Common use of Waiver Clause in Contracts

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 1728 contracts

Sources: Employment Agreement (Dynatrace, Inc.), Employment Agreement (Scholar Rock Holding Corp), Employment Agreement (MeridianLink, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 562 contracts

Sources: Employment Agreement (LifeStance Health Group, Inc.), Employment Agreement (Kiniksa Pharmaceuticals International, PLC), Employment Agreement (Kiniksa Pharmaceuticals International, PLC)

Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in writing and a written document signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementParty charged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachfuture breach or failure to perform or of any other right arising under this Agreement.

Appears in 76 contracts

Sources: License and Supply Agreement, Termination and Assignment Agreement, License Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 69 contracts

Sources: Employment Agreement (DeFi Development Corp.), Employment Agreement (DeFi Development Corp.), Employment Agreement (Ludwig Enterprises, Inc.)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 60 contracts

Sources: Downtown Outdoor Ice Rink Agreement, Downtown Outdoor Ice Rink Agreement, Separation Agreement (Cure Pharmaceutical Holding Corp.)

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Appears in 51 contracts

Sources: Voting Agreement (Sanders Morris Harris Inc/Fa), Voting Agreement (Insightful Corp), Company Stockholder Agreement (Gyrus Acquisition Inc)

Waiver. No waiver of any provision hereof of this Agreement or of the rights and obligations of the parties shall be effective unless made in writing and signed by the party waiving partycompliance. The failure of any party to require Any such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Appears in 44 contracts

Sources: Professional Services, Professional Services, Service Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any a party to require the performance of any term or obligation of this Agreement, or the waiver by any a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 38 contracts

Sources: Transition Agreement (Unifirst Corp), Separation Agreement (Akari Therapeutics PLC), Employment Agreement (Assembly Biosciences, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of enforce any term condition or obligation part of this Agreement, or the waiver by Agreement at any party of any breach of this Agreement, time shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of that condition or part, nor shall it forfeit any subsequent breachrights to future enforcement thereof. Any waiver hereunder shall be effective only if delivered to the other party hereto in writing by the party making such waiver.

Appears in 35 contracts

Sources: Copyright Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective valid unless made in writing and signed by the waiving party. The failure of any party at any time to require the insist upon strict performance of any term condition, promise, agreement or obligation of this Agreement, or the waiver by any party of any breach of this Agreementunderstanding set forth herein, shall not prevent be construed as a waiver or relinquishment of any subsequent enforcement other condition, promise, agreement or understanding set forth herein or of the right to insist upon strict performance of such term waived condition, promise, agreement or obligation or be deemed a waiver of understanding at any subsequent breachother time.

Appears in 33 contracts

Sources: Stock Purchase Agreement (Cannapharmarx, Inc.), Stock Purchase Agreement (Cannapharmarx, Inc.), Reorganization Agreement (DLT Resolution Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 30 contracts

Sources: Employment Agreement (Intellia Therapeutics, Inc.), Change in Control Agreement (Eastern Bankshares, Inc.), Employment Agreement (Intellia Therapeutics, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 28 contracts

Sources: Employment Agreement (Old Dominion Electric Cooperative), Stock Purchase Agreement (Mac-Gray Corp), Employment Agreement (Be Free Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any right or obligation under or breach of this Agreement, shall not prevent any subsequent enforcement of such term term, right or obligation or be deemed a waiver of any prior or subsequent breachbreach of the same obligation.

Appears in 28 contracts

Sources: Employment Agreement (First Foundation Inc.), Employment Agreement (First Foundation Inc.), Employment Agreement (First Foundation Inc.)

Waiver. No waiver of any such provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 21 contracts

Sources: Restructuring Support and Forbearance Agreement, Executive Employment Agreement (Paycom Software, Inc.), Executive Employment Agreement (Paycom Software, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made or modification in writing and signed by the waiving party. The failure of any party to require the performance of any term whole or obligation in part of this Agreement, or the waiver by any term or condition hereof, shall be effective against any party unless in writing and duly signed by the party sought to be bound. Any waiver of any breach of this Agreement, any provision hereof or any right or power by any party on one occasion shall not prevent any subsequent enforcement be construed as a waiver of, or a bar to, the exercise of such term right or obligation power on any other occasion or be deemed as a waiver of any subsequent breach.

