Waivers of Default. A waiver by a party of any default by another party of any provision of this 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 waiving party. No failure or delay by a party in exercising any right, power or privilege under this 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 5 contracts
Samples: Employee Matters Agreement (Lumentum Holdings Inc.), Employee Matters Agreement (Viavi Solutions Inc.), Employee Matters Agreement (Lumentum Holdings Inc.)
Waivers of Default. A waiver by a party of any default by another the other party of any provision of this Agreement or any other Transaction Document shall not be deemed a waiver by the waiving party of any subsequent or other default, nor shall it prejudice the rights of the waiving party. No failure or delay by a party in exercising any right, power or privilege under this Agreement or any 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 4 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Hewlett Packard Enterprise Co), Separation and Distribution Agreement (Hp Inc)
Waivers of Default. A waiver Waiver by a party Party of any default by another party the other Party of any provision of this 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 waiving partyother Party. No failure or delay by a party Party in exercising any right, power or privilege under this 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. No In addition, unless the Business Combination Agreement shall have been terminated in accordance with its terms, no such waiver by any party of any provision of this Agreement shall be effective unless explicitly set forth in writing and executed by without the party so waivingprior written consent of the SPAC.
Appears in 2 contracts
Samples: Employee Matters Agreement (Harley-Davidson, Inc.), Employee Matters Agreement (LiveWire Group, Inc.)
Waivers of Default. A waiver by a party Party of any default by another party the other Party of any provision of this 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 waiving partyParty. No failure or delay by a party Party in exercising any right, power or privilege under this 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 Party of any provision of this Agreement shall be effective unless explicitly set forth in writing and executed by the party Party so waiving.
Appears in 2 contracts
Samples: Services Agreement (Keysight Technologies, Inc.), Services Agreement (Keysight Technologies, Inc.)
Waivers of Default. A waiver by a party Party of any default by another party Party of any provision of this Agreement or any 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 waiving party. No failure or delay by a party Party in exercising any right, power or privilege under this Agreement or any 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 Party of any provision of this Agreement shall be effective unless explicitly set forth in writing and executed by the party Party so waiving, and provided, that, unless the Merger Agreement shall have been terminated in accordance with its terms, any waiver by SpinCo that is adverse in any material respect to Parent shall require the prior written consent of Parent.
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