Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 103 contracts
Samples: Separation Agreement (Centuri Holdings, Inc.), Separation and Distribution Agreement (Mdu Resources Group Inc), Separation and Distribution Agreement (Everus Construction Group, Inc.)
Waivers of Default. Waiver by a Party any party of any default by the other Party party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilegeparty.
Appears in 72 contracts
Samples: Separation and Distribution Agreement (Nuvola, Inc.), Separation and Share Transfer Agreement (Eastside Distilling, Inc.), Separation and Distribution Agreement (Nuvola, Inc.)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 70 contracts
Samples: Distribution Agreement (Embecta Corp.), Logistics Services Agreement (Embecta Corp.), Transition Services Agreement (Embecta Corp.)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 57 contracts
Samples: Tax Matters Agreement (3m Co), Tax Matters Agreement (Solventum Corp), Tax Matters Agreement (Solventum Corp)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 24 contracts
Samples: Separation and Distribution Agreement (Howard Hughes Holdings Inc.), Separation and Distribution Agreement (Seaport Entertainment Group Inc.), Separation and Distribution Agreement (Seaport Entertainment Group Inc.)
Waivers of Default. Waiver A waiver by a Party party of any default by the other Party party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party party of any subsequent or other default, nor shall it prejudice the rights of the other Partywaiving party. No failure or delay by a Party party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver by any party of any provision of this Agreement shall be effective unless explicitly set forth in writing and executed by the party so waiving.
Appears in 16 contracts
Samples: Tax Matters Agreement (Lumentum Holdings Inc.), Separation and Distribution Agreement (Lumentum Holdings Inc.), Stockholder’s and Registration Rights Agreement (Lumentum Holdings Inc.)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other right or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 16 contracts
Samples: Transition Services Agreement (Mdu Resources Group Inc), Transition Services Agreement (Everus Construction Group, Inc.), Transition Services Agreement (Vestis Corp)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement must be in writing and shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 15 contracts
Samples: Separation and Distribution Agreement (ZimVie Inc.), Separation and Distribution Agreement (Zimmer Biomet Holdings, Inc.), Separation and Distribution Agreement (ZimVie Inc.)
Waivers of Default. Waiver by a Party any party of any default by the other Party party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party party of any subsequent or other default, nor shall it prejudice the rights of the other Partysuch party. No failure or delay by a Party any party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 14 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement, Separation and Distribution Agreement (California Resources Corp)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 13 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement, Separation and Distribution Agreement (PENTAIR PLC)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall be in writing and shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 11 contracts
Samples: Master Distribution Agreement (Lovarra), Master Distribution Agreement (Logiq, Inc.), Master Distribution Agreement (Net Element, Inc.)
Waivers of Default. Waiver A waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver by any Party of any provision of this Agreement shall be effective unless explicitly set forth in writing and executed by the Party so waiving.
Appears in 9 contracts
Samples: Transition Services Agreement, Transition Services Agreement, Master Transition Services Agreement
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement must be in writing and shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 9 contracts
Samples: Manufacturing Agreement (Zimmer Biomet Holdings, Inc.), Manufacturing Agreements (Zimmer Biomet Holdings, Inc.), Manufacturing Agreements (ZimVie Inc.)
Waivers of Default. Waiver by a Party of any default by the other another Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the any other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 8 contracts
Samples: Separation and Distribution Agreement (Raytheon Technologies Corp), Separation and Distribution Agreement (Carrier Global Corp), Separation and Distribution Agreement (Otis Worldwide Corp)
Waivers of Default. Waiver by a any Party of any default by the other another Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 7 contracts
Samples: Transition Services Agreement (Raytheon Technologies Corp), Transition Services Agreement (Otis Worldwide Corp), Transition Services Agreement (Carrier Global Corp)
Waivers of Default. Waiver A waiver by a Party party of any default by the other Party party of any provision of this Agreement or any Ancillary Agreement other Transaction Document shall not be deemed a waiver by the waiving Party party of any subsequent or other default, nor shall it prejudice the rights of the other Partywaiving party. No failure or delay by a Party party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement other Transaction Document shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver by any party of any provision of this Agreement shall be effective unless explicitly set forth in writing and executed by the party so waiving.
Appears in 7 contracts
Samples: Contribution Agreement (Lumentum Holdings Inc.), Contribution Agreement (Viavi Solutions Inc.), Contribution Agreement (Lumentum Holdings Inc.)
