NO IMPLIED WAIVERS definition

NO IMPLIED WAIVERS. No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws principles. You consent to the personal jurisdiction of the courts of this County and waive their rights to venue outside of Allegheny County, Pennsylvania.
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NO IMPLIED WAIVERS. Except as provided herein, no term or provision of this Agreement shall be deemed waived, no breach or default shall be deemed excused, no waiver or any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless such waiver or consent is made in writing and is signed by an authorized representative of the party to be charged with such waiver or consent. Severability In the event that any provision of this Agreement shall be determined illegal or otherwise unenforceable, such provision shall be severed and the entire Agreement shall not fail on account thereof and the balance of the Agreement shall continue in full force and effect. If to AppliedTheory: If to NYSERNet -------------------- -------------- AppliedTheory Corporation NYSEXXxx.Xxx 125 Xxxxxx Xxxxx Xxxx 125 Xxxxxx Xxxxx Xxxx Syracuse, New York 13212 Syraxxxx, Xxx Xxxx 00000 Attn. Contracts Manager Attn. Contracts Manager Notices so given will be effective on the date of receipt unless otherwise specified in the notification. Exhibits The terms of all Exhibits referenced herein are incorporated herein and made a part hereof by reference. Non-Disclosure of Terms NYSERNet and AppliedTheory each warrant, represent and agree that it will not disclose the terms and conditions of this Agreement, including but not limited to pricing, without the other's prior written consent, to any party other than such parties' accountants, auditors, attorneys, or financial advisors, except to the extent required by any applicable law. Notwithstanding the foregoing, NYSERNet hereby consents to disclosure of the terms and conditions of this Agreement, including but not limited to pricing, in any forms or documents which AppliedTheory shall file with the Securities and Exchange Commission to the extent required. IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS SET FORTH HEREIN, APPLIEDTHEORY AND NYSERNET AGREE TO BE BOUND BY THIS AGREEMENT AND ATTACHMENTS HERETO. AppliedTheory Corporation NYSEXXxx.Xxx /X/ ANGEXX X. XXXXXXXXXX XXX /S/ TIMOXXX XXXXX ---------------------------- --------------------- Angexx Xxxxxxxxxx Tim Xxxxx Xx. Xxx. Accounting/Controller Chairman of the Board of Directors/President 6/14/99 6/14/99 ---------------------------- --------------------- Date Date
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Examples of NO IMPLIED WAIVERS in a sentence

  • NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor.

Related to NO IMPLIED WAIVERS

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • Conditions of Use means Conditions 1 to 10 and the Schedules and Appendices of this document.

  • Extended Warranty means an agreement for a specified duration to

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Waiver or variance means action by the board which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.”

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • License, permit, or other entitlement for use means all business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Limited Warranty means the limited warranties and your coverage provided by IKO for your Shingles as expressly set out in this document, and are the only warranties being provided by IKO.

  • Conditions of Approval means condition(s) imposed by the Municipality in the approval of a land development application, including any conditions contained in the annexure(s) and/or plans and/or attachment(s) that form part of the approval and/or are referred to in the approval of the land development application;

  • GENERAL AND SPECIAL CONDITIONS OF CONTRACT means the instructions to Tenderer and General and special conditions of contract pertaining to the work for which above tenders have been called for.

  • Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors, as applicable.

  • BREACH OF CONTRACTUAL OBLIGATION means amongst others also the following:

  • Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.

  • Waivers means exemptions from or waivers of Buy American Laws, or the procedures and conditions used by an executive department or agency (agency) in granting exemptions from or waivers of Buy American Laws.

  • Limit of Quantitation or “LOQ” means a measurement of the concentration of a contaminant obtained by using a specified laboratory procedure calibrated at a specified concentration above the method detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant. This term is also sometimes called limit of quantification or quantification level.

  • Warranty means a warranty made solely by the manufacturer,

  • Conditions of Contract means those statements contained in or delivered with your Ticket/s or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.

  • General Conditions of Contract means the ‘Instructions to Tenderers’ and ‘General Conditions of Contract’ pertaining to the work for which above tenders have been called for.

  • Subordination Provisions has the meaning specified in Section 8.01(l).

  • Special Conditions of Contract means the pages completed by the Procuring Entity entitled Special Conditions of Contract which constitute Part A of the Special Conditions.

  • Warranty Rights means the Warranty Rights as described in Schedule I to the Participation Agreement.

  • Influencing or attempting to influ- ence means making, with the intent to influence, any communication to or ap- pearance before an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.