Common use of Failure to Enforce Not a Waiver Clause in Contracts

Failure to Enforce Not a Waiver. The failure of the Company 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.

Appears in 598 contracts

Sources: Restricted Stock Unit Award Agreement (Ribbon Communications Inc.), Restricted Stock Unit Award Agreement, Performance Stock Units Award Agreement (Borgwarner Inc)

Failure to Enforce Not a Waiver. The failure of the Company or the Grantee 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.

Appears in 84 contracts

Sources: Restricted Stock Unit Agreement (Guess Inc), Performance Share Award Agreement (Guess Inc), Restricted Stock Unit Agreement (Guess Inc)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 82 contracts

Sources: Non Qualified Stock Option Agreement (Surgical Care Affiliates, Inc.), Director Nonqualified Stock Option Agreement (Helmerich & Payne, Inc.), Nonqualified Stock Option Agreement (Helmerich & Payne, Inc.)

Failure to Enforce Not a Waiver. The Company’s failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be does not constitute a waiver of such that provision or of any other provision hereofof this Agreement.

Appears in 65 contracts

Sources: Stock Option Award Agreement (Estee Lauder Companies Inc), Restricted Stock Unit Award Agreement (Estee Lauder Companies Inc), Restricted Stock Unit Award Agreement (Estee Lauder Companies Inc)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Share Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 51 contracts

Sources: Restricted Share Agreement (Brookdale Senior Living Inc.), Restricted Share Agreement (El Pollo Loco Holdings, Inc.), Restricted Share Agreement (El Pollo Loco Holdings, Inc.)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 43 contracts

Sources: Director Restricted Stock Agreement (O Reilly Automotive Inc), Restricted Stock Agreement (Selective Insurance Group Inc), Restricted Stock Agreement (Selective Insurance Group Inc)

Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 36 contracts

Sources: Restricted Stock Agreement (Citizens & Northern Corp), Restricted Stock Agreement (Citizens & Northern Corp), Restricted Stock Agreement (Citizens & Northern Corp)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Stock Unit Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 29 contracts

Sources: Restricted Stock Unit Agreement (Selective Insurance Group Inc), Restricted Stock Unit Agreement (Selective Insurance Group Inc), Non Employee Director Restricted Stock Unit Agreement (Selective Insurance Group Inc)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement agreement shall in no way manner be construed to be a waiver of such provision or of any other provision hereof.

Appears in 19 contracts

Sources: Stock Option Grant Agreement (Seacor Holdings Inc /New/), Stock Option Agreement (Estee Lauder Companies Inc), Stock Option Agreement (Estee Lauder Companies Inc)

Failure to Enforce Not a Waiver. The failure of the Company Corporation 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.

Appears in 18 contracts

Sources: Stock Option Agreement (Bard C R Inc /Nj/), Stock Option Agreement (Bard C R Inc /Nj/), Stock Option Agreement (Bard C R Inc /Nj/)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement Option shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 17 contracts

Sources: Stock Option Agreement (Demegen Inc), Stock Option Agreement (Demegen Inc), Stock Option Agreement (Demegen Inc)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this the Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 16 contracts

Sources: Executive Performance Rsu Agreement (Fuel Tech, Inc.), Executive Performance Rsu Agreement (Fuel Tech, Inc.), Executive Performance Rsu Award Agreement (Fuel Tech, Inc.)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement or the Plan shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 14 contracts

Sources: Nonqualified Stock Option Agreement (Health Net Inc), Nonqualified Stock Option Agreement (Health Net Inc), Nonqualified Stock Option Agreement (Health Net Inc)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way manner be construed to be a waiver of such provision or of any other provision hereof.

Appears in 14 contracts

Sources: Stock Option Grant Agreement (Bristow Group Inc.), Stock Option Grant Agreement (Bristow Group Inc.), Director Stock Option Grant Agreement (SEACOR Marine Holdings Inc.)

Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 12 contracts

Sources: Stock Option Agreement (Citizens & Northern Corp), Incentive Stock Option Agreement (Citizens & Northern Corp), Incentive Stock Option Agreement (Citizens & Northern Corp)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this the Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 11 contracts

Sources: Cashless International Stock Option Agreement (Kinetic Concepts Inc), Nonqualified Stock Option Agreement (Kinetic Concepts Inc), International Stock Option Agreement (Kinetic Concepts Inc)

Failure to Enforce Not a Waiver. The failure of the Company 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.

Appears in 10 contracts

Sources: Performance Based Restricted Stock Unit Agreement (First Business Financial Services, Inc.), Restricted Stock Agreement (First Business Financial Services, Inc.), Restricted Stock Unit Agreement (First Business Financial Services, Inc.)

