Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.
Appears in 130 contracts
Samples: Agreement, Agreement for Construction Services, Standard Agreement
Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.
Appears in 72 contracts
Samples: Agreement, assets.system.tamus.edu, assets.system.tamus.edu
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the this Agreement.
Appears in 61 contracts
Samples: Agreement for Design Build Services, Agreement, assets.system.tamus.edu
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance non‑compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.
Appears in 50 contracts
Samples: Standard Agreement, Agreement, Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-non compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.
Appears in 38 contracts
Samples: Construction Contract, Draft Agreement, Draft Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of provided under the provisions of this Agreement shall impair any such right or constitute power or be construed to be a waiver of any such the right or power. A written waiver granted by either party of the parties of any covenant or condition provision of this Agreement shall not be construed as a future waiver of that provision or a waiver of any subsequent breach of that or of any other covenant or condition provision of the Agreement.
Appears in 38 contracts
Samples: Technical Services Agreement Indefinite Scope of Services, Sample Technical Services Agreement Indefinite Scope of Services, Agreement
Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.
Appears in 26 contracts
Samples: Master Services Agreement, Outsourcing Services Agreement, Master Agreement
Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party hereto shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.
Appears in 20 contracts
Samples: Agreement, Agreement, Master Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance non‑compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.
Appears in 18 contracts
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either The failure of a party to insist at any time upon the strict performance of any covenant or condition of agreement or to exercise any option, right, power, or remedy contained in this Agreement shall not be construed as a waiver or a relinquishment thereof for the future. Notwithstanding any provision of any subsequent breach of that or of any other covenant or condition this Agreement, nothing herein constitutes a waiver of the Agreementconstitutional, statutory or common law rights, privileges, defenses or immunities of the parties.
Appears in 17 contracts
Samples: Professional Services Agreement, Construction Manager, Program Mangement Professional Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other a party with to exercise any of the provisions its rights, powers or remedies or to require satisfaction of a condition under this Agreement shall will impair any such right, power, remedy, or constitute condition, nor will any delay or omission be construed to be a waiver of any such right breach, default or powernoncompliance under this Agreement. A Any waiver by either party of or failure to enforce any covenant or condition provision of this Agreement shall on one occasion will not be construed as deemed a waiver of any subsequent breach of that other provision or of the same provision on any other covenant or condition of occasion. To be effective, a waiver must be in writing signed by the Agreementparty granting the waiver, and will be effective only to the extent specifically set forth in such writing.
Appears in 10 contracts
Samples: License Agreement, License Agreement, Terms and Conditions
Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall will impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall will not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.
Appears in 10 contracts
Samples: License Agreement (Uncommon Giving Corp), Master Services Agreement (Uncommon Giving Corp), Master Services Agreement (Uncommon Giving Corp)
Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from non-compliance accruing upon the non‑compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party hereto shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.
Appears in 9 contracts
Samples: Draft Agreement, Agreement, Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract.
Appears in 8 contracts
Samples: Contract, www.forneytx.gov, www.lakeway-tx.gov
Waivers. No delay or omission by either party of the parties in exercising any right or power arising from non-compliance accruing upon the non‑compliance or failure of performance by the other party with of any of the provisions of this Agreement shall impair any such right or constitute power or be construed to be a waiver of any such right or power. A waiver by either party of the parties of any covenant of the covenants, conditions or condition of this Agreement agreements to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant covenant, condition or condition of the Agreementagreement.
Appears in 7 contracts
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other a party with to exercise any of the provisions its rights, powers or remedies or to require satisfaction of a condition under this Agreement shall will impair any such right, power, remedy, or constitute condition, nor will any delay or omission be construed to be a waiver of any such right breach, default or powernoncompliance under this Agreement. A Any waiver by either party of or failure to enforce any covenant or condition provision of this Agreement shall on one occasion will not be construed as deemed a waiver of any subsequent breach of that other provision or of the same provision on any other covenant or condition of occasion. To be effective, a waiver must be in writing signed by the Agreementparty granting the waiver and will be effective only to the extent specifically set forth in such writing.
