Waiver Contract Clauses (8,301)

Grouped Into 228 Collections of Similar Clauses From Business Contracts

This page contains Waiver clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Waiver. Landlord's waiver of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice that may evolve between the parties in the administration of the terms hereof be deemed a waiver of or in any way affect the right of Landlord to insist upon the performance by Tenant in strict accordance with said terms. The subsequent acceptance of R...ent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant, of any term, covenant, or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of such acceptance of such Rent. The consent or approval of Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts by the acting party. Acceptance of one or more rental or other payments after the dates when the same first became due or after the applicable grace period shall not prevent Landlord, with respect to subsequent payments, (a) from insisting upon prompt payment of all amounts due hereunder, (b) from insisting upon payment of the late fees provided for herein, or (c) from declaring an Event of Default hereunder. Without limiting the generality of the foregoing, no payment by Tenant or receipt by Landlord of a lesser amount than the full Rent then due shall be deemed to be other than on account of the earliest stipulated Rent due, nor shall any endorsement or statement on any check or any letter accompanying any check, or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided for in this Lease or available at law or in equity. Acceptance of Rent from another company or entity does not constitute consent to a purported sublease or assignment. View More
Waiver. Landlord's The waiver by either party of any breach of any term, covenant or condition herein contained shall will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall will any custom or practice that which may evolve develop between the parties in the administration of the terms hereof be deemed a waiver of or in any way affect the right of Landlord either party to insist upon the performance by Tenant in strict a...ccordance with said terms. The subsequent acceptance of Rent rent or any other payment hereunder by Landlord shall will not be deemed to be a waiver of any preceding breach by Tenant, Tenant of any term, covenant, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of such acceptance of such Rent. The consent or approval of Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts by the acting party. Acceptance of one or more rental or other payments after the dates when the same first became due or after the applicable grace period shall not prevent Landlord, with respect to subsequent payments, (a) from insisting upon prompt payment of all amounts due hereunder, (b) from insisting upon payment of the late fees provided for herein, or (c) from declaring an Event of Default hereunder. Without limiting the generality of the foregoing, no payment by Tenant or receipt rent. No acceptance by Landlord of a lesser amount sum than the full Rent basic rent and additional rent or other sum then due shall will be deemed to be other than on account of the earliest stipulated Rent installment of such rent or other amount due, nor shall will any endorsement or statement on any check or any letter accompanying any check, or payment check be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent installment or other amount or pursue any other remedy provided for in this Lease Lease. The consent or available at law approval of Landlord to or in equity. Acceptance of Rent from another company any act by Tenant requiring Landlord's consent or entity does approval will not constitute be deemed to waive or render unnecessary Landlord's consent or approval to a purported sublease or assignment. of any subsequent similar acts by Tenant. View More
Waiver. Landlord's The waiver by Landlord of any breach of any term, covenant or condition herein contained in this Lease shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, contained in this Lease, nor shall any custom or practice that may evolve between to which the parties may have adhered in the administration of the terms hereof of this Lease be deemed a waiver of or in any way affect the right of Landlord to insist upon... the performance by Tenant in strict accordance with said terms. the terms of this Lease. The subsequent acceptance of Rent hereunder rent under this Lease by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant, Tenant of any term, covenant, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of such acceptance of such Rent. The consent or approval of Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts by the acting party. Acceptance of one or more rental or other payments after the dates when the same first became due or after the applicable grace period shall not prevent Landlord, with respect to subsequent payments, (a) from insisting upon prompt payment of all amounts due hereunder, (b) from insisting upon payment of the late fees provided for herein, or (c) from declaring an Event of Default hereunder. Without limiting the generality of the foregoing, no payment by Tenant or receipt rent. No acceptance by Landlord of a lesser amount sum than the full Rent sum then due shall be deemed to be other than on account of the earliest stipulated Rent installment of such rent or other amount due, nor shall any endorsement or statement on any check or any letter accompanying any check, or payment check be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent installment or other amount or pursue any other remedy provided for in this Lease or available at law or in equity. Acceptance of Rent from another company or entity does not constitute consent to a purported sublease or assignment. Landlord. View More
