Common use of Waiver Clause in Contracts

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 950 contracts

Samples: Accounting Services Agreement (Federated Hermes ETF Trust), Accounting Services Agreement (Federated Hermes Total Return Government Bond Fund), Accounting Services Agreement (Federated Hermes High Yield Trust)

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Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 248 contracts

Samples: Form of Stock Option Agreement (Rush Enterprises Inc \Tx\), Change in Control Severance Agreement (Brinker International, Inc), Employment Agreement (Destination Xl Group, Inc.)

Waiver. The failure of a party to this Agreement to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers in respect of a Default must be in writing signed by the waiving partywriting.

Appears in 94 contracts

Samples: Master Securities Lending Agreement, Master Securities Lending Agreement, Master Securities Lending Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that the term or of any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 54 contracts

Samples: Agency and Services Agreement (Perpetual Americas Funds Trust), And Accounting Services Agreement (Boston Trust Walden Funds), Custody Agreement (Boston Trust Walden Funds)

Waiver. The failure of a either party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 43 contracts

Samples: Executive Employment Agreement, Executive Employment Agreement, Executive Employment Agreement (21st Century Oncology Holdings, Inc.)

Waiver. The failure of a either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers in respect of a Default must be in writing signed by the waiving partywriting.

Appears in 35 contracts

Samples: Securities Loan Agreement (Allspring Master Trust), Securities Loan Agreement (Allspring Variable Trust), Securities Loan Agreement (Allspring Funds Trust)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 27 contracts

Samples: Trust Fund/Serv Agreement (JPMorgan Trust IV), Trust Fund/Serv Agreement (Jp Morgan Mutual Fund Investment Trust), Trust Fund/Serv Agreement (JPMorgan Trust I)

Waiver. The failure Failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it waiver, or deprive such that party of the right thereafter to insist upon strict adherence to that term term, or any term other term, of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 22 contracts

Samples: Employment Contract, Employment Contract, Employment Contract

Waiver. The failure of a party to this Agreement to insist on any occasion upon strict adherence to any term of this Agreement on any occasion shall not be considered to be a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 21 contracts

Samples: Employment Agreement (Inergetics Inc), Employment Agreement (Inergetics Inc), Employment Agreement (Global Defense Technology & Systems, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall will not be considered a waiver nor shall will it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 19 contracts

Samples: Agreement (Massachusetts Mutual Variable Life Separate Account I), Electronic Trading Agreement (Mutual of America Separate Account No 2), Settlement Agreement (MEMBERS Horizon Variable Separate Account)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 15 contracts

Samples: Fund/Serv Agreement (List Income Opportunities Fund), Fund/Serv Agreement (ALPS Series Trust), Fund/Serv Agreement (MEMBERS Horizon Variable Separate Account)

Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver The Parties agree that all waivers in respect of an Event of Default must be in writing signed by the waiving partywriting.

Appears in 15 contracts

Samples: Lending and Services Agreement, Lending and Services Agreement (Highland Global Allocation Fund), Lending and Services Agreement (Highland Global Allocation Fund)

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 14 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD), Employment Agreement

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in a writing signed by the waiving partyparty to be charged with such waiver.

Appears in 13 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 11 contracts

Samples: Administration Agreement (Calamos ETF Trust), Administration Agreement (Calamos Antetokounmpo Sustainable Equities Trust), Administration Agreement (Calamos Global Convertible & Dynamic Income Trust)

Waiver. The A party’s failure of a party to insist upon strict adherence to compliance with any term provision of this Agreement on or the failure to assert any occasion right such party may have hereunder shall not be considered deemed a waiver nor shall it deprive of such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any , and no such waiver must shall be in writing effective unless by written instrument signed by the waiving partyparty granting the waiver.

Appears in 11 contracts

Samples: Employment Agreement (Epr Properties), Employment Agreement (Epr Properties), Employment Agreement (Epr Properties)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any The waiver must by any party hereto of a breach of any provision of this Agreement shall neither operate nor be construed as a general waiver or as a specific waiver of any subsequent breach by any party, unless otherwise expressly provided in writing signed by the waiving partysuch waiver.