Appears in 7 contracts
Samples: Global End User License Agreement, Service Agreement, Saas End User License Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract. Nothing in this Contract shall be construed to waive the constitutional, statutory, or common law rights or immunities of either party to this Contract.
Appears in 6 contracts
Samples: Between Owner and Contractor, Between Owner and Contractor, Between Owner and Contractor
Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.
Appears in 5 contracts
Samples: Agreement for Construction Services, Agreement for Construction Services, Agreement for Construction Services
Waivers. No delay or omission by either party of the parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.
Appears in 5 contracts
Samples: Interlocal Agreement, Interlocal Agreement, Interlocal Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance accruing upon the noncompliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.
Appears in 5 contracts
Samples: Consulting Agreement (Mammatech Corp), Consulting Agreement (Mammatech Corp), Consulting Agreement (Mammatech Corp)
Waivers. No delay or omission by either party of the parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with of any of the provisions of this Agreement shall impair any such right or constitute power or be construed to be a waiver of any such right or power. A waiver by either party of the parties of any covenant of the covenants, conditions or condition of this Agreement agreements to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant covenant, condition or condition of the Agreementagreement.
Appears in 4 contracts
Samples: Agreement, Sample Agreement, Sample Agreement
Waivers. No delay or omission by either party in exercising to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the Agreementparty waiving its rights.
Appears in 4 contracts
Samples: Master Purchase Agreement, Amended And (Metacreations Corp), Licensing and Services Agreement (Metacreations Corp)
Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.
Appears in 3 contracts
Samples: Management and Leasing Agreement (Cornerstone Properties Inc), Management and Leasing Agreement (Cornerstone Properties Inc), Residential Management Agreement (Cornerstone Properties Inc)
Waivers. No The failure or delay on the part of any party hereto to insist upon or omission by either party in exercising enforce strict performance of any right or power arising from non-compliance or failure of performance by the other party with any of the provisions provision of this Agreement shall impair by any other party hereto, or constitute a waiver of to exercise any such right right, power or power. A waiver by either party of any covenant or condition of remedy under this Agreement Agreement, shall not be deemed or construed as a waiver of any subsequent breach of that thereof nor shall it be deemed or construed as a general waiver thereof or of any other covenant provision or condition of the Agreementrights thereunder.
Appears in 3 contracts
Samples: Aircraft Time Sharing Agreement (Valero Energy Corp/Tx), Aircraft Time Sharing Agreement (Marathon Petroleum Corp), Form of Time Sharing Agreement (General Motors Co)
Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Notwithstanding any provision of this Agreement, nothing herein constitutes a waiver of the constitutional, statutory, or common law rights, privileges, defenses, or immunities of the parties.
Appears in 3 contracts
Samples: Texas State, Texas State, Texas State
Waivers. No failure or delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement its rights hereunder shall impair or constitute operate as a waiver thereof to prevent either party from demanding strict compliance thereof. Waiver of a breach of any such right or power. A waiver by either party of any covenant or condition provision of this Agreement shall not be construed as deemed a waiver of any subsequent other breach of that the same or of any other covenant or condition of the Agreementdifferent provision.
Appears in 3 contracts
Samples: Referral Agent Agreement, Independent Sales Agent Agreement, Sales Agent Agreement
Waivers. No delay or omission by either party in exercising a Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Pilot Program Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.
Appears in 2 contracts
Samples: Program Agreement, Pilot Program Agreement (Us Home Systems Inc)
Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall will impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall will not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of the Agreementcovenant.
Appears in 2 contracts
Samples: Management Services Agreement (Trivago N.V.), Services and Support Agreement (Trivago N.V.)
Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant power or condition of this Agreement shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementthereof.
Appears in 2 contracts
Samples: www.skillscommons.org, www.skillscommons.org
Waivers. No delay or omission by either party of the parties hereto in exercising any right or power arising from non-accruing upon the non compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party hereto shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.
Appears in 2 contracts
Samples: Construction Management at Risk Agreement, Construction Management‐
Waivers. No delay or omission by either any party in exercising any right or power arising from non-compliance or failure out of performance by the other party with any default under any of the provisions terms or conditions of this Agreement shall impair or constitute be construed to be a waiver of any such the right or power. A waiver by either a party of any covenant or condition of this Agreement the obligations of the other party shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant terms or condition conditions of the this Agreement.
