Common use of Waivers; Rights Cumulative Clause in Contracts

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, or their respective officers, employees, agents, or representatives, and no failure by a Party to exercise any of its rights under this Agreement, shall, in either case, operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 13 contracts

Samples: Gathering Agreement (Hess Midstream LP), Gas Processing and Fractionation Agreement (Hess Midstream LP), Gas Processing and Fractionation Agreement (Hess Midstream Partners LP)

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Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, or their respective officers, employees, agents, or representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 13 contracts

Samples: Gathering Agreement (CNX Midstream Partners LP), Gas Gathering Agreement (Rosehill Resources Inc.), Devco    Noble Agreement (CONE Midstream Partners LP)

Waivers; Rights Cumulative. Any of the terms, covenants, covenants or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, Party or their its respective officers, employees, agents, agents or representatives, and no failure by a Party to exercise any of its rights under this Agreement, Agreement shall, in either case, operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 11 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (SM Energy Co)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party Person waiving compliance. No course of dealing on the part of any Party, or their respective officers, employees, agents, or representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties Producer and Midstream Co under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 6 contracts

Samples: Agreement Terms And (Noble Midstream Partners LP), Gas Gathering and Compression Agreement (Noble Midstream Partners LP), Texas Agreement (Noble Midstream Partners LP)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, or their its respective officers, employees, agents, or representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 4 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Exco Resources Inc), Limited Liability Company Agreement (Exco Resources Inc)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Development Party, or their respective officers, employees, agents, or representatives, and no nor any failure by a Development Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Development Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 4 contracts

Samples: Joint Development Agreement, Joint Development Agreement (Exco Resources Inc), Joint Development Agreement (Exco Resources Inc)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party party hereto waiving compliance. No course of dealing on the part of any Partyparty hereto, or their its respective officers, employees, agents, accountants, attorneys, investment bankers, consultants or other authorized representatives, and no nor any failure by a Party party hereto to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party party at a later time to enforce the performance of such provision. No waiver by any Party party hereto of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties parties hereto under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (PBF Holding Co LLC), Contribution Agreement (PBF Holding Co LLC), Transaction Agreement (Hess Midstream Partners LP)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, or their its respective officers, employees, agents, accountants, attorneys, investment bankers, consultants or other authorized representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Riviera Resources, LLC), Limited Liability Company Agreement (Linn Energy, Inc.)

Waivers; Rights Cumulative. Any of the terms, covenants, covenants or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, Development Party or their its respective officers, employees, agents, agents or representatives, and no failure by a Development Party to exercise any of its rights under this Agreement, Agreement shall, in either case, operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Development Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 2 contracts

Samples: Acquisition and Development Agreement, Acquisition and Development Agreement (SM Energy Co)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party Person waiving compliance. No course of dealing on the part of any Party, or their respective officers, employees, agents, or representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties Produce and Midstream Co under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 2 contracts

Samples: Texas Agreement (Noble Midstream Partners LP), Texas Agreement (Noble Midstream Partners LP)

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Waivers; Rights Cumulative. Any of the The terms, covenants, covenants or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of by any Party, or their its respective officers, employees, agentsRepresentatives, or representatives, and no any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative, cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 1 contract

Samples: Management Services and Operating Agreement (Unit Corp)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, or their respective its officers, employees, agents, or representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of each of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 1 contract

Samples: Dedication Agreement (Noble Midstream Partners LP)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party Person waiving compliance. No course of dealing on the part of any Party, or their respective officers, employees, agents, or representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties Producer and Gatherer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 1 contract

Samples: Oil Gathering Agreement (Rosehill Resources Inc.)

Waivers; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof contained in this Agreement may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, the Parties or their respective officers, employees, agents, Representatives or representatives, and no any failure by a Party the Parties to exercise any of its their respective rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof of such rights or affect in any way the right of such Party Person at a later time to enforce the performance of such provision. No waiver by any a Party of any condition, condition or any breach of any term term, covenant, representation or covenant warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term term, covenant, representation or covenantwarranty. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 1 contract

Samples: Participation Agreement (Diversified Energy Co PLC)

Waivers; Rights Cumulative. Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party Person waiving compliance. No course of dealing on the part of any Party, or their respective officers, employees, agents, or representatives, and no nor any failure by a Party to exercise any of its rights under this Agreement, shall, in either case, Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties Producer and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Noble Midstream Partners LP)

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