Waivers of Default. Waiver by a Party of any default by the any other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 7 contracts
Samples: Separation and Distribution Agreement (International Seaways, Inc.), Separation and Distribution Agreement (International Seaways, Inc.), Separation and Distribution Agreement (W R Grace & Co)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of or obligation under this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other such waiving Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 6 contracts
Samples: Area of Mutual Interest Agreement (California Resources Corp), Area of Mutual Interest Agreement (Occidental Petroleum Corp /De/), Confidentiality Agreement (Occidental Petroleum Corp /De/)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement Agreement, the Separation Agreement, or any other Ancillary Agreement Agreement, shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 6 contracts
Samples: Transition Services Agreement (Worthington Enterprises, Inc.), License Agreement (Worthington Enterprises, Inc.), Steel Supply and Services Agreement (Worthington Enterprises, Inc.)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 5 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (SLM Corp), Separation and Distribution Agreement (Navient Corp)
Waivers of Default. Waiver by a Party party hereto of any default by the other Party another party hereto of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party party of any subsequent or other default, nor shall it prejudice the rights of the any other Partyparty. No failure or delay by a Party party hereto in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 5 contracts
Samples: Separation and Distribution Agreement (Vornado Realty Lp), Separation and Distribution Agreement (JBG SMITH Properties), Master Transaction Agreement (JBG SMITH Properties)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other such Party. No failure or delay by a Party any party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 4 contracts
Samples: Separation Agreement (Venator Materials PLC), Separation Agreement (Venator Materials PLC), Separation and Distribution Agreement (California Resources Corp)
Waivers of Default. Waiver by a Party any party of any default by the other Party party of any provision of this Agreement or any other Ancillary Agreement shall not be deemed a waiver by the waiving Party party of any subsequent or other default, nor shall it prejudice the rights of the other Partyparty. No failure or delay by a Party any party in exercising any right, power or privilege under this Agreement or any other Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 4 contracts
Samples: Separation and Distribution Agreement (SunCoke Energy, Inc.), Separation and Distribution Agreement (Sunoco Inc), Separation and Distribution Agreement (SunCoke Energy, Inc.)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 4 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (EQT Corp), Separation and Distribution Agreement (Equitrans Midstream Corp)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the any other rights of the other waiving Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 4 contracts
Samples: Transition Services Agreement (GCP Applied Technologies Inc.), Transition Services Agreement (W R Grace & Co), Transition Services Agreement (GCP Applied Technologies Inc.)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other right or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 4 contracts
Samples: Transition Services Agreement (Consensus Cloud Solutions, Inc.), Intellectual Property License Agreement (Consensus Cloud Solutions, Inc.), Intellectual Property License Agreement (Consensus Cloud Solutions, Inc.)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement Agreement, the Separation Agreement, or any other Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 3 contracts
Samples: Trademark License Agreement (Worthington Enterprises, Inc.), Trademark License Agreement (Worthington Steel, Inc.), Trademark License Agreement (Worthington Steel, Inc.)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement hereunder shall operate as a waiver thereof, thereof nor shall a any single or partial exercise thereof prejudice preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 3 contracts
Samples: Separation Agreement (Alcan Inc), Separation Agreement (Novelis Inc.), Separation Agreement (Novelis Inc.)
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any other Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a any Party in exercising any right, power or privilege under this Agreement or any other Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Harvard Apparatus Regenerative Technology, Inc.), Separation and Distribution Agreement (Harvard Apparatus Regenerative Technology, Inc.), Separation and Distribution Agreement (Harvard Apparatus Regenerative Technology, Inc.)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement, the Separation Agreement or any other Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 3 contracts
Samples: Employee Matters Agreement (Worthington Enterprises, Inc.), Employee Matters Agreement (Worthington Steel, Inc.), Employee Matters Agreement (Worthington Steel, Inc.)
Waivers of Default. Waiver by a Party of any default by the any other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the any other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 2 contracts
Samples: Master Transaction Agreement (Bellring Brands, Inc.), Master Transaction Agreement (Bellring Brands, Inc.)
Waivers of Default. Waiver by a Party of any default by the other another Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 2 contracts
Samples: Tax Matters Agreement (Bluerock Homes Trust, Inc.), Tax Matters Agreement (Bluerock Homes Trust, Inc.)
Waivers of Default. Waiver by a Party of any default by the other another Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Bluerock Homes Trust, Inc.), Separation and Distribution Agreement (Bluerock Homes Trust, Inc.)
Waivers of Default. Waiver by a either Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other waiving Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Quorum Health Corp), Separation and Distribution Agreement (Quorum Health Corp)
Waivers of Default. Waiver by a Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.exercise
Appears in 1 contract
Waivers of Default. Waiver by a any Party of any default by the other Party of any provision of this Agreement or any Ancillary Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other such Party. No failure or delay by a any Party (or the applicable member of its Group) in exercising any right, power or privilege under this Agreement or any Ancillary Agreement shall operate as a waiver thereof, thereof nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 1 contract
Samples: Separation Agreement (Rentech, Inc.)