Failure to Enforce Not a Waiver. The failure of the Company or Optionee 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.

Appears in 10 contracts

Sources: Stock Option Agreement (CervoMed Inc.), Stock Option Agreement (CervoMed Inc.), Stock Option Agreement (Diffusion Pharmaceuticals Inc.)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement or the Plan shall in no way be construed to be a waiver of such provision or of any other provision hereofhereof or thereof.

Appears in 9 contracts

Sources: Nonqualified Stock Option Agreement (Health Net Inc), Nonqualified Stock Option Agreement (Health Net Inc), Nonqualified Stock Option Agreement (Health Net Inc)

Failure to Enforce Not a Waiver. The failure of the Company or an Affiliate 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.

Appears in 7 contracts

Sources: Employee Restricted Stock Unit Award Agreement (American Equity Investment Life Holding Co), Employee Restricted Stock Unit Award Agreement (American Equity Investment Life Holding Co), Employee Restricted Stock Unit Award Agreement (American Equity Investment Life Holding Co)

Failure to Enforce Not a Waiver. The failure of the Company or the Optionee to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 7 contracts

Sources: Non Qualified Stock Option Agreement (Petco Holdings Inc), Non Qualified Stock Option Agreement (Petco Holdings Inc), Stock Option Agreement (General Nutrition Centers Inc)

Failure to Enforce Not a Waiver. The failure of the Company to ------------------------------- enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 7 contracts

Sources: Employment Agreement (Master Graphics Inc), Employment Agreement (Master Graphics Inc), Incentive Stock Option Agreement (Petsmart Com Inc)

Failure to Enforce Not a Waiver. The failure of the Company or the Grantee to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 6 contracts

Sources: Nonqualified Stock Option Agreement (Guess Inc), Nonqualified Stock Option Agreement (Guess Inc), Nonqualified Stock Option Agreement (Guess Inc)

Failure to Enforce Not a Waiver. The failure of the Company ▇▇▇▇ 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.

Appears in 6 contracts

Sources: Performance Share Award Agreement (Dana Inc), Restricted Stock Unit Award Agreement (Dana Inc), Restricted Stock Unit Award Agreement (Dana Inc)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such that provision or of any other provision hereof.

Appears in 5 contracts

Sources: Equity Incentive Plan (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Ltip Unit Award Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Restricted Stock Unit Award Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Failure to Enforce Not a Waiver. The failure of the Company or the Partnership 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.

Appears in 4 contracts

Sources: Phantom Unit Award Agreement (CNX Midstream Partners LP), Ltip Unit Vesting Agreement (Middleman Stanley C.), Ltip Unit Vesting Agreement (Cherry Hill Mortgage Investment Corp)

Failure to Enforce Not a Waiver. The failure of the Company Company, any of its Subsidiaries or the LLP to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 4 contracts

Sources: Restricted Stock Agreement (GLG Partners, Inc.), Restricted Stock Agreement (GLG Partners, Inc.), Restricted Stock Agreement (GLG Partners, Inc.)

Failure to Enforce Not a Waiver. The failure of the Company or the Optionee 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.

Appears in 3 contracts

Sources: Stock Option Agreement (RestorGenex Corp), Stock Option Agreement (RestorGenex Corp), Stock Option Agreement (RestorGenex Corp)

Failure to Enforce Not a Waiver. The failure of the Company or the Participant 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.

Appears in 3 contracts

Sources: Restricted Stock Award Agreement (World Heart Corp), Restricted Stock Award Agreement (Planetout Inc), Restricted Stock Award Agreement (Planetout Inc)

Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.. ​

Appears in 3 contracts

Sources: Restricted Stock Agreement (Citizens & Northern Corp), Performance Based Restricted Stock Agreement (Citizens & Northern Corp), Restricted Stock Agreement (Citizens & Northern Corp)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Share Unit Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 2 contracts

Sources: Restricted Share Unit Agreement (Aircastle LTD), Restricted Share Unit Agreement (Aircastle LTD)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 2 contracts

Sources: Incentive Stock Option Agreement (First Business Financial Services, Inc.), Incentive Stock Option Agreement (First Business Financial Services, Inc.)

Failure to Enforce Not a Waiver. The failure of the Company or the Executive 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.

Appears in 2 contracts

Sources: Option Agreement (Endurance Specialty Holdings LTD), Restricted Share Agreement (Endurance Specialty Holdings LTD)

Failure to Enforce Not a Waiver. The failure of the Company 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.provision

Appears in 2 contracts

Sources: Restricted Stock Award Agreement (World Acceptance Corp), Restricted Stock Award Agreement (World Acceptance Corp)

Failure to Enforce Not a Waiver. The failure of the Company or Grantee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.

