WITHOUT WAIVING Clause Samples

The "WITHOUT WAIVING" clause clarifies that a party's action or inaction regarding a particular right or provision does not mean they are giving up that right in the future. For example, if one party chooses not to enforce a specific term of the contract on one occasion, this clause ensures they can still enforce it later. Its core function is to protect parties from unintentionally losing their contractual rights due to leniency or oversight, thereby maintaining the enforceability of all terms throughout the contract's duration.
WITHOUT WAIVING. ANY RIGHTS GIVEN TO LENDER HEREUNDER, IT IS UNDERSTOOD AND AGREED THAT THE PROVISIONS OF THE SECURITIES INVESTOR PROTECTION ACT OF 1970 MAY NOT PROTECT LENDER WITH RESPECT TO LOANED SECURITIES HEREUNDER AND THAT, THEREFORE, THE COLLATERAL DELIVERED TO LENDER MAY CONSTITUTE THE ONLY SOURCE OF SATISFACTION OF BORROWER'S OBLIGATIONS IN THE EVENT BORROWER FAILS TO RETURN THE LOANED SECURITIES.
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WITHOUT WAIVING. ANY RIGHTS GIVEN TO LENDER HEREUNDER, ▇▇▇▇▇▇ UNDERSTANDS AND AGREES THAT THE PROVISIONS OF SIPA MAY NOT PROTECT LENDER WITH RESPECT TO LOANED SECURITIES HEREUNDER ONCE SUCH SECURITIES ARE REMOVED FROM ▇▇▇▇▇▇’S ACCOUNT AND THAT, THEREFORE, THE COLLATERAL CREDITED TO ▇▇▇▇▇▇’S ACCOUNT (OR TO ANOTHER ACCOUNT FOR ▇▇▇▇▇▇’S BENEFIT) MAY CONSTITUTE THE ONLY SOURCE OF SATISFACTION OF ETS’ OBLIGATIONS IN THE EVENT ETS FAILS TO RETURN THE LOANED SECURITIES.
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WITHOUT WAIVING. ANY RIGHTS GIVEN TO THE LENDER HEREUNDER, IT IS UNDERSTOOD AND AGREED THAT THE PROVISIONS OF THE SECURITIES INVESTOR PROTECTION ACT OF 1970 WILL NOT PROTECT THE LENDER WITH RESPECT TO THE LOANED SHARES.
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Related to WITHOUT WAIVING

  • Without Notice This agreement shall terminate without any requirement of notice to either party when the first of the following events occurs: 5.1.1. The parties mutually consent to termination in writing.

  • Without limiting the other provisions of this Section 3.1, among other delegations by the Trustees, the Trustees have determined that there is a significant risk that the Trust and its shareholders may be adversely affected by investors with short term trading activity and/or whose purchase and redemption activity follows a market timing pattern as defined in the prospectus for the Trust, and have authorized the Trust, the Underwriter and the Trust's transfer agent to adopt procedures and take other action (including, without limitation, rejecting specific purchase orders in whole or in part) as they deem necessary to reduce, discourage, restrict or eliminate such trading and/or market timing activity. You agree that your purchases and redemptions of Portfolio shares are subject to, and that you will assist us in implementing, the Market Timing Trading Policy and Additional Policies (as described in the Trust's prospectus) and the Trust's restrictions on excessive and/or short term trading activity and/or purchase and redemption activity that follows a market timing pattern.

  • Without Party A’s prior written consent, Party B shall not assign its rights and obligations under this Agreement to any third party.

  • Covenants Without Notice The Borrower shall fail to observe or perform any covenant or agreement on its part to be observed or performed which is set forth in Section 5.01, 5.02, 5.09, 5.10, 5.12, 5.13, 5.14 or 5.15;

  • Without Pay where an employee participates in a program of training for the purpose of qualifying for a higher rank; or