Appears in 18 contracts

Sources: Employment Agreement (Ingersoll Rand Co LTD), Employment Agreement (Ingersoll-Rand PLC), Employment Agreement (Ingersoll Rand Co LTD)

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.

Appears in 17 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Waiver. No waiver of any provision hereof shall will be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 16 contracts

Sources: Executive Agreement (Guidewire Software, Inc.), Employment Agreement (Butterfly Network, Inc.), Employment Agreement (Butterfly Network, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term terms or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term terms or obligation or be deemed a waiver of any subsequent breach.

Appears in 15 contracts

Sources: Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/), Change in Control/Noncompetition Agreement (Enterprise Bancorp Inc /Ma/)

Waiver. No waiver of any provision hereof shall may be effective deemed to have been made unless made expressly in writing and signed by the waiving partyParty. The failure waiver by either Party of a breach or violation of any party to require the performance of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach of the same or other provision hereof. No failure by either Party to insist upon the strict performance of any provision of this Agreement may be construed as depriving that Party of the right to insist on strict performance of that provision or of any other provision in the future.

Appears in 15 contracts

Sources: Participating Physician Practice Agreement, Participating Physician Practice Agreement, Participating Physician Practice Agreement

Waiver. No Neither modification of this Agreement nor any waiver of any provision term or condition hereof shall be effective unless made it is in writing and signed by the waiving partyparties hereto. The failure of any If either party fails to require meet the performance requirements of any term or obligation of this Agreement, Agreement or the waiver by any party of waives any breach of this Agreementhereunder, shall not that failure or waiver will neither prevent any a subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.

Appears in 14 contracts

Sources: Modification Agreement of the Assignment of Intellectual Property, Patent License Agreement (Kelvin Medical, Inc.), License Agreement (Eaton Scientific Systems, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparry. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 14 contracts

Sources: Employment Agreement (AuraSound, Inc.), Employment Agreement (Universal Guardian Holdings Inc), Employment Agreement (Awesome Living, Inc.)

Waiver. No waiver of any provision hereof shall right will be effective unless made given in writing and signed by the party waiving partyits rights. The failure of any party Failure to require the performance of enforce any term or obligation provision of this Agreement, exercise any option, or the require any performance, shall in no way be construed to be a waiver by any party of any breach such provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 13 contracts

Sources: Terms of Use and End User License Agreement, Td Online Accounting Agreement, Terms of Use and End User License Agreement

Waiver. No Except as otherwise expressly provided in this Agreement, no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 13 contracts

Sources: Director Agreement (Smart Energy Solutions, Inc.), Director Agreement (Smart Energy Solutions, Inc.), Chairman of the Board of Directors Agreement (Powerraise Inc)

Waiver. No waiver of any provision hereof shall of Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreementherein, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 13 contracts

Sources: Access Agreement, Access Agreement, Access Agreement

Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 13 contracts

Sources: Executive Employment Agreement (Point Therapeutics Inc), Executive Employment Agreement (Point Therapeutics Inc), Special Termination Agreement (Affiliated Community Bancorp Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 18.

Appears in 11 contracts

Sources: Employment Agreement (SEMrush Holdings, Inc.), Employment Agreement (SEMrush Holdings, Inc.), Employment Agreement (SEMrush Holdings, Inc.)

Waiver. No waiver of any provision hereof shall be of this Agreement is effective unless made in writing and signed by the waiving party, and, in the case of the Company only after the waiver has been specifically approved by the Board. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 11 contracts

Sources: Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp), Executive Employment Agreement (Arbutus Biopharma Corp)

Waiver. No waiver or release of any obligation under or provision hereof of this Agreement shall be valid or effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require insist on the performance of any term obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, any provision hereof shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.