Appears in 2 contracts
Samples: Easement Agreement, madison.legistar.com
Waivers. No delay or omission by either party in exercising the exercise ------- of any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the Agreementparty waiving its rights.
Appears in 2 contracts
Samples: Intellectual Property Agreement (Right Start Inc /Ca), Intellectual Property Agreement (Rightstart Com Inc)
Waivers. No delay or omission by either party in exercising a Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party a Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed the Agreementaggrieved Party.
Appears in 2 contracts
Samples: Mutual Nondisclosure of Confidential Information Agreement, Mutual Nondisclosure of Confidential Information Agreement
Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. power or be construed to be a waiver thereof A waiver by either party of the Parties of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other Party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.
Appears in 2 contracts
Samples: Interlocal Agreement, Interlocal Agreement
Waivers. No failure or delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement its rights hereunder shall impair or constitute operate as a waiver thereof or prevent either party from demanding strict compliance thereof. Waiver of a breach of any such right or power. A waiver by either party of any covenant or condition provision of this Agreement shall not be construed as deemed a waiver of any subsequent other breach of that the same or of any other covenant or condition of the Agreementdifferent provision.
Appears in 2 contracts
Waivers. No delay or omission by either party in exercising any right or power arising from non-non compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract. Binding Effect. This Contract shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.
Appears in 2 contracts
Samples: Contract Between Houston Community College, www.hccs.edu
Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party of any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver of the provision(s). A waiver by either party of the Parties of any covenant or condition of this Agreement Contract term to be performed by the other Party shall not be construed as to be a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract term.
Appears in 2 contracts
Samples: imlive.s3.amazonaws.com, Construction Services Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted assigns and successors.
Appears in 2 contracts
Waivers. No delay or omission by either any party in exercising to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of under this Agreement shall impair any such right, nor shall it be construed to be a waiver thereof. No waiver of any single breach or constitute default under this Agreement shall be deemed a waiver of any such right other breach or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementdefault.
Appears in 2 contracts
Samples: Master Participation Agreement (Ares Capital Corp), Participation Agreement (Archibald Candy Canada Corp)
Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party of any of the provisions of this Agreement shall will impair or constitute a waiver of any such right or powerpower or be construed to be a waiver of the provision(s). A waiver by either party of the Parties of any covenant or condition of this Agreement shall term to be performed by the other Party will not be construed as to be a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementAgreement term.
Appears in 2 contracts
Samples: Funding and Operating Agreement, Property Transfer Agreement
Waivers. No delay or omission by either party hereto in exercising any right or power arising from non-accruing upon the compliance or failure of performance by the other party with any of hereto under the provisions of this Agreement Lease shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereto. A waiver by either party hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as a waiver of any subsequent succeeding breach of that the same or of any other covenant or condition of the Agreement.covenants, agreements, restrictions and conditions hereof
Appears in 1 contract
Waivers. No failure or delay or omission by either party a Party in exercising any right right, power or power arising from non-compliance or failure privilege under this Attachment shall operate as a waiver of performance by the other party with any that right. Any waiver of the provisions a provision of this Agreement shall impair Attachment will not be deemed or constitute construed to be a waiver of any such right other failure or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition delay of the Agreementsame or a different provision.
Appears in 1 contract
Samples: Administrative Service Contract
Waivers. No delay or omission by either party in exercising to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of the Agreementcovenant. All waivers must be in writing and signed by both parties.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance accruing upon the noncompliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.covenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements. Section 8.9
Appears in 1 contract
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of provided under the provisions of this Agreement or any Job Order shall impair any such right or constitute power or be construed to be a waiver of any such the right or power. A written waiver granted by either party of the parties of any covenant or condition provision of this Agreement shall not be construed as a future waiver of that provision or a waiver of any subsequent breach of that or of any other covenant or condition provision of the Agreement.
