FAILURE TO INSIST UPON STRICT PERFORMANCE Clause Samples

The "Failure to Insist Upon Strict Performance" clause establishes that if one party does not immediately enforce a contractual right or requirement, this does not mean they have waived that right or agreed to modify the contract. For example, if a party overlooks a missed deadline or does not object to a minor breach, they still retain the ability to enforce the contract's terms in the future. This clause ensures that occasional leniency or oversight does not undermine the enforceability of the contract, thereby protecting parties from unintentionally losing their rights due to past inaction.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. The failure of either party to insist upon a strict performance of any of the terms, conditions and covenants herein contained shall not be deemed a waiver of any rights or remedies that either party may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified or discharged, except by way of a written instrument, signed by all of the parties hereto.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. The failure of either party to insist upon strict performance of any of the terms or conditions of this License shall not constitute a waiver thereof.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. LENDER'S CONSENT TO -------------------------------------------------------------- MODIFICATION ------------ The failure of either party to insist upon the strict performance of any of the terms, conditions and covenants herein contained shall not be deemed a waiver of any rights or remedies that either party may have under this Lease or at law or equity, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. This instrument may not be changed or modified without the consent of Landlord's Lender.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. No failure by OWNER or ---------------------------------------------- CONTRACTOR to insist upon strict performance under this Contract in any particular instance shall constitute a waiver of OWNER'S or CONTRACTOR's right, as applicable, to insist upon strict performance in all other instances, whether the same or different provisions of this Contract are involved.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. The failure of the Landlord to insist upon the strict performance by the Tenant of any one of the terms, covenants or conditions of this Lease or to exercise any option herein conferred, in any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, conditions or options, but the same shall continue and remain in full force and effect. The receipt by the Landlord of rent with knowledge of the breach of any covenant herein contained shall not be deemed a waiver of such breach. No provisions of this Lease shall be deemed to have been waived by Landlord, unless such waiver be in writing, signed by the Landlord or its successors or assigns during the term hereby granted and no agreement to accept a surrender of this Lease or of said premises shall be valid unless the same be in writing and subscribed by the Landlord.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. The failure of the Lessor to insist upon strict performance of any of the covenants or conditions of this Lease or to exercise any option herein conferred shall not deemed a waiver of the right to enforce any of the terms hereof or of Lessor’s rights or remedies hereunder or at law in general.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement shall not constitute a waiver thereof.
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FAILURE TO INSIST UPON STRICT PERFORMANCE. The failure of either party to insist, in any one or more instances, upon a strict performance of any covenant, term, provision or agreement of this License shall not be construed as a waiver or relinquishment thereof, but the same shall continue and remain in full force and effect, notwithstanding any law, usage or custom to the contrary. The receipt by ECHDC of any fee with knowledge of the breach of any covenant or agreement hereunder shall not be deemed a waiver of the rights of ECHDC with respect to such breach, and no waiver by either party of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party.
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Related to FAILURE TO INSIST UPON STRICT PERFORMANCE

  • Strict Performance Failure by any party to this Contract to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions of this Contract shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Failure to Insure If Tenant fails to maintain any insurance which Tenant is required to maintain pursuant to this Article X, Tenant shall be liable to Landlord for any loss or cost resulting from such failure to maintain. Tenant may not self-insure against any risks required to be covered by insurance without Landlord's prior written consent.

  • Remedy for failure to insure If the Concessionaire shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Authority shall have the option to either keep in force any such insurances, and pay such premia and recover the costs thereof from the Concessionaire, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Concessionaire.