Appears in 11 contracts

Samples: Employment Agreement (Waste Services, Inc.), Waste Services (Waste Services, Inc.), Employment Agreement (Waste Services, Inc.)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other vision of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 10 contracts

Samples: Networking Agreement (Clough Funds Trust), Trust Networking Agreement (GMO Series Trust), Networking Agreement (ALPS Series Trust)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 10 contracts

Samples: Trust Networking Agreement (List Income Opportunities Fund), Trust Networking Agreement (ALPS Series Trust), Trust Networking Agreement (Financial Investors Trust)

Waiver. The failure of a any party to insist upon the strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be The parties may agree to waive all or a portion of any provision in this Agreement, including any notice period, by a writing signed by the waiving party.

Appears in 10 contracts

Samples: Accounting and Administration Agreement (Guggenheim Strategic Opportunities Fund), Services Agreement (Institutional Investment Strategy Fund), Administration Agreement (Guggenheim Funds Trust)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 10 contracts

Samples: Investment Accounting Agreement (Tiaa-Cref Life Separate Account Vli-1), Investment Accounting Agreement (Tiaa Cref Life Separate Account Va-1), Investment Accounting Agreement (Tiaa Cref Life Fund)

Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on any occasion shall will not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of the waiving partyParty to be bound.

Appears in 8 contracts

Samples: Vsa Online, Enrollment Agreement, Vsa Online

Waiver. The failure of a either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be made in writing signed by the waiving partywriting.

Appears in 6 contracts

Samples: Supplier Agreement, Supplier Agreement (Foxhollow Technologies, Inc.), Amended Supplier Agreement (Foxhollow Technologies, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 6 contracts

Samples: Combined Administration Agreement (Munder Series Trust), Administration Agreement (Munder Framlington Funds Trust), Combined Administration Agreement (Munder at Vantage Fund)

Waiver. The failure of a party to insist upon strict adherence to ------ any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 6 contracts

Samples: Administration Agreement Uam Funds Trust (Uam Funds Trust), Fund Administration Agreement (Uam Funds Inc), Fund Administration Agreement (Pra Securities Trust /)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party thereafter of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers must be in writing and signed by an authorized representative of the waiving partyparty against which such waiver is being sought.

Appears in 6 contracts

Samples: Development and Exclusive License Agreement (Zenosense, Inc.), Exclusive License Agreement (Insite Vision Inc), Exclusive License Agreement (Cotherix Inc)

Waiver. The failure of a either party hereto to insist upon the strict adherence to any term of this Agreement on any occasion shall not be considered as a waiver of any right hereunder nor shall it deprive such that party of the right thereafter to insist upon the strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partyAgreement at some other time.

Appears in 5 contracts

Samples: www.sartorius.com, www.sartorius.com, www.helinks.com

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 5 contracts

Samples: Employment Agreement (Penn Traffic Co), Employment Agreement (Penn Traffic Co), Employment Agreement (Penn Traffic Co)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such the party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 5 contracts

Samples: Transfer Agency Agreement (Us Global Investors Funds), Transfer Agency Agreement (Us Global Investors Funds), Transfer Agency Agreement (U S Global Investors Inc)

Waiver. The failure of a one party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it deprive such that party of the right thereafter to insist upon strict later on adherence to that term or any term of this Agreementthereto. Any waiver must be in writing and signed by an authorized representative of the waiving party.

Appears in 5 contracts

Samples: E Business Hosting Agreement (SuccessFactors, Inc.), E Business Hosting Agreement (Udate Com Inc), Hosting Agreement (Quantum Group Inc /Fl)

Waiver. The failure of a party any Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of any right hereunder, nor shall it deprive such party that Party of the right thereafter to insist upon the strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 5 contracts

Samples: Purchase Agreement, Purchase Agreement (Mandalay Digital Group, Inc.), Share Purchase Agreement (SCM Microsystems Inc)

Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party thereafter of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers must be in writing and signed by an authorized representative of the waiving partyParty against which such waiver is being sought.

Appears in 5 contracts

Samples: Agreement (Nanosys Inc), Agreement (Nanosys Inc), Agreement (Nanosys Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that such term or any other term of this Agreement. Any waiver waiver, permit, consent or approval of any kind or character must be in writing writing, signed by a senior officer of the waiving partyapplicable Party and shall be effective only to the extent specifically set forth therein.

Appears in 4 contracts

Samples: Distribution Agreement (Audiovox Corp), Manufacturing and Distribution Agreement (Directed Electronics, Inc.), Manufacturing and Distribution Agreement (Directed Electronics, Inc.)

Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive of such party of the party’s right thereafter to insist upon strict adherence to that term such provision thereafter or to any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom such waiver is sought to be enforced.

Appears in 4 contracts

Samples: Trademark License Agreement (Smith & Wesson Brands, Inc.), Trademark License Agreement (American Outdoor Brands, Inc.), Trademark License Agreement (American Outdoor Brands, Inc.)

Waiver. The failure of a party to insist upon strict adherence ------ to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 4 contracts

Samples: Mutual Fund Services Agreement (Ccmi Funds), Mutual Fund Services Agreement (Weldon Capital Funds Inc), Mutual Fund Services Agreement (Ameriprime Funds)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of any right hereunder, nor shall it deprive such that party of the right thereafter to insist upon the strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 4 contracts

Samples: Share Purchase Agreement (Private Media Group Inc), Purchase Agreement (Private Media Group Inc), Share Purchase Agreement (Private Media Group Inc)

Waiver. The failure of a party to this Agreement to exercise any right granted or insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to exercise such right, or any other right or insist upon strict adherence to that term or any other term of this Agreement. Any waiver All waivers in respect of a Default must be in writing signed by the waiving partywriting.

Appears in 4 contracts

Samples: Securities Loan Agreement (UTi WORLDWIDE INC), Securities Loan Agreement (UTi WORLDWIDE INC), Securities Loan Agreement (UTi WORLDWIDE INC)

Waiver. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to enforce that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 3 contracts

Samples: Consulting Agreement (ExamWorks Group, Inc.), Services and Support Agreement (ExamWorks Group, Inc.), Consulting Agreement (ExamWorks Group, Inc.)

Waiver. The failure of a either party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 3 contracts

Samples: Muni Ci Pal Access Agreement, owensound.civicweb.net, Municipal Access Agreement

Waiver. The failure of a party Party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of any provision of this Agreement must be in writing a written instrument signed and delivered by the Party waiving partythe provision.

Appears in 3 contracts

Samples: Separation and Release Agreement (Cyalume Technologies Holdings, Inc.), Separation and Release Agreement (Cyalume Technologies Holdings, Inc.), Separation Agreement and Release of Claims (Kona Grill Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.Party. Information Classification: Limited Access

Appears in 3 contracts

Samples: Administration Agreement (Calamos Global Dynamic Income Fund), Administration Agreement (Calamos Dynamic Convertible & Income Fund), Administration Agreement (Calamos Strategic Total Return Fund)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party that Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the waiving partyParty making the waiver.

Appears in 3 contracts

Samples: License Agreement (Unigene Laboratories Inc), License Agreement (Unigene Laboratories Inc), License Agreement (Unigene Laboratories Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partyParty.

Appears in 3 contracts

Samples: Agreement, bcdc.ca.gov, rbra.ca.gov

Waiver. The A party's failure of a party to insist upon strict adherence to compliance with any term provision of this Agreement on or the failure to assert any occasion right such party may have hereunder shall not be considered deemed a waiver nor shall it deprive of such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any , and no such waiver must shall be in writing effective unless by written instrument signed by the waiving partyparty granting the waiver.

Appears in 3 contracts

Samples: Employment Agreement (Epr Properties), Employment Agreement (Entertainment Properties Trust), Employment Agreement (Entertainment Properties Trust)

Waiver. 14.1 The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the waiving partyparty making the waiver.

Appears in 2 contracts

Samples: Consignment Stock Agreement, Consignment Stock Agreement

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of any right hereunder, nor shall it deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be made in writing signed by the waiving partywriting.

Appears in 2 contracts

Samples: Pre Annexation Agreement, Pre Annexation Agreement

Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term such provision or any term other provision of this Agreement. Any No purported waiver must shall be effective as against any party unless consented to in writing signed by the waiving such party. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Networking Agreement (Massachusetts Mutual Variable Life Separate Account I), Networking Agreement (Massachusetts Mutual Variable Life Separate Account I)

Waiver. The failure of a party any Party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any To be in force and enforceable, any waiver must be in writing and must be signed by the waiving partyboth Parties.

Appears in 2 contracts

Samples: Purpose of Agreement, Purpose of Agreement

Waiver. The failure of a party of this Agreement to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing and signed by the waiving partyParty.