Appears in 1 contract
Samples: Owner Contractor Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with of any of the provisions provision of this Agreement shall will impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant of the covenants, conditions or condition agreements of this Agreement shall to be performed by the other party will not be construed as to be a waiver of any subsequent breach of that this Agreement or of any other covenant covenant, condition or condition of the agreement contained in this Agreement.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising Party to exercise any ------- right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the AgreementParty waiving its rights.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising any right or power arising from non-non compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.
Appears in 1 contract
Samples: Standard Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-non- compliance or failure of performance by the other party with any of the provisions of this Agreement Contract shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement Contract shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the AgreementContract.
Appears in 1 contract
Samples: Risk Contract
Waivers. No delay or omission by either party in exercising hereto to exercise any right or power arising from non-compliance accruing upon any noncompliance or failure of performance default by the other party with respect to any of the provisions terms of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed as a waiver thereof, except as otherwise herein provided. A waiver by either party of the parties hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other shall not be construed as to be a waiver of any subsequent succeeding breach of that thereof or of any other covenant covenant, condition, or condition of the Agreementagreement herein contained.
Appears in 1 contract
Samples: Intergovernmental Agreement
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of provided under the provisions of this Agreement shall impair any such right or constitute power or be construed to be a waiver of any such the right or power. A written waiver granted by either party of the parties of any covenant or condition provision of this Agreement shall not be construed as a future waiver of that provision or a waiver of any subsequent breach of that or of any other covenant or condition provision of the Agreement.. :
Appears in 1 contract
Samples: Agreement
Waivers. No delay or omission by either party in exercising a Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Program Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising any Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this License Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.
Appears in 1 contract
Samples: Trademark and Service Mark License Agreement (Us Home Systems Inc)
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance by the other party with any of provided under the provisions of this Agreement or any Job Order shall impair any such right or constitute power or be construed to be a waiver of any such the right or power. A written waiver granted by either party of the parties of any covenant or condition provision of this Agreement shall not be construed as a future waiver of that provision or a waiver of any subsequent breach of that or of any other covenant or condition provision of the Agreement.Agreement.
Appears in 1 contract
Samples: Owner Contractor Agreement
Waivers. No delay The Parties acknowledge that any delay, waiver or omission by either party in exercising Party to exercise any right or power arising from non-compliance any breach or failure of performance default by the other party Party with respect to any of the terms, provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition covenants of this Agreement shall not be construed as to be a waiver by the non-defaulting Party of any subsequent breach or default of that the same or other terms, provisions or covenants. No waiver of any other covenant right or condition of power by either Party under this Agreement shall be deemed effective unless in writing, signed by the Agreementwaiving Party.
Appears in 1 contract
Samples: Transition Services Agreement (Total Gas & Electricity (PA) Inc)
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance accruing upon the noncompliance or failure of or performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising any Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the AgreementParty waiving its rights.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall will impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall will not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition covenant. All waivers must be signed by the Party waiving its rights. Page 45 of the Agreement.50
Appears in 1 contract
Samples: Master Outsourcing Services Agreement (PeopleSupport, Inc.)
Waivers. No delay or omission by either party hereto in exercising any right or power arising from non-compliance accruing upon the noncompliance or failure of performance by the other party with any of hereto under the provisions of this Agreement Lease shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party hereto of any covenant of the covenants, conditions or condition of this Agreement agreements hereto to be performed by the other party shall not be construed as a waiver of any subsequent succeeding breach of that the same or of any other covenant or condition of the Agreementcovenants, agreements, restrictions and conditions hereof.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of or performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreementcovenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenants, conditions or agreements.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising the exercise of any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the Agreementparty waiving its rights.
Appears in 1 contract
Samples: Co Existence Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)
Waivers. No delay or omission by either party Party in exercising the exercise of any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the AgreementParty waiving its rights.
Appears in 1 contract
Samples: License Agreement (Carson Inc)
Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of the Agreementcovenant. The Party waiving its rights must sign all waivers.
