Grouped Into 94 Collections of Similar Clauses From Business Contracts
This page contains No Waiver clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
No Waiver. The execution of this Amendment and the acceptance of all other agreements and instruments related hereto shall not be deemed to be a waiver of any Default or Event of Default under the Credit Agreement or a waiver of any breach, default or event of default under any Loan Document or other document held by Lender, whether or not known to Lender and whether or not existing on the date of this Amendment. 2 WFBC/Coupons.com Incorporated First Amendment to Credit and Security Agreement and Consent 9.... Release. Borrower hereby absolutely and unconditionally releases and forever discharges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, employees, and attorneys of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Borrower has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Borrower in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention Borrower waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.View More
No Waiver. The Except as otherwise provided in Section 9 above, the execution of this Amendment and the acceptance of all other agreements and instruments related hereto shall not be deemed to be a waiver of any Default or Event of Default under the Credit Agreement or a waiver of any breach, default or event of default under any Loan Document or other document held by Lender, Default, whether or not known to Lender and whether or not existing on the date of this Amendment. 2 WFBC/Coupons.com Incorporated ...First Amendment to Credit and Security Agreement and Consent 9. 4 16. Release. (a) Each Borrower hereby absolutely and unconditionally releases and forever discharges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, employees, agents and attorneys employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which any Borrower has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It Each Borrower certifies that it has read the following provisions of California Civil Code Section 1542: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. (b) Each Borrower understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that even if it should eventually suffer additional damages arising out of the facts referred to above, it will not be able to make any claim for those damages. Furthermore, each Borrower acknowledges that it intends these consequences even as to claims for damages that may exist as of the date of this release but which it does not know exist, and which, if known, would materially affect its decision to execute this Agreement, regardless of whether its lack of knowledge is the intention result of the Borrower in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention Borrower waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The parties acknowledge that each may hereafter discover facts different from ignorance, oversight, error, negligence, or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. other cause. View More
No Waiver. The execution of this Amendment and the acceptance of all other agreements and instruments related hereto shall not be deemed to be a waiver of any Default or Event of Default under the Credit Agreement Agreements or a waiver of any breach, default or event of default under any Loan Security Document or other document held by Lender, Wells Fargo, whether or not known to Lender Wells Fargo and whether or not existing on the date of this Amendment. 2 WFBC/Coupons.com Incorporated First Amendment t...o Credit 4 8. Release. Company and Security the Guarantor signing the Acknowledgment and Agreement and Consent 9. Release. Borrower of Guarantor set forth below hereby absolutely and unconditionally releases release and forever discharges Lender, discharge Wells Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, employees, attorneys, and attorneys employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Borrower Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Borrower Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention Borrower the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. View More
No Waiver. The parties recognize and acknowledge that by entering into this Agreement, the Lender is not waiving any rights or remedies it may have under the Purchase Agreement or any of the Transaction Documents, any defaults or Events of Default arising thereunder, or any judgments previously obtained by Lender in connection therewith, if any. In addition, notwithstanding anything contained in this Agreement to the contrary, the Lender shall have the right, at any time, to accept payment in full of the t...hen outstanding Remaining Debt, and in such event, Lender shall have the absolute right to terminate this Agreement, without liability to Assignee or any other Person, with respect to any portion of the Assigned Debt not yet sold and assigned to Assignee as of such date.View More
No Waiver. The parties recognize and acknowledge that by entering into this Agreement, the Lender is not waiving any rights or remedies it may have under the Purchase Agreement or any of the Transaction Loan Documents, any defaults or Events of Default arising thereunder, or any judgments previously obtained by Lender in connection therewith, if any. therewith. In addition, notwithstanding anything contained in this Agreement to the contrary, the Lender shall have the right, at any time, to to: (i) accept ...payment payments (whether in full or partial payments) of the then outstanding Remaining Debt, or any portion of the Assigned Debt not assigned at any Purchase Tranche Closing, whether such payments are made by the Borrower, or any other Person (whether in connection with such other Person's purchase of all or any portion of the then outstanding Remaining Debt, or any portion of the Assigned Debt not assigned at any Purchase Tranche Closing, or otherwise); or (ii) enter into agreements with Borrower or any other Person for payments to be made to Lender by Borrower or any other Person at such later dates and under such terms and conditions as Lender may elect in its sole and absolute discretion, and in any of such event, events, or for any other reason whatsoever, in Lender's sole and absolute discretion, Lender shall have the absolute right to terminate this Agreement, Agreement upon written notice to Assignee, without liability to Assignee or any other Person, with respect to any portion of the Assigned Debt not yet sold and assigned to Assignee as of such date. View More
No Waiver. The parties recognize and acknowledge that by entering into this Agreement, the Lender is not waiving any rights or remedies it may have under the Purchase Agreement or any of the Transaction Loan Documents, any defaults or Events of Default arising thereunder, or any judgments previously obtained by Lender in connection therewith, if any. therewith. In addition, notwithstanding anything contained in this Agreement to the contrary, the Lender shall have the right, at any time, to accept payment ...in full of the then outstanding Remaining Debt, or any portion of the Assigned Debt not assigned at any Purchase Tranche Closing, and in such event, Lender shall have the absolute right to terminate this Agreement, without liability to Assignee or any other Person, with respect to any portion of the Assigned Debt not yet sold and assigned to Assignee as of such date. 8 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws governing the Second Replacement Note. View More
No Waiver. The execution and delivery of this Amendment shall not constitute a waiver of a past default under the Third Amended and Restated Pooling and Servicing Agreement or impair any right consequent thereon.