Appears in 2 contracts

Samples: Serv and Networking Agreement (Principal Life Insurance Co Separate Account B), Serv and Networking Agreement (Principal Life Insurance Co Separate Account B)

Waiver. The failure of a party to insist upon strict ------ adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Mutual Fund Services Agreement (Runkel Funds), Mutual Fund Services Agreement (Wallace Funds)

Waiver. 14.1 The failure of a party to insist upon strict adherence to any toany term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the waiving partyparty making the waiver.

Appears in 2 contracts

Samples: Consignment Stock Agreement, Consignment Stock Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it of that or any other term hereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and be signed by the waiving partyparty against whom the waiver is asserted.

Appears in 2 contracts

Samples: Right of First Negotiation Agreement (Halsey Drug Co Inc/New), Product Purchase Agreement (Halsey Drug Co Inc/New)

Waiver. The failure of a party to insist upon strict adherence to any term tenn of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Mutual Funds Service Agreement (Cohen & Steers Equity Income Fund Inc), Mutual Funds Service Agreement (Cohen & Steers Special Equity Fund)

Waiver. The failure of a any party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive of such party of the party’s right thereafter to insist upon strict adherence to that term such provision thereafter or to any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom such xxxxxx is sought to be enforced.

Appears in 2 contracts

Samples: Trademark License Agreement (American Outdoor Brands, Inc.), Settlement Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such that party of the right thereafter hereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 2 contracts

Samples: Trademark License Agreement (Nii Holdings Inc), Trademark License Agreement (Nii Holdings Inc)

Waiver. The failure of a party to insist upon strict adherence to any term ------- provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 2 contracts

Samples: Trust Fund (One Group Mutual Funds), Trust Fund (One Group Mutual Funds)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement. Any waiver must be in writing signed by the waiving party.writing. 8.7

Appears in 1 contract

Samples: Agreement (American Real Estate Holdings L P)

Waiver. The failure of a either party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting. 19.

Appears in 1 contract

Samples: Employment Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that the term or of any term of this Agreement. , Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Fund Administration and Accounting Services Agreement (Asset Management Fund)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of nay right hereunder, nor shall it deprive such that party of the right thereafter to insist upon the strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.this

Appears in 1 contract

Samples: Share Purchase Agreement (Private Media Group Inc)

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Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement Agreement, on any occasion occasion, shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term term, or any term other term, of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Software License Agreement (Larscom Inc)

Waiver. 19.10.1 The failure of a party any Party to insist upon strict adherence to any term of this the Agreement on any occasion shall not be considered a waiver of any right hereunder nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term or any term other terms of this the Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Concession Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such the party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be signed in writing signed by the waiving party.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Us Global Investors Funds)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: GMO Series Trust

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party. 10.

Appears in 1 contract

Samples: Mutual Funds Service Agreement (Renaissance Funds)

Waiver. The failure of a either party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting. 22.

Appears in 1 contract

Samples: Employment Agreement

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any To be in force and enforceable, any waiver must be in writing and must be signed by the waiving partyboth Parties.

Appears in 1 contract

Samples: Purpose of Agreement

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.writing. (e)

Appears in 1 contract

Samples: Employment Agreement (Multi Tech International Corp)

Waiver. The failure of a party to insist upon strict adherence to any term of the terms of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Affiliate Agreement

Waiver. The failure of a party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of any provision of this Agreement must be in writing a written instrument signed and delivered by the party waiving partythe provision. 24.

Appears in 1 contract

Samples: Employment Agreement

Waiver. The failure of a either party to insist upon strict adherence to any term obligation of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. , Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Employment Agreement (Radiation Therapy Services Holdings, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of or this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Master Sub Administration Agreement (Transamerica Series Trust)

Waiver. The failure of a any party to insist upon strict adherence to any term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.this

Appears in 1 contract

Samples: Employment Agreement (Strategic Hotel Capital Inc)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such party of the or limit that party’s right thereafter to insist upon strict adherence to that term provision in the particular instance or that provision or any term other provision of this AgreementAgreement in any instance. Any waiver must shall be in writing signed by the waiving partyparty against whom the waiver is sought to be enforced.

Appears in 1 contract

Samples: Intellectual Property License (Fresh Start Private Management, Inc.)

Waiver. The failure of a party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing and signed by the waiving party.

Appears in 1 contract

Samples: Agency Agreement (Franklin Resources Inc)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any To be in force and enforceable, any waiver must be in writing and must be signed by the waiving partyboth Parties.