Appears in 1 contract
Samples: Exclusive Distribution Agreement (Green Earth Technologies Inc)
Waivers. No delay or omission by either party in exercising any right or power arising from accruing upon the non-compliance or failure of or performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power, or to be construed to be a waiver thereof. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.covenants, conditions or agreements hereof to be performed by the other must be in writing and signed by the party who is waiving such covenant, condition or agreement. i)
Appears in 1 contract
Waivers. No delay or omission by either party of the Parties in exercising any right or power arising from accruing upon the non-compliance or failure of performance by the other party with Party hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the Parties of any covenant of the covenants, conditions or condition of this Agreement agreements hereof to be performed by the other Party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition or condition of the Agreementagreement herein contained.
Appears in 1 contract
Samples: Interlocal Agreement
Waivers. No The failure or delay on the part of any party hereto to insist upon or omission by either party in exercising enforce strict performance of any right or power arising from non-compliance or failure of performance by the other party with any of the provisions provision of this Agreement shall impair by any other party hereto, or constitute a waiver of to exercise any such right right, power or power. A waiver by either party of any covenant or condition of remedy under this Agreement Agreement, shall not be deemed or construed as a waiver of any subsequent breach of that thereof, nor shall it be deemed or construed as a general waiver thereof or of any other covenant provision or condition of the Agreementrights thereunder.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising to exercise any right or ------- power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be signed by the Agreementparty waiving its rights.
Appears in 1 contract
Samples: Trademark License Agreement (Sun International Hotels LTD)
Waivers. No delay or omission by either party in exercising hereto to exercise any right or power arising from non-compliance occurring upon any noncompliance or failure of performance default by the other party with respect to any of the provisions terms of this Agreement shall impair or constitute a waiver of any such right or powerpower or be construed to be a waiver thereof. A waiver by either party of the parties hereto of any covenant of the covenants, conditions, or condition of this Agreement agreements to be performed by the other shall not be construed as to be a waiver of any subsequent succeeding breach of that thereof or of any other covenant covenant, condition, or condition of the Agreementagreement herein contained.
Appears in 1 contract
Samples: License & Development Agreement (Max Internet Communications Inc)
Waivers. No delay or omission by either party in exercising any right or power arising from non-compliance or failure of performance perfonnance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach of that or of any other covenant or condition of the Agreement.
Appears in 1 contract
Samples: Agreement for Construction Services
Waivers. No A delay or omission by either party in exercising Party hereto to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of this Agreement shall impair or constitute a waiver of any such right or power. A waiver by either party of any covenant or condition of under this Agreement shall not be construed as to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any subsequent succeeding breach of that thereof or of any other covenant or condition of herein contained. All waivers shall be in writing and signed by the AgreementParty waiving its rights.
Appears in 1 contract
Samples: Integrated Services Agreement
Waivers. No delay or omission by either party of the parties in exercising any right or power arising from accruing among the non-compliance or failure of performance by the other party with hereto of any of the provisions of this Agreement shall impair or constitute a waiver of any such right or powerpower or to be construed to be a waiver thereof. A waiver by either party each of the parties of any covenant of the covenants, conditions, or condition of this Agreement agreements hereof to be performed by the other party shall not be construed as to be a waiver of any subsequent breach of that thereof or of any other covenant covenant, condition, or condition of the Agreementagreement herein contained.
Appears in 1 contract
Samples: www.boarddocs.com
Waivers. No delay or omission by either party in exercising Party to exercise any right or power arising from non-compliance or failure of performance by it has under the other party with any of the provisions of this Agreement shall will impair or constitute be construed as a waiver of any such right or power. A waiver by either party any Party of any breach or covenant or condition of this Agreement shall will not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition covenant. All waivers must be signed by a duly Authorized Representative of the AgreementParty waiving its rights.
Appears in 1 contract
Waivers. No delay or omission by either party in exercising to exercise any right or power arising from non-compliance or failure of performance by the other party with any of the provisions of it has under this Agreement shall impair or constitute be construed as a waiver of any such right or power. A waiver by either any party of any breach or covenant or condition of this Agreement shall not be construed as to be a waiver of any subsequent succeeding breach of that or of any other covenant or condition of covenant. All waivers must be in writing and signed by the Agreementparty waiving its rights.
Appears in 1 contract
Samples: Lease Guaranty Indemnification Agreement (Panamsat Corp /New/)