Waiver. Landlord's The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, term. covenant or condition herein contained, nor shall any custom or practice that which may evolve grow up between the parties in the administration of the terms hereof be deemed a waiver of or in any way affect the right of Landlord to insist upon the performance by Tenant in strict accordance with said t...erms. The subsequent acceptance of Rent rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant, Tenant of any term, covenant, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of such acceptance of such Rent. The consent or approval of Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts by the acting party. Acceptance of one or more rental or other payments after the dates when the same first became due or after the applicable grace period shall not prevent Landlord, with respect to subsequent payments, (a) from insisting upon prompt payment of all amounts due hereunder, (b) from insisting upon payment of the late fees provided for herein, or (c) from declaring an Event of Default hereunder. Without limiting the generality of the foregoing, no payment by Tenant or receipt rent. No acceptance by Landlord of a lesser amount sum than the full Rent basic rental and additional rent or other sum then due shall be deemed to be other than on account of the earliest stipulated Rent installment of such rent or other amount due, nor shall any endorsement or statement on any check or any letter accompanying any check, or payment check be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent installment or other amount or pursue any other remedy provided for in this Lease or available at law or provided. 14 39. IDENTIFICATION OF TENANT. (Deleted in equity. Acceptance of Rent from another company or entity does not constitute consent to a purported sublease or assignment. its entirety.) View More
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Waiver. The Company's failure to enforce any provision of this Agreement shall not act as a waiver of that or any other provision. The Company's waiver of any breach of this Agreement shall not act as a waiver of any other breach.
Waiver. The Company's failure to enforce any provision of this Agreement shall will not act as a waiver of that or any other provision. The Company's waiver of any breach of this Agreement shall will not act as a waiver of any other breach.
Waiver. The Company's Any Party's failure to enforce any provision of this Agreement shall not act as a waiver of that or any other provision. The Company's Any Party's waiver of any breach of this Agreement shall not act as a waiver of any other breach.
Waiver. The Company's failure to enforce any provision of this Release Agreement shall will not act as a waiver of that or any other provision. The Company's waiver of any breach of this Release Agreement shall will not act as a waiver of any other breach.
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Waiver. The failure of the Company or any successor or assign, or you, to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Waiver. The failure of the Company or any successor or assign, or you, to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
Waiver. The failure of the Company or any successor or assign, or you, to enforce at any time any provision of this Agreement agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.
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Waiver. To induce the Administrative Agent, the other Agents, the Issuing Banks, the Swingline Lenders and the Lenders to enter into this Amendment, each Loan Party further acknowledges that it has no actual or potential defense, offset, claim, counterclaim or cause of action against the Administrative Agent or any other Agent or Lender for any actions or events occurring on or before the date hereof, and each Loan Party hereby waives and releases any right to assert same. 12 3. Headings. Section headin...gs in this Amendment are included herein for convenience of reference only, are not part of this Amendment and shall not affect the construction of, or be taken into consideration in interpreting, this Amendment. View More
Waiver. To induce the Administrative Agent, the other Agents, the Issuing Banks, the Swingline Lenders and the Lenders to enter into this Amendment, each Loan Party further acknowledges that it has no actual or potential defense, offset, claim, counterclaim or cause of action against the Administrative Agent or any other Agent or Lender for any actions or events occurring on or before the date hereof, Amendment No. 7 Effective Date, and each Loan Party hereby waives and releases any right to assert same.... 12 3. Headings. Section headings in this Amendment are included herein for convenience of reference only, are not part of this Amendment and shall not affect the construction of, or be taken into consideration in interpreting, this Amendment. View More
