NO WAIVER OR PERFORMANCE. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of any term, covenant, condition or right with respect to further performance.
Appears in 3 contracts
Sources: Master Service Agreement, Master Service Agreement, Master Service Agreement
NO WAIVER OR PERFORMANCE. The failure of either party to insist, in any one or more instances, upon on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of any such term, covenant, condition or right with respect to further performance.
Appears in 3 contracts
Sources: Phase 1 Design Build Agreement (Pacific Ethanol, Inc.), Design Build Agreement (Pacific Ethanol, Inc.), Design Build Agreement (Pacific Ethanol, Inc.)
NO WAIVER OR PERFORMANCE. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of any term, covenant, condition or right with respect to further performance.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement