Common use of Waivers Clause in Contracts

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 162 contracts

Samples: Tax Matters Agreement (SilverSun Technologies Holdings, Inc./Nv), Separation and Distribution Agreement (SilverSun Technologies Holdings, Inc./Nv), Investment Agreement (SilverSun Technologies, Inc.)

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Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 96 contracts

Samples: Distribution Agreement (Neiman Marcus Group Inc), Distribution Agreement (Cognizant Corp), Distribution Agreement (Synavant Inc)

Waivers. The failure of any Party to require strict performance by any the other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 71 contracts

Samples: Tax Matters Agreement (Sunrise Realty Trust, Inc.), Purchase Agreement, Tax Matters Agreement

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Partyparty’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 34 contracts

Samples: Contribution Agreement (Madison Square Garden Entertainment Corp.), Contribution Agreement (MSGE Spinco, Inc.), Contribution Agreement (MSGE Spinco, Inc.)

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this Agreement will not waive or diminish that Party’s 's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 17 contracts

Samples: Intellectual Property Agreement, Tax Allocation and Indemnification Agreement (Ecost Com Inc), Tax Allocation Agreement (Cognizant Corp)

Waivers. The failure of any Party party hereto to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 13 contracts

Samples: Distribution Agreement (Earth Sciences Inc), Tenneco Distribution Agreement (Tenneco Packaging Inc), Distribution Agreement (Pactiv Corp)

Waivers. The failure of any Party hereto to require strict performance by any other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 13 contracts

Samples: Administrative and Management Services Agreement (M-Tron Industries, Inc.), Transitional Administrative and Management Services Agreement (M-Tron Industries, Inc.), Transitional Administrative and Management Services Agreement (M-Tron Industries, Inc.)

Waivers. The failure of any Party party to require strict performance by any the other Party party of any provision in this Agreement will not waive or diminish that Partyparty’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 12 contracts

Samples: Transition Services Agreement (MSGE Spinco, Inc.), Transition Services Agreement (Madison Square Garden Entertainment Corp.), Transition Services Agreement (MSGE Spinco, Inc.)

Waivers. The failure of any Party to require strict performance by any the other Party of any provision in this Agreement will shall not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 10 contracts

Samples: Employee Matters Agreement (Smith & Wesson Brands, Inc.), Employee Matters Agreement (American Outdoor Brands, Inc.), Employee Matters Agreement (American Outdoor Brands, Inc.)

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s the other party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 7 contracts

Samples: Asset Purchase Agreement (California Microwave Inc), Asset Purchase Agreement (L 3 Communications Corp), Asset Purchase Agreement (California Microwave Inc)

Waivers. The failure of any Party either party to require strict performance by any the other Party party of any provision in this Agreement will not waive or diminish that Party’s such party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 6 contracts

Samples: Employee Benefits Allocation Agreement (Echelon International Corp), Tax Sharing Agreement (Florida Progress Corp), Distribution Agreement (Florida Power Corp /)

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in this Agreement will shall not waive or diminish that Partyparty’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 6 contracts

Samples: Contribution Agreement (NorthStar Realty Europe Corp.), Contribution Agreement (Northstar Realty Finance Corp.), Form of Contribution Agreement (NorthStar Realty Europe Corp.)

Waivers. The failure of any Party either party to require strict performance by any the ------- other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 5 contracts

Samples: Facilities and Administrative Support Agreement (Engage Technologies Inc), Facilities and Administrative Support Agreement (Navisite Inc), Facilities and Administrative Support Agreement (Engage Technologies Inc)

Waivers. The failure of any Party either party to require strict performance by any the other Party party of any provision in this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 5 contracts

Samples: Master Intercompany Agreement (Hartford Life Inc), Separation Agreement (Williams Communications Group Inc), Intercompany Agreement (Infinity Broadcasting Corp /De/)

Waivers. The failure of any Party party to require strict performance by another party of any provision hereof, or to enforce any remedies it may have against such other party, shall in no way affect the right thereafter to enforce this Agreement and require full performance by any other Party party. The waiver by a party of any breach of any provision in of this Agreement will shall not waive or diminish that Party’s right to demand strict performance thereafter constitute a waiver of any succeeding breach of that provision or of any other provision hereofprovision.

Appears in 5 contracts

Samples: Agreement (Salix Pharmaceuticals LTD), 2010 Agreement (Progenics Pharmaceuticals Inc), Consent, Acknowledgment and Agreement (Progenics Pharmaceuticals Inc)

Waivers. The failure of any Party party hereto to require strict performance ------- by any other Party party of any provision in this Agreement will not waive or diminish that Party’s the party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 4 contracts

Samples: Tenneco Distribution Agreement (Tenneco Packaging Inc), Human Resources Agreement (Tenneco Packaging Inc), Human Resources Agreement (Tenneco Packaging Inc)

Waivers. The failure of any Party party hereto to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s the party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 4 contracts

Samples: Tenneco Distribution Agreement (Tenneco Packaging Inc), Human Resources Agreement (Tenneco Automotive Inc), Distribution Agreement (Pactiv Corp)

Waivers. The failure of any Party of the parties hereto to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 4 contracts

Samples: Series B Exchange Agreement (Era Group Inc.), Series B Exchange Agreement (Era Group Inc.), Series B Exchange Agreement (Era Group Inc.)

