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 974 contracts
Samples: Financial Administration and Accounting Services Agreement (Federated Hermes Total Return Series, Inc.), Financial Administration and Accounting Services Agreement (Federated Hermes Fixed Income Securities, Inc.), Financial Administration and Accounting Services Agreement (Federated Hermes Equity Funds)
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 252 contracts
Samples: Stock Option Agreement (Rush Enterprises Inc \Tx\), Employment Agreement (bioAffinity Technologies, Inc.), Change in Control Severance Agreement (Brinker International, 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 99 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 55 contracts
Samples: Transfer Agency and Services Agreement (Perpetual Americas Funds Trust), Transfer Agency and Services Agreement (Perpetual Americas Funds Trust), Fund Administration and Accounting Services 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 44 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 Lending Agency Agreement (Allspring Master Trust), Securities Lending Agency Agreement (Allspring Variable Trust), Securities Lending Agency 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 23 contracts
Samples: Employment Agreement, Settlement Agreement, Employment Agreement
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: Defined Contribution Clearance & Settlement Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (Mutual of America Separate Account No 2), Defined Contribution Clearance & 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: Securities Lending and Services Agreement, Securities Lending and Services Agreement (Highland Global Allocation Fund), Securities 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 15 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 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 12 contracts
Samples: Management Services Agreement (Media Metrix Inc), Partnership Agreement (American Real Estate Holdings L P), Partnership Agreement (Presidio Capital Corp)
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: Executive Employment Agreement (Waste Services, Inc.), Executive Employment Agreement (Waste Services, Inc.), Executive Employment Agreement (Waste Services, 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 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 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: Fund Accounting and Administration Agreement (Guggenheim Strategic Opportunities Fund), Services Agreement (Institutional Investment Strategy Fund), Fund Accounting and Administration Agreement (Transparent Value 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 Fund), Investment Accounting Agreement (Tiaa-Cref Life Separate Account Vli-1), Investment Accounting Agreement (Tiaa Cref Life Separate Account Va-1)
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 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.
Appears in 9 contracts
Samples: Employment Agreement (Lifelock, Inc.), Employment Agreement (Lifelock, Inc.), Severance Agreement (First Internet Bancorp)
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: Enrollment Agreement, Enrollment Agreement, Enrollment Agreement
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.), Supplier Agreement (Foxhollow Technologies, 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 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 (Cotherix Inc), Exclusive License Agreement (Insite Vision 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 6 contracts
Samples: Fund Administration Agreement (Pra Securities Trust /), Fund Administration Agreement (Morgan Stanley High Yield Fund Inc), Fund Administration Agreement (Uam Funds Inc Ii/)
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 Series Trust), Combined Administration Agreement (Munder at Vantage Fund)
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: General License Agreement, Terms of Use, Single User License 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 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 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: Patent License Agreement (Nanosys Inc), Patent License Agreement (Nanosys Inc), Patent License Agreement (Nanosys 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 (Udate Com Inc), E Business Hosting Agreement (SuccessFactors, Inc.), E Business Hosting Agreement (Quantum Group Inc /Fl)
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 (American Outdoor Brands, Inc.), Trademark License Agreement (Smith & Wesson 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 (Ameriprime Advisors Trust), Mutual Fund Services Agreement (Ameriprime Funds)
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 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 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 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: Interagency Agreement, Agreement, Interagency Agreement
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: Municipal Access Agreement, Municipal Access Agreement, Municipal Access Agreement (Maa)
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 (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 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 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. 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: Trade Ally Application & Agreement, Trade Ally Application & 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 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 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: Fund/Serv and Networking Agreement (Principal Life Insurance Co Separate Account B), Fund/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 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 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: Product Purchase Agreement (Halsey Drug Co Inc/New), Right of First Negotiation Agreement (Halsey Drug Co Inc/New)
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 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
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 Special Equity Fund), Mutual Funds Service Agreement (Cohen & Steers Equity Income Fund Inc)
Waiver. The failure of a party to insist 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.
Appears in 2 contracts
Samples: Separation Agreement (Westmountain Gold, Inc.), Separation Agreement (Westmountain Gold, 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/Serv Agreement (One Group Mutual Funds), Trust Fund/Serv Agreement (One Group Mutual Funds)
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 (Wallace Funds), Mutual Fund Services Agreement (Runkel Funds)
Waiver. The failure of a party to insist upon on strict adherence to any term of this Agreement on any occasion shall will not be considered a waiver nor shall it or deprive such that party of the right thereafter to insist upon on 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: Employment Agreement (Sterling Bancorp), Employment Agreement (Sterling Bancorp)
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
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 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. a) 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 1 contract
Samples: Pre Annexation 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 and signed by the waiving party.
Appears in 1 contract
Waiver. The failure of a either party to insist upon strict adherence to any term or condition of this Agreement contract on any occasion shall not be considered as 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 partycontract.
Appears in 1 contract
Samples: Agent Service Agreement
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 Party to insist upon strict adherence to any term of this provision ohhis 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: Networking Undertaking and Indemnity Agreement (Old Westbury Funds 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 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: Mutual Fund Selling and Services Agreement (GMO Series Trust)
Waiver. The failure of a either party to insist upon strict adherence to any term provision of this Agreement on any occasion shall not be considered constitute a waiver nor shall it waiver, or deprive such party of the or limit that party's right thereafter to insist upon strict adherence to that term provision in a particular instance or any term of this Agreementprovision in any instance. Any waiver must shall be in writing signed by the waiving partyparty granting the waiver.
Appears in 1 contract
Samples: License Agreement (Parkervision 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)
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
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 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 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 in the particular instance 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 (Bib Holdings LTD)
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 thereof or deprive such party that 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: Affiliate 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 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
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: Trade Ally Application & 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 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
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. 21.10.1 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 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 1 contract
Samples: License Agreement (Sport Haley 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: Voice Distribution Agreement (RSL Communications LTD)
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: Trade Ally Agreement
Waiver. The failure of a party any Party to insist upon strict adherence to any term of this Agreement or any Ancillary Agreement on any occasion shall not be considered a waiver of any right hereunder or thereunder, 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 Agreement or the waiving partyAncillary Agreements.
Appears in 1 contract
Samples: Master Separation Agreement (Aktiebolaget Electrolux)
Waiver. The failure of a either party to insist upon strict adherence to any term terms or conditions 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 1 contract
Samples: Municipal Access 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. 22.
Appears in 1 contract
Samples: Physician Employment 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 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: Trademark License Agreement (Renaissance Golf Products Inc)
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
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
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: Separation Agreement (Education Management Corporation)
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 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 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 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
Waiver. The failure of a party either Party to insist upon strict adherence to any term of this Agreement Contract 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 strict adherence to that term or any other term of this AgreementContract. Any waiver All valid waivers must be made in writing signed by the waiving partywriting.
Appears in 1 contract
Samples: Manufacturing Agreement
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
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 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: Administration Agreement (Emerging Germany Fund Inc)
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 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 the Agreement. Any waiver must be in writing signed by the waiving party.
Appears in 1 contract
Samples: Trust Fund/Serv and Networking Agreement (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 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. Modifications hereof or additions hereto are not effective unless in a writing which specifies that it is a modification to this Agreement and is signed by duly authorized representatives of the parties.
Appears in 1 contract
Samples: Purchase Agreement
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
