Waivers (General) Clause Samples
A Waivers (General) clause establishes that if one party chooses not to enforce a right or provision under the contract, this does not mean they permanently give up that right. For example, if a party overlooks a missed deadline or does not immediately act on a breach, they can still enforce that provision or right in the future. This clause ensures that occasional leniency or oversight does not result in a loss of contractual rights, thereby protecting parties from unintentionally waiving their legal remedies.
Waivers (General). The observance of any term of this agreement may be waived (whether generally or in a particular instance and either retroactively or prospectively) by the party entitled to enforce the term, but any waiver is effective only if in a writing signed by the party against which the waiver is to be asserted. Except as otherwise provided in this agreement, no failure or delay of either party in exercising any power or right under this agreement will operate as a waiver of the power or right, nor will any single or partial exercise of any right or power preclude any other or further exercise of the right or power or the exercise of any other right or power.
Waivers (General). (a) Except as otherwise provided for in this Agreement and to the fullest extent permitted by applicable Law, Borrower hereby waives: (i) presentment, demand and protest, and notice of presentment, dishonor, intent to accelerate, acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all Financing Agreements, the Revolving Credit Notes or any other notes, commercial paper, Accounts, contracts, documents, instruments, chattel paper and guaranties at any time held by Administrative Agent or any Lender on which Borrower may in any way be liable, and hereby ratifies and confirms whatever Administrative Agent and Lenders may do in this regard; (ii) all rights to notice and a hearing prior to Administrative Agent’s taking possession or control of, or to Administrative Agent’s replevy, attachment or levy upon, any Collateral or any bond or security which might be required by any court prior to allowing Administrative Agent to exercise any of its remedies; and (iii) the benefit of all valuation, appraisal and exemption Laws. Borrower acknowledges that it has been advised by counsel of its choice and decision with respect to this Agreement, the other Financing Agreements and the transactions evidenced hereby and thereby.
(b) Borrower for itself and all endorsers, guarantors and sureties and their heirs, legal representatives, successors and assigns, (i) agrees that its liability shall not be in any manner affected by any indulgence, extension of time, renewal, waiver, or modification granted or consented to by Administrative Agent; (ii) consents to any indulgences and all extensions of time, renewals, waivers, or modifications that may be granted by Administrative Agent with respect to the payment or other provisions of this Agreement, the Revolving Credit Notes, and to any substitution, exchange or release of the Collateral, or any part thereof, with or without substitution, and agrees to the addition or release of any Borrower, endorsers, guarantors, or sureties, or whether primarily or secondarily liable, without notice to Borrower and without affecting its liability hereunder; (iii) agrees that its liability shall be unconditional and without regard to the liability of any other tax; and (iv) expressly waives the benefit of any statute or rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the foregoing.
(c) Each and ev...
Waivers (General). The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term of any other term of this Agreement. All waivers in respect of a Default must be in writing.
Waivers (General). 46.1 No waiver by any party of any default or defaults by another in the observance or performance of any of the provisions of this Agreement shall operate or be construed as a waiver of any other or further default or defaults whether of a like or different character. Any waiver by any party of any right, condition or obligation in this Agreement must be in writing and a copy of such waiver shall be provided to all parties.
46.2 No failure or delay by any party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by that party of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.
46.3 No involvement by the Secretary of State in approving or failing to approve any plans or specifications or in connection with any permissions, approvals or consents (or applications therefore) or in considering (or failing to consider) whether or not to grant any approvals or consents in any way relieves or affects the duties of the Depot SPC or any Contractor under this Agreement, the Building Contract or otherwise save where expressly stated herein, and provided that the Secretary of State has acted reasonably and without delay in each case where he is required in this Agreement to do so.
Waivers (General). During the course of your cruise, tour, or excursion, you may encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers. The suppliers of those optional services may render those services subject to separate and additional terms and conditions, or may require you to execute additional documents, waivers, or releases. It is understood that any assumptions of liability, waivers, or releases that are part of the suppliers’ terms and conditions or that are required by those independent suppliers will also inure to the benefit of The Company (and/or the tour operator if applicable).
Waivers (General). Except as otherwise provided for in this Agreement and to the fullest extent permitted by applicable Law, Borrower hereby waives: (i) presentment, demand and protest, and notice of presentment, dishonor, intent to accelerate, acceleration, protest, default, nonpayment, maturity, release, compromise, settlement, extension or renewal of any or all Financing Agreements, the Term Loan Notes or any other notes, commercial paper, Accounts, contracts, documents, instruments, chattel paper and guaranties at any time held by Administrative Agent or any Lender on which Borrower may in any way be liable, and hereby ratifies and confirms whatever Administrative Agent and Lenders may do in this regard; (ii) all rights to notice and a hearing prior to Administrative Agent’s taking possession or control of, or to Administrative Agent’s replevy, attachment or levy upon, any Collateral or any bond or security which might be required by any court prior to allowing Administrative Agent to exercise any of its remedies; and (iii) the benefit of all valuation, appraisal and exemption Laws. Borrower acknowledges that it has been advised by counsel of its choice and decision with respect to this Agreement, the other Financing Agreements and the transactions evidenced hereby and thereby.
Waivers (General). During the course of your cruise, tour, or excursion, you may encounter the opportunity to participate in additional, optional activities that are provided by independent third-party suppliers. The suppliers of those optional services may render those services subject to separate and additional terms and conditions, or may require you to execute additional documents, waivers, or releases. It is understood that any assumptions of liability, waivers, or releases that are part of the suppliers’ terms and conditions or that are required by those independent suppliers will also inure to the benefit of The Company. SERVICE INQUIRIES AFTER YOUR TRIP If you wish to inquire about any services, ensure all correspondence is received by: Traveler Services, Group Voyagers Inc. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Any complaint or claim involving your trip or the services offered by The Company or involving the negligence of any suppliers (including Service Providers), sub- contractors, or agents in relation to any service provided to you must be made to the Tour or Cruise Director or Local Host® immediately while on trip. Written notification to The Company may be submitted to the address above and must be received within 30 days of the trip completion, except where such limitations are prohibited by law. RESPONSIBILITY Group Voyagers Inc., at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ is an independent company (“The Company”) licensed to market and distribute travel products under the Globus, Cosmos, Monograms, and Avalon Waterways brand names, and arrange for the trip services, including transportation, sightseeing, and accommodations through independent contracts with third- party suppliers. No person, other than an authorized representative of The Company by a document in writing, is authorized to vary, add, or waive any Term or Condition on its brochure or website, including any term or condition set forth in the preceding provisions. A provision of these Terms may not be waived or varied except in writing, signed by the party or parties to be bound. The international carriage of passengers is subject to international conventions and treaties, where applicable. These international agreements limit and, in some events, exclude the carrier’s liability to passengers (trip participants). To the extent permitted by any relevant local law, where any claim or part of a claim (including those involving death or personal injury) concerns or involves any travel...