No Waiver. The execution and delivery of this Amendment No. 2 shall not constitute a waiver of a past default under the Third Amended and Restated Pooling Transfer and Servicing Agreement or impair any right consequent thereon.
No Waiver. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. 10 16. NOTICE OF LEGAL ACTIONS. Each party hereto shall, within five (5) Business Days of receipt thereof, give written notice to the other party hereto of (i) any notice, advice or other communication from any governmental entity or any source whatsoever with respect to Hazardous Substances on, from or affecting the Property, and (ii...) any legal action brought against such party or related to the Property, with respect to which Indemnitor may have liability under this Agreement. Such notice shall comply with the provisions of Section 20 hereof.View More
No Waiver. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. 10 16. NOTICE OF LEGAL ACTIONS. 15. Notice of Legal Actions. Each party hereto shall, within five (5) Business Days of receipt thereof, give written notice to the other party hereto of (i) any notice, advice or other communication from any governmental entity Governmental Authority or any source whatsoever with respect to Hazardous Su...bstances on, from or affecting the Property, and (ii) any legal action brought against such party or related to the Property, with respect to which Indemnitor may have liability under this Agreement. Such notice shall comply with the provisions of Section 20 19 hereof. View More
No Waiver. No delay by any Indemnified Party in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. 10 16. NOTICE OF LEGAL ACTIONS. 11 15. Notice of Legal Actions. Each party hereto shall, within five (5) Business Days ten (10) business days of receipt thereof, give written notice to the other party parties hereto of (i) any notice, advice or other communication written notice from any governmental entity Governmental Authority or a...ny source whatsoever with respect to Hazardous Substances on, from or affecting the Property, Property in violation of Environmental Law, and (ii) any legal action Legal Action brought against such party or related to the Property, with respect to which Indemnitor Borrower may have liability under this Agreement. Such notice shall comply with the provisions of Section 20 16 hereof. View More
No Waiver. The rights and remedies of the Holder expressly set forth in this Note are cumulative and in addition to, and not exclusive of, all other rights and remedies available at law, in equity or otherwise. No failure or delay on the part of the Holder in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or priv...ilege or be construed to be a waiver of any Event of Default. No course of dealing between the Company and the Holder or their agents or employees shall be effective to amend, modify or discharge any provision of this Note or to constitute a waiver of any Event of Default. No notice to or demand upon Company in any case shall entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of the Holder to exercise any right or remedy or take any other or further action in any circumstances without notice or demand.View More
No Waiver. The rights and remedies of the Holder Holders expressly set forth in this Note are cumulative and in addition to, and not exclusive of, all other rights and remedies available at law, in equity or otherwise. No failure or delay on the part of the Holder Holders in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any 32 such right, power or privilege preclude any other or further exercise thereof or the exercise of any other r...ight, power or privilege or be construed to be a waiver of any Event of Default. No course of dealing between the Company Issuer and the Holder Holders or their agents or employees shall be effective to amend, modify or discharge any provision of this Note or to constitute a waiver of any Event of Default. No notice to or demand upon Company Issuer in any case shall entitle Company Issuer to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of the Holder Holders to exercise any right or remedy or take any other or further action in any circumstances without notice or demand. View More
No Waiver. The rights and remedies of the Holder Lender expressly set forth in this Note Agreement and the other Loan Documents are cumulative and in addition to, and not exclusive of, all other rights and remedies available at law, in equity or otherwise. No failure or delay on the part of the Holder Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise ther...eof or the exercise of any other right, power or privilege or be construed to be a waiver of any Default or Event of Default. No course of dealing between the Company Pledgors and the Holder Lender or their agents or employees shall be effective to amend, modify or discharge any provision of this Note Agreement or any other Loan Document or to constitute a waiver of any Default or Event of Default. No notice to or demand upon Company the Pledgor in any case shall entitle Company the Pledgor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of the Holder any Lender to exercise any right or remedy or take any other or further action in any circumstances without notice or demand. 12 17. [Intentionally deleted]. View More
No Waiver. Waiver by a Party of any breach of any provision of this Settlement Agreement by another Party shall not operate or be construed as a waiver of any subsequent or other breach. No provision of this Settlement Agreement may be waived except by a written instrument signed by the Party waiving compliance. Confidential Settlement Agreement 20. Regulatory Delay. No provision of this Settlement Agreement shall be affected by any delay in the approval of the Par ANDA by the FDA, or the failure of Par to... obtain FDA approval of the Par ANDA.View More
No Waiver. Waiver by a Party of any breach of any provision of this Settlement Agreement by another Party shall not operate or be construed as a waiver of any subsequent or other breach. No provision of this Settlement Agreement may be waived except by a written instrument signed by the Party waiving compliance. Confidential Settlement Agreement 20. EXECUTION VERSION 22. Regulatory Delay. No provision of this Settlement Agreement shall be affected by any delay in the approval of the Par Lupin ANDA by the F...DA, or the failure of Par Lupin to obtain FDA approval of the Par Lupin ANDA. View More
No Waiver. No delay or omission on the part of the Trustee or any of the Holders in exercising any rights hereunder shall operate as a waiver of such rights or any other rights, and no waiver of any right on any one occasion shall result in a waiver of such right on any future occasion or of any other rights; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.
