, duty, agreement covenant or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach thereof shall of any such covenant or condition, does not constitute waiver of any such covenant or condition or any breach of thereof. A party will not be deemed to have waived any other covenantright or remedy under this Agreement unless that party has signed a written document to that effect, duty, agreement or conditionand any such waiver is applicable only with respect to the specific provision and instance for which it is given.
Appears in 4 contracts
Samples: Limited Offering Memorandum (HappyNest REIT, Inc.), Limited Liability Company Agreement (Martin Midstream Partners Lp), Limited Liability Company Agreement (Martin Midstream 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 breach of or any other covenant, duty, agreement or condition.
Appears in 4 contracts
Samples: General Partnership Agreement (Coso Power Developers), Operating Agreement (Demattos Carlos D), General Partnership Agreement (Coso Power Developers)
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 Klamath Falls 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), Limited Partnership Agreement (Walden Residential Properties Inc)
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 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 3 contracts
Samples: Tax Sharing Agreement (Valero Energy Corp), Tax Sharing Agreement (Pg&e Corp), Tax Sharing Agreement (Valero Refining & Marketing Co)
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: Reseller and Partner Agreement, Reseller Agreement, Employment Agreement (Kyzen 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. 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 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: Limited Partnership Agreement (National Golf Properties Inc), Agreement of Limited Partnership (National Golf Properties Inc), Agreement of Limited Partnership (National Golf 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 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 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 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 (Usa Networks Inc), Transaction Agreement (Usa Networks Inc), Transaction Agreement (Vivendi Universal)
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 3 contracts
Samples: Master Combination Agreement (NorthStar Real Estate Income II, Inc.), Limited Liability Company Agreement (Hcp, Inc.), Limited Liability Company Agreement (Health Care Property Investors 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 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 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: Limited Partnership Agreement (El Paso Energy Partners Lp), Limited Partnership Agreement (El Paso Corp/De), Limited Partnership Agreement (Gulfterra Energy Partners L P)
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. 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 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: Limited Partnership Agreement (CNL Income Mesa Del Sol, LLC), Limited Partnership Agreement (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 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 Amendment (McAfee Corp.), Tax Receivable Agreement and LLC Agreement Amendment (McAfee Corp.)
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 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.), Limited Partnership Agreement (Sanford Recycling & Transfer, 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 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 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 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 covenantobligations, dutyrights, agreement or conditionremedies under this Agreement.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Propel Inc), Tax Allocation and Sharing Agreement (Next Level Communications 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.condition.β
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: Right of Way 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.), Business Combination Agreement (Inflection Point Acquisition Corp.)
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), Implementation Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Waiver. No failure by any party a 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 Agreement, shall constitute a waiver of any such breach of such covenant, agreement, term or condition. Any Party may waive compliance by the other Party with any of the provisions of this Agreement if done so in writing. No waiver of any provision shall be construed as a waiver of any other covenant, duty, agreement provision or conditionany subsequent waiver of the same provision.
Appears in 2 contracts
Samples: School Staffing Agreement, School Staffing Agreement
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 (NBC Internet Inc), Limited Liability Company Agreement (Cnet 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 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 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: Purchase and Sale Agreement (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, 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), Information Management and Operations Services Agreement (Health Systems Solutions Inc)
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, 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.. AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP
Appears in 2 contracts
Samples: Limited Partnership Agreement (BP Midstream Partners LP), Limited Partnership Agreement (Oasis Midstream Partners LP)
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: Deposit Agreement (Terra Nitrogen Co L P /De), Custodial Deposit Agreement (Eastern American Natural Gas Trust)
Waiver. No failure by any party to insist upon on the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement the 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 2 contracts
Samples: Consulting Agreement (Nu-Med Plus, Inc.), Consulting Agreement (Rubicon Medical 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 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: Limited Partnership Agreement, Limited Partnership Agreement
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 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: Amendment No. 7 to the Amended and Restated Agreement of Limited Partnership (Merry Maids Limited Partnership), Agreement of Limited Partnership (ServiceMaster Consumer Services Limited 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 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 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 2 contracts
Samples: Fellow Training Agreement, Resident Training Agreement
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.), Subordination Agreement (GWG Holdings, 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. No provision of this Amendment may be waived unless such waiver is in writing and signed by the person against whom the waiver is to be effective.
Appears in 1 contract
Samples: Tax Receivable Agreement (Shoals Technologies Group, 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.. 83 16.7
Appears in 1 contract
Samples: Limited Partnership Agreement
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. The waiver by any party of a breach of or a default under any covenant, duty, agreement, or condition of this Agreement shall not be effective unless in writing.
Appears in 1 contract
Samples: Operating 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.. 44
Appears in 1 contract
Samples: Operating Agreement