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 4 contracts

Samples: Tax Disaffiliation Agreement (Citadel Security Software Inc), Tax Disaffiliation Agreement (Republic First Bancorp Inc), Tax Disaffiliation Agreement (L&c Spinco Inc)

Waivers. The failure of any Party party to require strict performance by ------- any other Party party of any provision in or rights or remedies with respect to this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereofhereof or right or remedy.

Appears in 3 contracts

Samples: Tax Sharing Agreement (Varian Semiconductor Equipment Associates Inc), Tax Sharing Agreement (Varian Inc), Tax Sharing Agreement (Varian Associates Inc /De/)

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this Agreement will shall not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 3 contracts

Samples: Employee Matters Agreement (Rightside Group, Ltd.), Employee Matters Agreement (Rightside Group, Ltd.), Employee Matters Agreement (Questar Corp)

Waivers. The failure of any Party party to require strict ------- performance by any other Party party of any provision in or rights or remedies with respect to this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereofhereof or right or remedy.

Appears in 3 contracts

Samples: Distribution Agreement (Varian Inc), Distribution Agreement (Varian Associates Inc /De/), Distribution Agreement (Varian Inc)

Waivers. The failure of any Party to require strict performance by any the other Party of any provision in 18 18 this Agreement will not waive or diminish that Party’s 's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 3 contracts

Samples: Tax Allocation Agreement (New D&b Corp), Tax Allocation Agreement (New D&b Corp), Tax Allocation Agreement (New D&b Corp)

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in or rights and remedies with respect to this Agreement will not waive or diminish that Partyparty’s right to demand strict performance thereafter of that or any other provision hereofhereof or right or remedy.

Appears in 3 contracts

Samples: Transition Services Agreement (Marcus & Millichap, Inc.), Transition Services Agreement (Marcus & Millichap, Inc.), Transition Services Agreement (Marcus & Millichap, Inc.)

Waivers. The failure of any Party party to require strict ------- performance by any other Party party of any provision in or rights and remedies with respect to this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereofhereof or right or remedy.

Appears in 3 contracts

Samples: Intellectual Property Agreement (Varian Associates Inc /De/), Intellectual Property Agreement (Varian Inc), Intellectual Property Agreement (Varian Inc)

Waivers. The failure of any Party party to require strict ------- performance by any other Party party of any provision in of this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 3 contracts

Samples: Employee Benefits Allocation Agreement (Varian Inc), Employee Benefits Allocation Agreement (Varian Associates Inc /De/), Employee Benefits Allocation Agreement (Varian Semiconductor Equipment Associates Inc)

Waivers. The failure of any Party party to this agreement at any time to require strict performance by any the other Party party of any provision in of this Agreement will agreement shall not waive or diminish that Party’s such party's right to later demand strict performance thereafter of that or any other provision hereofof this agreement.

Appears in 2 contracts

Samples: Tax Sharing Agreement (Gift Liquidators Inc), Tax Sharing Agreement (Card Activation Technologies Inc)

Waivers. The failure of any either Party to require strict -------- performance by any the other Party party of any provision in this Agreement will not waive or diminish that Party’s 's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 2 contracts

Samples: Compete Agreement (Arch Chemicals Inc), Compete Agreement (Arch Chemicals Inc)

Waivers. The failure of any Party party to require strict ------- performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 2 contracts

Samples: Distribution Agreement (Key3media Group Inc), Distribution Agreement (Key3media Group Inc)

Waivers. The failure of any Party party to require strict strict' performance by any other Party party of any provision in this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 2 contracts

Samples: Tax Disaffiliation Agreement (First National Bankshares of Florida Inc), Tax Disaffiliation Agreement (FNB Corp/Fl/)

Waivers. The failure of any Party to require strict part hereto tx xxxxxxx xxxxct performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 2 contracts

Samples: Management Agreement (National Patent Development Corp), Management Agreement (National Patent Development Corp)

Waivers. The failure of any Party to require strict performance by any the other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof. Section 5.3.

Appears in 2 contracts

Samples: Tax Matters Agreement, www.sec.gov

Waivers. The failure of any Party either party to require strict -------- performance by any the other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 2 contracts

Samples: Distribution Agreement (Primex Technologies Inc), Distribution Agreement (Arch Chemicals Inc)

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this IP Agreement will not waive or diminish that the first Party’s 's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 2 contracts

Samples: Intellectual Property License Agreement (Itt Industries Inc), Intellectual Property License Agreement (Itt Corp /Nv/)

Waivers. The failure of any Party party hereto at any time to require strict performance by any the other Party party hereto of any provision in this Agreement will hereof shall not waive or diminish that Party’s such party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Macquarie Infrastructure CO LLC), Transition Services Agreement (Donnelley Enterprise Solutions Inc)

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.. 25

Appears in 2 contracts

Samples: Employee Benefits Agreement (Dun & Bradstreet Corp), Employee Benefits Agreement (New Dun & Bradstreet Corp)

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.. Section 3.7

Appears in 2 contracts

Samples: Administration Agreement, Equity Administration Agreement

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Waivers. The failure of any Party to require party hxxxxx xx xxxxxre strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Distribution Agreement (National Patent Development Corp)

Waivers. The failure of any Party either party to require strict performance by any the other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereofthereof.