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Waiver. Borrower, endorsers, guarantors, and sureties of this Note hereby waive diligence, demand for payment, presentment for payment, protest, notice of nonpayment, notice of protest, notice of intent to accelerate, notice of acceleration, notice of dishonor, and notice of nonpayment, and all other notices or demands of any kind (except notices specifically provided for in the Loan Documents) and expressly agree that, without in any way affecting the liability of Borrower, endorsers, guarantors, or su...reties, the holder hereof may extend any maturity date or the time for payment of any installment due hereunder, otherwise modify the Loan Documents, accept additional security, release any Person liable, and release any security or guaranty. Borrower, endorsers, guarantors, and sureties waive, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense. View More
Waiver. Borrower, Maker, endorsers, guarantors, and sureties of this Note hereby waive diligence, demand for payment, presentment for payment, protest, notice of nonpayment, notice of protest, notice of intent to accelerate, notice of acceleration, notice of dishonor, and notice of nonpayment, and all other notices or demands of any kind (except notices specifically provided for in the Loan Documents) and expressly agree that, without in any way affecting the liability of Borrower, Maker, endorsers, gua...rantors, or sureties, the holder hereof sureties of this Note, Holder may extend any maturity date Maturity Date or the time for payment of any installment due hereunder, otherwise modify the Loan Documents, accept additional security, release any Person person liable, and release any security or guaranty. Borrower, guaranty without giving notice to or obtaining the consent of such endorsers, guarantors or sureties. Maker, endorsers, guarantors, and sureties waive, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense. 4 11. NO CHANGE, DISCHARGE, TERMINATION, OR WAIVER. No provision of this Note may be changed, discharged, terminated, or waived except in a writing signed by the party against whom enforcement of the change, discharge, termination, or waiver is sought. No failure on the part of Holder to exercise, and no delay by Holder in exercising, any right or remedy under this Note, under the other Loan Documents or under applicable law operates as a waiver thereof. View More
Waiver. Borrower, endorsers, guarantors, and sureties of this Note Borrower hereby waive waives diligence, demand for payment, presentment for payment, protest, notice of nonpayment, notice of protest, notice of intent to accelerate, notice of acceleration, notice of dishonor, and notice of nonpayment, and all other notices or demands of any kind (except notices specifically provided for in the Loan Documents) herein) and expressly agree agrees that, without in any way affecting the liability of Borrowe...r, endorsers, guarantors, the Lender or sureties, the holder hereof may extend any maturity date or the time for payment of any installment due hereunder, otherwise modify the Loan Documents, accept additional security, this Note, release any Person person liable, and release any security or guaranty. Borrower, endorsers, guarantors, and sureties waive, Borrower waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense. View More
Waiver. Borrower, Debtor, endorsers, guarantors, and sureties of this Note hereby waive diligence, demand for payment, presentment for payment, protest, notice of nonpayment, notice of protest, notice of intent to accelerate, notice of acceleration, notice of dishonor, and notice of nonpayment, and all other notices or demands of any kind (except notices specifically provided for in the Loan Settlement Documents) and expressly agree that, without in any way affecting the liability of Borrower, Debtor, e...ndorsers, guarantors, or sureties, the holder hereof may extend any maturity date or the time for payment of any installment due hereunder, otherwise modify the Loan Settlement Documents, accept additional security, release any Person person liable, and release any security or guaranty. Borrower, Debtor, endorsers, guarantors, and sureties waive, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense. View More
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Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach hereof shall constitute a waiver of any such breach or of any other covenant, agreement, term or condition.
Waiver. No failure by any Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy Page 10 consequent upon a breach hereof shall constitute a waiver of any such breach or of any other covenant, agreement, term or condition.
Waiver. No failure by any either Party to insist upon the strict performance of any covenant, duty, agreement agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach hereof thereof shall constitute a waiver of any such breach or of any other covenant, duty, agreement, term or condition.
Waiver. No failure by any Party party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach hereof thereof shall constitute a waiver of any such breach or of any other covenant, agreement, term duty, agreement or condition.
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Waiver. No waiver by any party at any time of any breach by the other party of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of any other provisions or conditions at the same time or at any prior or subsequent time.
Waiver. No waiver by any either party at any time of any breach by the other party of, or compliance with, of any condition or provision of this Separation Agreement to be performed by such other party shall be deemed a waiver of any other provisions provision or conditions condition at the same time or at any prior or subsequent time.
Waiver. No waiver by any party at any time of any breach by the any other party of, or compliance with, any condition or provision of this Agreement Plan to be performed by such any other party shall be deemed a waiver of any other provisions or conditions at the same time or at any prior or subsequent time.
Waiver. No waiver by any either party at any time of any breach by the other party of, or compliance with, of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of any other provisions provision or conditions condition at the same time or at any prior or subsequent time.
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Waiver. The waiver of a breach of any term or provision of this Agreement shall not operate as or be construed to be a waiver of any other or subsequent breach of this Agreement.
Waiver. The waiver of a the breach of any term or provision of this Agreement shall not operate as or be construed to be a waiver of any other or subsequent breach of this Agreement.
Waiver. The waiver of a the breach of any term or provision of this Agreement shall not operate as or be construed to be a waiver of any other or subsequent breach of this Agreement.
Waiver. The waiver of a the breach of any term or provision of this Agreement shall not operate as or be construed to be a waiver of any other or subsequent breach of this Agreement.
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Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Waiver. No failure waiver by either any party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall to be performed by any other party hereto may be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.
Waiver. No failure waiver by either any party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall to be performed by any other party hereto may be deemed a waiver of similar or dissimilar provisions or conditions at the same time or at any prior or subsequent time.
Waiver. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. time or (ii) preclude insistence upon strict compliance in the future.
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Waiver. Participant acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by Participant or any other Participant. A-7 EXHIBIT B LRAD CORPORATION2015 EQUITY INCENTIVE PLANEXERCISE NOTICE LRAD Corporation 16990 Goldentop Road, Suite A San Diego, CA 92127 Attention: Stock Administration 1. Exercise of Option. Effective as of today, _____________, _________, t...he undersigned ("Purchaser") hereby elects to purchase _____________ shares (the "Shares") of the Common Stock of LRAD Corporation (the "Company") under and pursuant to the 2015 Equity Incentive Plan (the "Plan") and the Stock Option Agreement dated _____________, _________ (the "Agreement"). The purchase price for the Shares will be $____________, as required by the Agreement. View More
Waiver. Participant acknowledges You and the Company acknowledge that a waiver by the Company of any breach of any provision of this Award Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, Award Agreement or of any subsequent breach of this Award Agreement. No waiver of any provision of this Award Agreement shall be effective unless such a waiver is expressly agreed upon in a writing that is signed by Participant or any other Participant. A-7 EXHIBIT B LRA...D CORPORATION2015 EQUITY INCENTIVE PLANEXERCISE NOTICE LRAD Corporation 16990 Goldentop Road, Suite the party against whom it is sought to be enforced. _________________________________________ Employee Signature _________________________________________ Date ___________________________ Company Signature ___________________________ DateEXHIBIT A San Diego, CA 92127 Attention: – November Stock Administration 1. Exercise Grant Stock Grant of Option. Shares. The Employee is eligible for a Stock Grant pursuant to the offer of employment. Effective as of today, _____________, _________, [Insert date], the undersigned ("Purchaser") hereby elects Company grants to purchase _____________ shares (the "Shares") Employee [Insert value] worth of restricted Shares of its Class B common stock, subject to the terms and conditions of the Common Stock Plan, the Award Agreement, the Employment Agreement and this Exhibit B. The number of LRAD Corporation Shares granted will be equal to the equity grant value