Non-Waivers. A failure or delay of either Party to enforce any of the provisions hereof, to exercise any option which is herein provided, or to require performance of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or options, and each Party, notwithstanding such failure, shall have the right thereafter to insist upon the performance of any and all of the provisions of this Agreement.
Non-Waivers. Neither any failure nor any delay on the part of any party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights of such party, unless such waiver is made by a writing executed by the party and delivered to the other parties hereto; nor shall a single or partial exercise of any right preclude any other or further exercise of any other right, power or privilege accorded to any party hereto.
Non-Waivers. Any waiver of Sears’ rights or remedies under this Agreement shall be effective only if made in writing signed by an authorized officer of Sears. Neither any failure or delay by Sears in exercising any right or remedy, nor any single or partial exercise or waiver of any right shall preclude any other or further exercise thereof by Sears or the exercise of any other right or remedy by Sears.
Non-Waivers. No delay or omission by the parties in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
Non-Waivers. The failure of either party at any time to require performance of the other party of any provision of this Agreement shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provisions thereof by either party be held to be a waiver of any succeeding breach of such provisions or as a waiver of the provision itself.
Non-Waivers. Any waiver of either party's rights or remedies under this License Agreement shall be effective only if made in writing signed by an authorized officer of such party, and no failure or delay by either party in exercising any right or remedy hereunder nor any custom or course of performance shall operate as a waiver of any such right or remedy, nor shall any single or partial exercise or waiver of any right preclude any other or further exercise thereof or the exercise of any other right or remedy.
Non-Waivers. No previous waiver and no failure or delay by Maker in acting with respect to the terms of this Note Pledge shall constitute a waiver of any breach, default, or failure of condition under this Note. A waiver of any term of this Note, or of any of the obligations secured thereby, must be made in writing and shall be limited to the express written terms of such waiver. In the event of any inconsistencies between the terms of this Note and the terms of any other document related to the loan evidenced by this Note, the terms of this Note shall prevail.
Non-Waivers. No failure or delay by a party hereto in exercising any ----------- right, power or privilege hereunder, and no course of dealing between or among any of the parties, shall operate as a waiver of any such right, power or privilege. No waiver of any default on any one occasion shall constitute a waiver of any subsequent or other default. No single or partial exercise of any such right, power or privilege shall preclude the further or full exercise thereof.
Non-Waivers. Any failure of the Company to exercise or enforce any right of these Terms and Conditions will not constitute a waiver or a limit of such right. To waive any of its rights, the Company shall solely (i) expressly and (ii) in writing waive its right.
Non-Waivers. Failure to exercise and or delay in exercising any right, remedy, power or privilege shall be construed or deemed as a waiver of any underlying rights. Failure to exercise or partial exercise of any right, remedy, power or privilege shall not affect any future exercise of the right, remedy, power or privilege.