Appears in 11 contracts

Sources: Research Collaboration and License Agreement (Avidity Biosciences, Inc.), Option and License Agreement (Inhibrx, Inc.), Option and License Agreement (Inhibrx, Inc.)

Waiver. No waiver by any party hereto of any condition or any ------ breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Appears in 9 contracts

Sources: Voting Agreement (Cobalt Networks Inc), Voting Agreement (Netopia Inc), Voting Agreement (Fusion Medical Technologies Inc)

Waiver. No waiver of any provision hereof shall of this Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 9 contracts

Sources: Services Agreement (Nano Nuclear Energy Inc.), Services Agreement (Nano Nuclear Energy Inc.), Services Agreement (Nano Nuclear Energy Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party to require the performance of any term or obligation of this Agreement, or the A waiver by any party a Party of any a breach of or failure to perform this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachbreach or failure.

Appears in 8 contracts

Sources: Participating Provider Agreement, Participating Provider Agreement, Participating Provider Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 7 contracts

Sources: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparty or parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 7 contracts

Sources: Employment Agreement (Value America Inc /Va), Employment Agreement (Value America Inc /Va), Employment Agreement (Value America Inc /Va)

Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any other or subsequent breach.

Appears in 7 contracts

Sources: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be deemed effective unless made contained in a writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or against whom the waiver is sought to be enforced. No failure or delay by any party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy, and no waiver of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or failure to perform or of any other right arising under this Agreement.

Appears in 6 contracts

Sources: Limited Partnership Agreement, Limited Partnership Agreement (Atlantic Oklahoma Wind, LLC), Limited Partnership Agreement (Atlantic Oklahoma Wind, LLC)

Waiver. No Except as otherwise provided in Section 7(c), no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Sources: Employment Agreement (CRISPR Therapeutics AG), Employment Agreement (CRISPR Therapeutics AG), Employment Agreement (CRISPR Therapeutics AG)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 17.

Appears in 6 contracts

Sources: Executive Employment Agreement (IZEA Worldwide, Inc.), Employment Agreement (Centessa Pharmaceuticals PLC), Employment Agreement (COMPASS Pathways PLC)

Waiver. No waiver of any provision provisions hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Sources: Employment Agreement (Dover Saddlery Inc), Employment Agreement (Dover Saddlery Inc), Employment Agreement (Dover Saddlery Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Escrow Agreement, or the waiver by any party of any breach of this Escrow Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Sources: Asset Purchase Agreement (Locateplus Holdings Corp), Asset Purchase Agreement (American Real Estate Partners L P), Asset Purchase Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The waiver of any breach of this Agreement by either party or the failure of any either party to require the performance of any term or obligation of this Agreement, in whole or the waiver by in part, in any party of any breach of this Agreement, one instance shall not constitute a waiver of or prevent any subsequent enforcement of such term or obligation in another instance or be deemed a waiver of any subsequent breach.

Appears in 6 contracts

Sources: Stock Purchase Agreement (Chase Corp), Stock Purchase Agreement (Chase Corp), Release Agreement (Stanhome Inc)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 5 contracts

Sources: Resignation and Release Agreement (DCT Industrial Operating Partnership LP), Resignation and Release Agreement (DCT Industrial Trust Inc.), Resignation and Release Agreement (Amarin Corp Plc\uk)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party hereto to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of or non-performance under this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or non-performance.

Appears in 5 contracts

Sources: Sale Bonus Agreement (Independence Holding Co), Sale Bonus Agreement (Independence Holding Co), Sale Bonus Agreement (Independence Holding Co)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyExecutive and such officer as may be specifically designated by the Board. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 5 contracts

Sources: Change in Control Agreement (Washington Trust Bancorp Inc), Change in Control Agreement (Washington Trust Bancorp Inc), Executive Severance Agreement (Washington Trust Bancorp Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 16.