No Waiver. No delay or omission on the part of the Trustee or any of the Holders Preferred Members in exercising any rights hereunder shall operate as a waiver of such rights or any other rights, and no waiver of any right on any one occasion shall result in a waiver of such right on any future occasion or of any other rights; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.
No Waiver. No delay or omission on the part of the Trustee Term Loan Agent, the Revolving Agent or any of the Holders Lender in exercising any rights hereunder shall operate as a waiver of such rights or any other rights, and no waiver of any right on any one occasion shall result in a waiver of such right on any future occasion or of any other rights; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.
No Waiver. Nothing contained herein shall be deemed to (i) constitute a waiver of any Default or Event of Default that may heretofore or hereafter occur or have occurred and be continuing or, except as expressly provided herein, to otherwise modify any provision of the Original Credit Agreement, or (ii) give rise to any defenses or counterclaims to Administrative Agent's or any of the Lenders right to compel payment of the Obligations when due or to otherwise enforce their respective rights and remedies un...der the Credit Agreement and the other Loan Documents.View More
No Waiver. Nothing contained herein in this First Amendment shall be deemed to (i) constitute a waiver of any Default or Event of Default that may heretofore or hereafter occur or have occurred and be continuing or, except as expressly provided herein, or to otherwise modify any provision of the Original Credit Agreement, Agreement or any other Loan Document, or (ii) give rise to any defenses or counterclaims to the Administrative Agent's or any of the Lenders Lenders' right to compel payment of the Obliga...tions when due or to otherwise enforce their respective rights and remedies under the Credit Agreement and the other Loan Documents. View More
No Waiver. Nothing contained herein shall be deemed to (i) constitute a waiver of any Default or Event of Default that may heretofore or hereafter occur or have occurred and be continuing or, except as expressly provided herein, to otherwise modify any provision of the Original Credit Agreement, Agreement or other Loan Document, or (ii) give rise to any defenses or counterclaims to Administrative Agent's or any of the Lenders Lender's right to compel payment of the Obligations when due or to otherwise enfo...rce their respective its rights and remedies under the Credit Agreement and the other Loan Documents. View More
No Waiver. No waiver by any party of any breach of, or of compliance with, any condition or provision of this Agreement by another party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
No Waiver. No waiver by any party Executive or Sonic of any breach of, or of compliance with, any condition or provision of this Agreement by another the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
No Waiver. No waiver by any party Executive or the Company of any breach of, or of compliance with, any condition or provision of this Agreement by another the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
No Waiver. Either party's failure to declare a default immediately upon its occurrence or delay in taking action for a default shall not constitute a waiver of the default, nor shall it constitute an estoppel. Except as expressly provided otherwise herein, either party's failure to enforce its rights for a default shall not constitute a waiver of its rights regarding any subsequent default.
No Waiver. Either party's failure to declare a default immediately upon its occurrence occurrence, or delay in taking action for a default shall not constitute a waiver of the default, nor shall it constitute an estoppel. Except as expressly provided otherwise herein, either Either party's failure to enforce its rights for a default shall not constitute a waiver of its rights regarding any subsequent default. Receipt by Landlord of Tenant's keys to the Premises shall not constitute an acceptance or surrend...er of the Premises. View More
No Waiver. Either party's failure to declare a default immediately upon its occurrence occurrence, or delay in taking action for a default shall not constitute a waiver of the default, nor shall it constitute an estoppel. Except as expressly provided otherwise herein, either Either party's failure to enforce its rights for a default shall not constitute a waiver of its rights regarding any subsequent default. Receipt by Landlord of Tenant's keys to the Premises shall not constitute an acceptance or surrend...er of the Premises. View More
No Waiver. Either party's failure to declare a default immediately upon its occurrence occurrence, or delay in taking action for a default shall not constitute a waiver of the default, nor shall it constitute an estoppel. Except as expressly provided otherwise herein, either Either party's failure to enforce its rights for a default shall not constitute a waiver of its rights regarding any subsequent default. Receipt by Landlord of Tenant's keys to the Premises shall not constitute an acceptance or surrend...er of the Premises. View More
