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Waiver

Affirmative Waivers. Neither party's failure or neglect to enforce any rights under this agreement will be deemed to be a waiver of that party's rights.

Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.

No General Waivers. A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.

No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.


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Neutral Exchange Agreements Waiver
Merger Agreement
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Waiver and Extension

Ability to Waive or Extend. Before the Effective Time, the parties may, to the extent allowed by law: 

extend the time for the performance of any of the obligations or other acts of the other parties; 

waive any inaccuracies or untruthfulness in the representations and warranties in this agreement or in any document delivered under this agreement; and

waive compliance with any of the covenants, agreements, or conditions contained in this agreement. 

Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.

No General Waivers. A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.

No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.


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Neutral Merger Agreement Waiver
Concise
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Waiver. The failure or neglect by a party to enforce any of rights under this agreement will not be deemed to be a waiver of that party's rights. 


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Waiver

About

  • Clause Taxonomy: Waiver
  • Organization: Public
  • Updated: 01/23/2018
  • Rating

Overview

The WaiverNo Waiver, or Waiver and Extension clause aims to ensure that a party's failure to enforce its contractual rights, whether intentionally or by oversight, does not result in a waiver of those rights or remedies for their breach.

A party may decide not to strictly enforce the provisions of the contract on a particular occasion or under certain circumstances. It might, for example, accept late payments without insisting on an agreed-upon penalty, or allow the other party to send goods of a different quality on occasion. 

At its most basic, the Waiver clause provides that a party does not waive its rights to insist upon strict compliance with terms of the contract in the future simply because it has deviated from the enforcement of those terms in the past. A more complex Waiver and Extension clause will also make the parties right to extend or waive explicit, provide any limitations on that right, obligations, conditions, or time frames that cannot be extended or waived, and how extensions and waivers are executed.