Common use of Strict Performance Clause in Contracts

Strict Performance. 10.8.1 The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights in that or any other instance.

Appears in 33 contracts

Sources: Professional Services Agreement, Professional Services, Professional Services

Strict Performance. 10.8.1 The failure of either any party to insist upon or enforce strict performance by the any other party of any of the provisions provision of this Agreement or to exercise any rights right under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights such party’s right to assert or rely upon any such provisions provision or rights right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Appears in 24 contracts

Sources: Participating Broker Dealer Agreement (Ashford Hospitality Trust Inc), Participating Broker Dealer Agreement (Ashford Hospitality Trust Inc), Participating Broker Dealer Agreement (Ashford Hospitality Trust Inc)

Strict Performance. 10.8.1 The failure of either any party to insist upon or enforce strict performance by the other party of any of the provisions terms or conditions of this Agreement or to exercise any rights under this Agreement shall will not be construed as constitute a waiver or relinquishment to of any extent of its rights hereunder, provided that any provision may be waived by the party intended to assert or rely upon any benefit therefrom by a written instrument signed by such provisions or rights in that or any other instanceparty.

Appears in 7 contracts

Sources: Master Exchange Agreement, Master Exchange Agreement (Vanguard Car Rental Group Inc.), Master Exchange Agreement (Hertz Global Holdings Inc)

Strict Performance. 10.8.1 The failure of either party Party to insist in any one or more instances upon or enforce strict performance by the other party of any provisions of this Agreement, or to take advantage of any of the provisions of this Agreement or to exercise any its rights under this Agreement hereunder, shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights in that the relinquishment of any such right or any other instanceright hereunder, which shall remain in full force and effect, unless agreed in writing between the Parties.

Appears in 4 contracts

Sources: Power Purchase and Operating Agreement, Energy Storage Services Agreement, Grid Services Agreement

Strict Performance. 10.8.1 The failure of either party Party to insist upon or enforce the strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not (a) be construed as a waiver of such provision(s), which shall continue in full force and effect, or relinquishment to any extent (b) diminish the validity or enforceability of its rights to assert or rely upon any such provisions or rights in that or any the other instanceterms of this Agreement.

Appears in 3 contracts

Sources: Separation Agreement, Divorce Agreement, Separation Agreement

Strict Performance. 10.8.1 The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions provision or rights in that or any other instance.

Appears in 3 contracts

Sources: Open End Services Agreement, Agreement for Open End Services for Program Management Services, Open End Services Agreement

Strict Performance. 10.8.1 The failure of either any party to insist upon or enforce strict performance by the other party of any of the provisions terms or conditions of this Agreement or to exercise any rights under this Agreement shall will not be construed as constitute a waiver or relinquishment to of any extent of its rights hereunder; provided that, any provision may be waived by the party intended to assert or rely upon any benefit therefrom by a written instrument signed by such provisions or rights in that or any other instanceparty.

Appears in 3 contracts

Sources: Master Exchange Agreement, Master Exchange Agreement (Hertz Global Holdings, Inc), Master Exchange Agreement (Hertz Global Holdings Inc)

Strict Performance. 10.8.1 The failure of either any party to insist upon or enforce strict performance by the any other party of any of the provisions provision of this Agreement or to exercise any rights right under this Agreement shall not be construed as a ▇▇▇▇▇ Financial, LLC 13 Selected Dealer Agreement waiver or relinquishment to any extent of its rights such party’s right to assert or rely upon any such provisions provision or rights right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Appears in 2 contracts

Sources: Dealer Manager Agreement (Carey Credit Income Fund 2016 T), Selected Dealer Agreement (Carey Credit Income Fund 2016 T)

Strict Performance. 10.8.1 10.12.01 The failure of either party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions provision or rights in that or any other instance.

Appears in 1 contract

Sources: Form of Agreement Between Owner and Contractor

Strict Performance. 10.8.1 The Any failure of either party by a Party to insist upon or enforce strict performance by the other party of any material provision of this Agreement shall not be deemed a waiver of such provision or of any other provision of this Agreement, and such party shall have the right at any time(s) thereafter to insist upon strict performance of any and all of the provisions of this Agreement or to exercise any rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such provisions or rights in that or any other instanceAgreement.

Appears in 1 contract

Sources: Development and Incentive Agreement