Appears in 5 contracts

Sources: Employment Agreement (Xeris Biopharma Holdings, Inc.), Employment Agreement (Xeris Biopharma Holdings, Inc.), Employment Agreement (SpringWorks Therapeutics, Inc.)

Waiver. No waiver of any provision hereof of this Agreement or any right or obligation of a Party shall be effective unless made in writing and signed by the waiving partyParties. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, enforce a right shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachwaiver.

Appears in 5 contracts

Sources: Manufacturing and Supply Agreement, Supply Agreement (Aimmune Therapeutics, Inc.), Supply Agreement (Aimmune Therapeutics, Inc.)

Waiver. No waiver by any party of any provision of the provisions hereof shall be effective unless made explicitly set forth in writing and signed by the waiving partyparty so waiving. The failure of any party to require the performance of any term or obligation of this Agreement, or the No waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfailure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Appears in 5 contracts

Sources: Platform & Services Agreement, Platform & Services Agreement, Platform & Services Agreement

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the Party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.

Appears in 4 contracts

Sources: Master Reseller Agreement, Master Reseller Agreement, Master Reseller Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementAgreement (including any of the Continuing Obligations), or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 4 contracts

Sources: Transitional Services and Separation Agreement (Irobot Corp), Transitional Services and Separation Agreement (Irobot Corp), Transitional Services and Separation Agreement (Irobot Corp)

Waiver. The failure of either Party to exercise any right conveyed hereunder shall not act as a waiver of that right. No waiver of any provision hereof shall be effective unless made in writing and signed by an authorized officer of the waiving partyParty charged with the waiver. The failure No waiver or breach of any party to require the performance of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed construed to be a waiver of any subsequent breachbreach of the same or any other provision.

Appears in 4 contracts

Sources: Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc), Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc), Marketing and Sales Distribution Alliance Agreement (Novadaq Technologies Inc)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 4 contracts

Sources: Employment Agreement (Dynatronics Corp), Employment Agreement (Dynatronics Corp), Confidentiality Agreement (Dynatronics Corp)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreementletter agreement, or the waiver by any party of any breach of this Agreementletter agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 4 contracts

Sources: Stay Bonus Agreement (Monarch Dental Corp), Stay Bonus Agreement (Monarch Dental Corp), Stay Bonus Agreement (Monarch Dental Corp)

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Appears in 4 contracts

Sources: Voting Agreement (Callon Petroleum Co), Voting Agreement (Jagged Peak, Inc.), Voting Agreement (Seagate Technology)

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the party waiving partysuch condition or breach. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement. Any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 4 contracts

Sources: Voting Agreement (Sipex Corp), Voting Agreement (Exar Corp), Voting Agreement (Exar Corp)

Waiver. No waiver of any provision hereof shall will be effective unless made documented in a writing and signed by an authorized representative of the waiving partyparty against which enforcement of the waiver is sought. The failure of any either party to require the insist upon strict performance of any term of the terms or obligation provisions of this the Agreement, or the waiver by any party exercise of any breach of this Agreementoption, right or remedy contained herein, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfuture application of such term, provision, option, right or remedy, and such term, provision, option, right or remedy shall continue and remain in full force and effect.

Appears in 4 contracts

Sources: Agreement for Disaster Recovery Facility Hosting, Master Services Agreement, Master Services Agreement

Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Sources: Employment Agreement (International Wireless Inc), Employment Agreement (International Wireless Inc), Non Competition Agreement (Nxtrend Technology Inc)

Waiver. No waiver of any provision hereof shall be effective unless ------- made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Sources: Change in Control Protection Agreement (Cooperative Bankshares Inc), Change in Control Protection Agreement (Cooperative Bankshares Inc), Change in Control Protection Agreement (Cooperative Bankshares Inc)

Waiver. No waiver of any provision hereof of this Agreement or of any rights or obligations of either party hereunder shall be effective unless made in writing and signed by the party waiving partycompliance. The failure Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing; no such waiver shall affect or impair the right of any the waiving party to require the observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachcondition.