Appears in 2 contracts

Sources: Restricted Stock Grant Agreement (Colony Bankcorp Inc), Restricted Stock Grant Agreement (Golden Isles Financial Holdings Inc)

Failure to Enforce Not a Waiver. The failure of the Company D▇▇▇ 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.

Appears in 2 contracts

Sources: Stock Appreciation Rights Agreement (Dana Holding Corp), Restricted Stock Unit Award Agreement (Dana Holding Corp)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Restricted Securities Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 2 contracts

Sources: Award Agreement (Brookdale Senior Living Inc.), Award Agreement (Brookdale Senior Living Inc.)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Grant Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 2 contracts

Sources: Deferred Stock Unit Grant Agreement (CNX Resources Corp), Restricted Stock Unit Grant Agreement (CNX Resources Corp)

Failure to Enforce Not a Waiver. The failure of the Company Corporation to enforce at any time any provision provisions of this Restricted Stock Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 1 contract

Sources: Restricted Stock Agreement (Citizens & Northern Corp)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Option Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof. 20.

Appears in 1 contract

Sources: Nonqualified Stock Option Agreement (Juno Lighting Inc)

Failure to Enforce Not a Waiver. The failure of the Company or Director 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.

Appears in 1 contract

Sources: Restricted Stock Unit Agreement (Diffusion Pharmaceuticals Inc.)

Failure to Enforce Not a Waiver. The failure of the Company 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 hereofhereof or of the Plan.

Appears in 1 contract

Sources: Option Award Agreement (Accustem Sciences Inc.)

Failure to Enforce Not a Waiver. The failure of the Company or the Consultant to enforce at any time any provision of this Agreement shall shali in no way be construed to be a waiver of such provision provisions or of any other provision hereof.

Appears in 1 contract

Sources: Consulting Agreement (DRS Inc.)

Failure to Enforce Not a Waiver. The failure of Titanium (or the Company Company) 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.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (Titanium Asset Management Corp)

Failure to Enforce Not a Waiver. The failure of the Company 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.. 4889-5554-6973.2

Appears in 1 contract

Sources: Restricted Stock Award Agreement (Borgwarner Inc)

Failure to Enforce Not a Waiver. The failure of the Company or Holder to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.

Appears in 1 contract

Sources: Employment Agreement (Immucor Inc)

Failure to Enforce Not a Waiver. The failure of the Company 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. 10.

Appears in 1 contract

Sources: Stock Option Agreement (Meyer Edward H)

Failure to Enforce Not a Waiver. The failure of the Company to enforce at any time any provision of this Share Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

Appears in 1 contract

Sources: Subscription Agreement (Aircastle LTD)

Failure to Enforce Not a Waiver. The failure of the Company or ------------------------------- Grantee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.

Appears in 1 contract

Sources: Restricted Stock Grant Agreement (Colony Bankcorp Inc)

Failure to Enforce Not a Waiver. The Company’s or the Participant’s failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be does not constitute a waiver of such that provision or of any other provision hereofof this Agreement.

Appears in 1 contract

Sources: Non Annual Performance Share Unit Award Agreement (Estee Lauder Companies Inc)

Failure to Enforce Not a Waiver. The failure of the Company or the Grantee 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.. OMM_US:76619695.3

Appears in 1 contract

Sources: Restricted Stock Unit Agreement (Guess Inc)

Failure to Enforce Not a Waiver. The failure of the Company or Participant to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such that provision or of any other provision hereof.

Appears in 1 contract

Sources: Non Qualified Stock Option Agreement (Apollo Global Management LLC)

Failure to Enforce Not a Waiver. The failure of the Company or ------------------------------- the Grantee 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.

Appears in 1 contract

Sources: Restricted Stock Agreement (Openwave Systems Inc)

Failure to Enforce Not a Waiver. The failure of the Company or the Holder to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.

Appears in 1 contract

Sources: Restricted Stock Agreement (Immucor Inc)

Failure to Enforce Not a Waiver. The failure of the Company or the Optionee to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision provisions or of any other provision hereof.

Appears in 1 contract

Sources: Option Agreement (Golden Isles Financial Holdings Inc)

Failure to Enforce Not a Waiver. The failure of the Company or any of its Affiliates to enforce at any time any provision of this Restrictive Covenants Agreement shall in no way be construed to be a waiver of such that provision or of any other provision hereof.

Appears in 1 contract

Sources: Restricted Share Unit Award Agreement (Athene Holding LTD)