divided by the closing price of the Company's Class B Shares on [Insert date] (the "Company") under "Grant Date"), and rounded up the nearest whole share amount. Time-Based Vesting Criteria. The restricted Class B shares of common stock issued pursuant to the 2015 Equity Incentive Plan Stock Grant shall vest, subject to your continued employment, as of [Insert date]. Upon vesting, the Executive shall be eligible to receive all dividends earned on the shares during the applicable vesting period. Accelerated Vesting. Should Employee's employment with the Company be terminated by either the Company or the Employee prior to [Insert date], the Employee's rights to any portion of the unvested Stock Grant shall be forfeited. EX-10.13 5 exhibit1013.htm PROTECTIVE INSURANCE CORPORATION LONG-TERM INCENTIVE PLAN AWARD AGREEMENT This Award Agreement (this "Award Agreement"), and including any Exhibit attached hereto (the "Plan") "Exhibit"), is made and the Stock Option Agreement dated _____________, _________ entered into as of ]Insert date], by and between Protective Insurance Corporation, an Indiana corporation (the "Agreement"). The purchase price for the Shares will be $____________, as required by the Agreement. "Company"), and [Insert employee name] (the "Employee" or "you"). View More
Waiver. Participant acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by Participant or any other Participant. A-7 EXHIBIT Service Provider. A-4 Exhibit 10.424.Insider Trading Restrictions/Market Abuse Laws. Participant acknowledges that, depending on Participant's country of residence, Participant may be subject to insider trading restrictions and/or m...arket abuse laws, which affect Participant's ability to acquire or sell Shares or rights to Shares under the Plan during such times as Participant is considered to have "inside information" regarding the Company (as defined by the laws in Participant's country). Any restrictions under these laws or regulations are separate from and in addition to any restrictions that may be imposed under any applicable Company insider trading policy. Participant is responsible for complying with any applicable restrictions and are advised to speak with a personal legal advisor on this matter. A-5 Exhibit 10.4Exhibit B LRAD CORPORATION2015 ARLO TECHNOLOGIES, INC. 2018 EQUITY INCENTIVE PLANEXERCISE PLAN EXERCISE NOTICE LRAD Corporation 16990 Goldentop Road, Arlo Technologies, Inc. 2200 Faraday Ave. Suite A San Diego, 150 Carlsbad, CA 92127 92008 Attention: Stock Administration 1. Exercise Administrator 1.Exercise of Option. Effective as of today, _____________, _________, ________________, _____, the undersigned ("Purchaser") hereby elects to purchase _____________ ______________ shares (the "Shares") of the Common Stock common stock of LRAD Corporation Arlo Technologies, Inc. (the "Company") under and pursuant to the 2015 2018 Equity Incentive Plan (the "Plan") and the Stock Option Agreement dated _____________, _________ ________ (the "Agreement"). The purchase price for the Shares will be $____________, $_____________, as required by the Agreement. View More
Waiver. Participant acknowledges that a The waiver by the Company of breach of with respect to compliance with any provision of this Agreement by Participant shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by Participant or of any other Participant. A-7 provision of this Agreement.   -9- EXHIBIT B LRAD CORPORATION2015 PACIFIC BIOSCIENCES OF CALIFORNIA, INC. 2010 EQUITY INCENTIVE PLANEXERCISE PLAN EXERCISE NOTICE LRAD Corporation 16990... Goldentop Road, Suite A San Diego,  Pacific Biosciences of California, Inc. 1305 O'Brien Drive Menlo Park, CA 92127 94025 Attention: Stock Administration Chief Financial Officer  1. Exercise of Option. Effective as of today, _____________, _________, ________________, _____, the undersigned ("Purchaser") hereby elects to purchase _____________ ______________ shares (the "Shares") of the Common Stock of LRAD Corporation Pacific Biosciences of California, Inc. (the "Company") under and pursuant to the 2015 2010 Equity Incentive Plan (the "Plan") and the Stock Option Award Agreement dated _____________, _________ ________ (the "Agreement"). "Award Agreement"), which includes the Notice of Stock Option Grant, the Terms and Conditions of Stock Option Grant attached as Exhibit A thereto, the Additional Terms and Conditions of Stock Option Grant Outside the U.S. attached as Exhibit C thereto, and any other exhibits attached thereto. The purchase price for the Shares will be $____________, US$_____________, as required by the Award Agreement. View More
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