Appears in 3 contracts

Sources: Collaboration Agreement (Poly Shield Technologies Inc.), Master Distributor Agreement (Poly Shield Technologies Inc.), Collaboration Agreement (Transact Energy Corp)

Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of any party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Appears in 3 contracts

Sources: Membership Agreement, Intellectual Property Rights Agreement, Stock Purchase Agreement (Ixia)

Waiver. No An effective waiver under this Agreement must be in writing signed by the party waiving its right. The failure of either party to require performance by the other party of any provision hereof shall be effective unless made in writing and signed by not affect the waiving party. The failure of any party full right to require the such performance of at any term or obligation of this Agreement, or time thereafter; nor shall the waiver by any either party of any a breach of this Agreement, shall not prevent any subsequent enforcement of such term provision hereof be taken or obligation or held to be deemed a waiver of subsequent breaches of that or any subsequent breachother provision hereof.

Appears in 3 contracts

Sources: Subscription License Agreement (Verticalnet Inc), Subscription License Agreement (Verticalnet Inc), Maintenance and Support Agreement (Verticalnet Inc)

Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and signed by the waiving partyParty. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any other or subsequent breach.

Appears in 3 contracts

Sources: Advisor Agreement (Buying.com LLC), License Acquisition Agreement (Buying.com LLC), Terms of Service

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Sources: Revenue Sharing Agreement, Grant Agreement, Grant Agreement

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by both of the waiving partyparties hereto. The failure waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by either party to require the performance of exercise any term right or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, privilege hereunder shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent breachtime or times hereunder.

Appears in 3 contracts

Sources: License Agreement (DMRC Corp), License Agreement (Digimarc CORP), License Agreement (DMRC Corp)

Waiver. a. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Sources: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement

Waiver. No waiver of a breach of any provision hereof shall be of this Agreement is effective unless made approved in writing and signed by the waiving party. The failure If a party at any time fails to demand strict performance by the other of any party to require of the performance of any term terms, covenants or obligation of conditions set forth in this Agreement, or the that waiver by any party of any breach of this Agreement, shall does not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any prior, concurrent, or subsequent breachbreach of the same or any other provision of this Agreement.

Appears in 3 contracts

Sources: License Agreement, License Agreement, Corporate Sponsorship Agreement (Torvec Inc)

Waiver. No Any failure of either Party to enforce any provision hereof shall not constitute a waiver by that Party of its right subsequently to enforce the same or any other provision hereof. The waiver of any provision hereof of this Agreement shall only be effective unless made if in writing and signed by the waiving party. The failure of any party Party claimed to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of have waived such term or obligation or be deemed a waiver of any subsequent breachprovision.

Appears in 3 contracts

Sources: Sublicense and Research Agreement (Xenon Pharmaceuticals Inc.), Commercialization Agreement (uniQure B.V.), Commercialization Agreement (uniQure B.V.)

Waiver. No The waiver by either party of a breach of any provision hereof contained herein shall not be effective unless made in writing and signed by on behalf of the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or against whom the waiver by any party of any breach of this Agreement, is asserted. Any waiver shall not prevent any subsequent enforcement of such term or obligation or in no way be deemed construed as a waiver of any subsequent breachsucceeding breach of such provision or the waiver of the provision itself.

Appears in 3 contracts

Sources: Concession and Lease Agreement, Concession and Lease Agreement, Independent Contractor Services Agreement (Triad Park LLC)

Waiver. No waiver Waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Sources: Severance Agreement, Senior Executive Severance Agreement (Gables Residential Trust), Senior Executive Severance Agreement (Gables Residential Trust)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party part to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 3 contracts

Sources: Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative), Employment Agreement (Old Dominion Electric Cooperative)

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Appears in 3 contracts

Sources: Software Evaluation Agreement, Software Evaluation Agreement, Software Evaluation Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ​

Appears in 3 contracts

Sources: Employment Agreement (MariaDB PLC), Employment Agreement (Rezolute, Inc.), Executive Employment Agreement (NRX Pharmaceuticals, Inc.)