Appears in 1 contract

Samples: cetradeally.com

Waiver. The failure of a any party to insist upon strict adherence to any term of this the Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partyof any breach of any provision of this Agreement shall not constitute a waiver of any other breach of such provision or any provision hereof.

Appears in 1 contract

Samples: Employment Agreement (Boonton Electronics Corp)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Administration Agreement (Credit Suisse High Yield Bond Fund)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party. If any provision of this Agreement is invalid or unenforceable, the balance of the Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance it shall nevertheless remain applicable to all other persons and circumstances.

Appears in 1 contract

Samples: Form of Administration Agreement (Emerging Germany Fund Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such or limit that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and must be signed by an authorized representative of the waiving partyparty against whom such waiver is sought to be enforced.

Appears in 1 contract

Samples: License Agreement (Inter Parfums Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.2020-06-FIT AAI 8

Appears in 1 contract

Samples: Serv Agreement (Financial Investors Trust)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.. 8

Appears in 1 contract

Samples: Sub Administration Agreement (Security Capital U S Real Estate Shares Inc)

Waiver. The failure of a either party hereto to insist upon the strict adherence to any term of this Agreement on any occasion shall not be considered as a waiver of any right thereunder nor shall it deprive such that party of the right thereafter to insist upon the strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partyAgreement at some other time.

Appears in 1 contract

Samples: Agreement Concerning Voice (RSL Communications LTD)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.. Ultimus Asset Services, LLC [ ]/2016 - 10

Appears in 1 contract

Samples: Mutual Fund Services Agreement (American Pension Investors Trust)

Waiver. The failure of a party to this Agreement to insist on any occasion upon strict adherence to any term of this Agreement on any occasion shall not be considered to be a waiver nor shall it or to deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Agreement (Education Management Corporation)

Waiver. The failure of a party to insist upon on strict adherence to ------ any term of this Agreement on any occasion shall not be considered a waiver nor shall it thereof or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Co Sale Agreement (International Commercial Television Inc)

Waiver. The failure of a any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any To be in force and enforceable, any waiver must be in writing and must be signed by the waiving partyboth parties.

Appears in 1 contract

Samples: Purpose of Agreement

Waiver. The failure of a either party to insist upon strict adherence to any material term or condition of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the any right thereafter to insist upon strict adherence to that term or condition or any other material term or condition of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Model Agreement (Euronet Services Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of term.of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Fund Services Agreement (Oneamerica Funds Inc)

Waiver. The failure of a either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it such failure deprive such that party or limit its exercise of the right thereafter to insist upon strict adherence to that term or any term other terms of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Iron Age Corp

Waiver. The failure of a any party to insist insists upon strict adherence to any term of this Agreement on any occasion shall not be considered a continuing waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Shareholder Agreement (Insurance Auto Auctions Inc /Ca)

Waiver. The 22.10.1The failure of a party any Party to insist upon strict adherence to any term of this the Agreement on any occasion shall not be considered a waiver of any right hereunder nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term or any term other terms of this the Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Concession Agreement

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term Term or any other term of this Agreementagreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Agreement (Integrated Resources High Equity Partners Series 85)

Waiver. The failure of a party to insist upon strict ------- adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Mutual Fund Services Agreement (Weldon Capital Funds Inc)

Waiver. The failure of a party Party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party Party of the right thereafter to insist upon strict adherence to that term provision or any term other provision of this Agreement. Any waiver must be in writing signed by the waiving party.2019-06-FIT GP 8

Appears in 1 contract

Samples: Fund/Serv Agreement (Financial Investors Trust)

Waiver. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Administration Agreement (Winklevoss Bitcoin Trust)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement agreement on any occasion shall not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementagreement. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: Shareholders Agreement (Comcam International Inc)

Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver waiver, nor shall it deprive such or limit that party of the right thereafter to insist upon strict adherence to that term in the particular instance of that term or any other term of this AgreementAgreement in any instance. Any waiver must be in writing signed by the waiving partywriting.

Appears in 1 contract

Samples: License Agreement (Gargoyles Inc)

Waiver. The failure of a party to insist upon strict xxxxxx xxxx xxrict adherence to any term of this Agreement on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this Agreement. Any waiver must be in writing signed by the waiving party.

Appears in 1 contract

Samples: Fund Services Agreement (York Enhanced Strategies Fund, LLC)

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