Appears in 1 contract

Samples: Employee Benefit Services and Liability Agreement (Itt Industries Inc)

Waivers. The failure of any Party party hereto at any time to require strict performance by any the other Party party hereto of any provision in this Agreement will hereof shall not waive or diminish that Partysuch party’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Transition Services Agreement (American Dental Partners Inc)

Waivers. The failure of any Party either party to require strict performance by any the other Party party of any provision in this Agreement will not waive or diminish that Partyparty’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (ITC Holdings Corp.)

Waivers. The failure of any Party to paxxx xxxxxx xx require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Distribution Agreement (National Patent Development Corp)

Waivers. The failure of any Party either party to require strict ------- performance by any the other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Distribution Agreement (Morrison Restaurants Inc/)

Waivers. The failure of any Party to require strict party xx xxxxxxx xxrict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Agreement and Plan of Distribution (FNB Corp/Fl/)

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this Indemnification Agreement will not waive or diminish that Party’s 's right to demand strict performance thereafter of that or any other provision hereof; no waiver of any provision of this Agreement will be effective unless it is in writing and executed by the waiving party.

Appears in 1 contract

Samples: Indemnification Agreement (St Joe Co)

Waivers. The failure of any either Party to require strict performance by any the other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Stock Pledge Agreement (Microstrategy Inc)

Waivers. The failure of any either Party to require strict performance by any -------- the other Party of any provision in this Agreement will not waive or diminish that Party’s 's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Powder Supply Requirements Agreement (Primex Technologies Inc)

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof.. Section 5.8

Appears in 1 contract

Samples: Distribution Agreement

Waivers. The failure of any Party to require strict performance by any other Party of any provision in this Agreement will not waive or diminish that Party’s right to demand strict performance thereafter of that or any other provision hereof. Any consent required or permitted to be given by any Party to the other Parties under this Agreement shall be in writing and signed by the Party giving such consent and shall be effective only against such Party.

Appears in 1 contract

Samples: Tax Matters Agreement (Xylem Inc.)

Waivers. The failure of any Party to require strict performance by any ------- the other Party of any provision in this Agreement will not waive or diminish that the first Party’s 's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: License Agreement (Morrison Restaurants Inc/)

Waivers. The failure of any either Party to require strict performance by any the other Party of any provision in this License Agreement will not waive or diminish that Party’s 's right to demand strict performance thereafter of that or any other provision hereof.. Section 9.06

Appears in 1 contract

Samples: And Trademark License Agreement (Itt Industries Inc)

Waivers. The failure of any Party party to require strict performance by any the other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Transition Services Agreement (Echelon International Corp)

Waivers. The failure of any Party party hereto at any time ---------- ------- to require strict performance by any the other Party party hereto of any provision in this Agreement will hereof shall not waive or diminish that Party’s such party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Control Room Agreement (Borden Chemicals & Plastics Limited Partnership /De/)

Waivers. The failure of any Party to require strict part hereto xx xxxxxxx xxxict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Management Agreement (National Patent Development Corp)

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.. 48 48

Appears in 1 contract

Samples: Distribution Agreement (Acnielsen Corp)

Waivers. The failure of any Party either party to require strict performance by any the other Party party of any provision in this Benefits Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.thereof. 12 39 g.

Appears in 1 contract

Samples: License Agreement (Itt Destinations Inc /Nv)

Waivers. The failure of any Party party to require strict performance by ------- any other Party party of any provision in or rights and remedies with respect to this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereofhereof or right or remedy.

Appears in 1 contract

Samples: Transition Services Agreement (Varian Inc)

Waivers. The failure of any Party to require strict part hereto xx xxxxxxx xxrict performance by any other Party party of any provision in this Agreement will not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Management Agreement (National Patent Development Corp)

Waivers. The failure of any Party to require strict partx xx xxxxxxx xxxict performance by any other Party party of any provision in this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereof.

Appears in 1 contract

Samples: Tax Disaffiliation Agreement (Acuity Brands Inc)

Waivers. The failure of any Party either party to require strict performance by any the other Party party of any provision in this Agreement will not waive or diminish that Partyparty’s right to demand strict performance thereafter of that or any other provision hereof.. Exhibit THB-4

Appears in 1 contract

Samples: Merger Agreement

Waivers. The failure of any Party party to require strict performance by any other Party party of any provision in or rights or remedies with respect to this Agreement will shall not waive or diminish that Party’s party's right to demand strict performance thereafter of that or any other provision hereofhereof or right or remedy.

Appears in 1 contract

Samples: Distribution Agreement (Tl Global Inc)

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