Waiver. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or of any breach of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.

Appears in 2 contracts

Sources: Research Collaboration and License Agreement (Five Prime Therapeutics Inc), Research Collaboration and License Agreement (Five Prime Therapeutics Inc)

Waiver. No waiver of any provision hereof shall of Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreementherein, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.any

Appears in 2 contracts

Sources: Access Agreement, Access Agreement

Waiver. No failure or delay on the part of any Party in exercising any right, power or remedy hereunder will operate as a waiver thereof. No provision of this Agreement will be waived by any act, omission or knowledge of a Party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving Party. The waiver by either of the Parties of any breach of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party other Party will not be construed to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachsucceeding breach of such provision or a waiver of the provision itself.

Appears in 2 contracts

Sources: Evaluation Agreement (Fibrogen Inc), Evaluation Agreement (Fibrogen Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Transition Agreement, or the waiver by any party of any breach of this Transition Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Transition Agreement, Transition Agreement (Ansys Inc)

Waiver. No waiver of any provision hereof shall may be effective deemed to have been made unless made expressly in writing and signed by the waiving partyParty. The failure waiving by either Party of a breach or violation of any party to require the performance of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or violation of the same or other provision hereof. No failure by either Party to insist upon the strict performance of any provision of this Agreement may be construed as depriving that Party of the right to insist on strict performance of that provision or of any other provision in the future.

Appears in 2 contracts

Sources: Network Participant Memorandum Agreement, Services Agreement

Waiver. No waiver of any provision hereof provisions of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent or serve as a defense to any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Executive Retention and Severance Benefits Agreement (Eastern Bankshares, Inc.), Executive Severance Benefits Agreement (Eastern Bankshares, Inc.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 14.

Appears in 2 contracts

Sources: Employment Agreement (Crown Electrokinetics Corp.), Severance and Change in Control Agreement

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this ​ ​ Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Employment Agreement (InnovAge Holding Corp.), Employment Agreement (InnovAge Holding Corp.)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.the

Appears in 2 contracts

Sources: Employment Agreement (Optimark Technologies Inc), Employment Agreement (Optimark Technologies Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ​

Appears in 2 contracts

Sources: Employment Agreement (HOOKIPA Pharma Inc.), Employment Agreement (Aytu Biopharma, Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Stock Transfer and Option Agreement (Emcare Holdings Inc), Stock Transfer and Option Agreement (Emcare Holdings Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed assigned by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Employment Agreement (Littelfuse Inc /De), Employment Agreement (Littelfuse Inc /De)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Employment Agreement (BKF Capital Group Inc), Employment Agreement (BKF Capital Group Inc)

Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and is signed by the waiving partyparty asserted to have granted such waiver. The Neither the failure nor any delay on the part of a party to exercise any right, power or remedy under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any party to require right, power or remedy preclude any other or further exercise of the performance same or of any term other right, power or obligation remedy, nor shall any waiver of this Agreement, or the waiver by any party of accountability with respect to any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or provision be deemed as a waiver of the accountability with respect to the breach of such provision thereof and any subsequent breachother provision.

Appears in 2 contracts

Sources: Equipment Purchase Contract (China XD Plastics Co LTD), Equipment Purchase Contract (China XD Plastics Co LTD)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by an authorized representative of the waiving partyparty making such waiver. The No failure of any or successive failure by either party to require the performance of enforce any term covenant or obligation of this Agreementagreement, and no waiver or the waiver successive waivers by any either party of any breach condition of this Agreementagreement, shall not prevent any subsequent enforcement operate as a discharge of such term covenant, agreement or obligation conditions, or be deemed a waiver render the same invalid or impair either parties right to enforce the same in the event of any subsequent breachbreach by the other party.

Appears in 2 contracts

Sources: Purchase Agreement, Purchase Agreement

Waiver. No waiver of any provision hereof obligation by any party hereto under this Agreement shall be effective unless made in writing and signed writing, specifying such waiver, executed by the waiving partyparty making such waiver. The failure of any by either party to require enforce at any time or for any period any one or more of the performance terms or conditions of this Agreement shall not be a waiver of them or of the right at any term or obligation time subsequently to enforce all terms and conditions of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Exclusive Distribution Agreement (Zoo Entertainment, Inc), Exclusive Distribution Agreement (Zoo Entertainment, Inc)

Waiver. No waiver of any provision hereof term or condition of this Agreement shall be effective unless made executed in writing and signed by the waiving partyParty. The failure of any party to require No written waiver shall excuse the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, act other than those specifically referred to therein and shall not prevent any subsequent enforcement be deemed or construed to be a waiver of such term or obligation condition for the future or be deemed a waiver of any subsequent breachbreach thereof.

Appears in 2 contracts

Sources: Sponsorship and Naming Rights Agreement (Hall of Fame Resort & Entertainment Co), Sponsorship and Naming Rights Agreement (Hall of Fame Resort & Entertainment Co)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed failure or omission by the waiving party. The failure of any either party to require insist upon or enforce any of the performance of any term or obligation terms of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of such terms. Any waiver must be in writing, signed by an authorized representative of the party to be charged, in order to be effective. No waiver will be effective against any subsequent further breach.

Appears in 2 contracts

Sources: Aralast Promotion Agreement (Intermune Inc), Aralast Promotion Agreement (Intermune Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ACTIVE/91802714.1

Appears in 2 contracts

Sources: Change in Control Agreement (Alnylam Pharmaceuticals, Inc.), Change in Control Agreement (Alnylam Pharmaceuticals, Inc.)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The waiver of any breach of this Agreement by either party or the failure of any either party to require the performance of any term or obligation of this Agreement, in whole or the waiver by in part, in any party of any breach of this Agreementone instance, shall not constitute a waiver of or prevent any subsequent enforcement of such term or obligation in another instance or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Severance Agreement (Enesco Group Inc), Release Agreement (Enesco Group Inc)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party xxxxx of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Employment Agreement (Pasithea Therapeutics Corp.), Employment Agreement (180 Life Sciences Corp.)

Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Executive Employment Agreement (Einstein Noah Bagel Corp), Executive Employment Agreement (Einstein Noah Bagel Corp)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of or any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Executive Employment Agreement (United Bankshares Inc/Wv), Executive Employment Agreement (United Bankshares Inc/Wv)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in a writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Employment Agreement (Merchants Bancshares Inc), Employment Agreement (Merchants Bancshares Inc)

Waiver. No waiver of any provision hereof shall will be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, Agreement does not prevent subsequent enforcement of that term or the obligation. The waiver by any party of any breach of this Agreement, shall Agreement does not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of waive any subsequent breach.

Appears in 2 contracts

Sources: Employment Agreement (uniQure N.V.), Employment Agreement (uniQure N.V.)

Waiver. No waiver by a Party of any provision of the provisions hereof shall be effective unless made explicitly set forth in writing and signed by the waiving partyParty so waiving. The Waiver by either Party or the failure by either Party to claim a breach of any party provision of this Agreement shall not be deemed to require the performance constitute a waiver or estoppel with respect to any subsequent breach of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.provision hereof. (e)

Appears in 2 contracts

Sources: General Terms and Conditions, General Terms and Conditions

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 15.

Appears in 2 contracts

Sources: Employment Agreement (Phreesia, Inc.), Employment Agreement (Phreesia, Inc.)

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Separation Agreement (Farmer Brothers Co), Resignation Agreement (Farmer Brothers Co)

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 12.

Appears in 2 contracts

Sources: Employment Agreement (Carnegie Group Inc), Employment Agreement (Logica PLC / Eng)

Waiver. No waiver or modification of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Appears in 2 contracts

Sources: Employment Agreement (Stocker & Yale Inc), Employment Agreement (Stocker & Yale Inc)

OSZAR »