Common use of WAIVER NOT A LIMITATION TO ENFORCE Clause in Contracts

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s in not making payments as per the Payment Plan as specified in Schedule C hereunder written including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s that exercise of discretion by the Promoter in the case of one Allottee/s shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottee/s. 24.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 27.1. The Promoter Owner/Developer may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [FOURTH SCHEDULE] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Owner/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or precedence and/or binding on the Promoter Owner/Developer to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 27.2. Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Owner/Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Schedule-"C"] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 Failure on the part of the Parties Owner/Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter Promoter/Developer may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Seventh Schedule] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Promoter/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter Promoter/Developer to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified in [Schedule C hereunder written E] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise of discretion by the Promoter in the case of one Allottee/s Allottee(s) shall not be construed to be a precedent and /or and/or binding on the Promoter to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive Agreement wave the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified in Schedule C hereunder written payment plan (Schedule-C) including waiving waving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise exercises of discretion by the Promoter in the case of one Allottee/s Allottee(s) shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottee/s.Allottee(s). 24.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 23.1 The Promoter DEVELOPER may, at as its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s in Allottee is not making payments as per the Payment Plan as specified provided in Schedule C hereunder written FOURTH SCHEDULE including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter DEVELOPER in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter DEVELOPER to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 23.2 Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Development Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter Promoter/Developer may, at its sole option and discretion, without prejudice to its rights as set out in this Agreementagreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written payment plan ( Annexure C) including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Promoter/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter Promoter/Developer to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof hereto shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 25.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Schedule- C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s that exercise of discretion by the Promoter in the case of one Allottee/s shall not be construed to be a precedent and /or and/or binding on the Promoter to exercise such discretion in the case of other Allottee/s. 24.2 25.2 Failure on the part of the Parties Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Developer/Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Annexure ‘C’] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Developer/Promoter in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or binding and/or building on the Developer/Promoter to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 27.1 The Promoter Owner/Vendor may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [FOURTH SCHEDULE] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Owner/Vendor in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or precedence and/or binding on the Promoter Owner/Vendor to exercise such discretion in the case of other Allottee/s.allottees. 24.2 27.2 Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 24.1. The Promoter Owner/Developer may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [FOURTH SCHEDULE] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Owner/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or precedence and/or binding on the Promoter Owner/Developer to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 24.2. Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 25.1 The Owner/Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Schedule-"C"] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 25.2 Failure on the part of the Parties Owner/Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 25.1 The Promoter Promoter/Developer may, at its sole option and discretion, without prejudice to its rights as set out in this Agreementagreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written payment plan (Annexure C) including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Promoter/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter Promoter/Developer to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 25.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof hereto shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 24.1. The Promoter Developer/Vendor/ Owner may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Annexure C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Developer/Vendor/ Owner in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or binding on the Promoter Developer/Vendor/ Owner to exercise such discretion in the case of other Allottee/s.. 24.2 24.2. Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 25.1. The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Annexure D] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise of discretion by the Promoter in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or binding on the Promoter to exercise such discretion in the case of other Allottee/s.allottee's. 24.2 25.2. Failure on the part of the Parties to enforce at any time or for any period of time time, the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 25.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, Agreement waive the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified in [Schedule C hereunder written C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise of discretion by the Promoter in the case of one Allottee/s Allottee(s) shall not be construed to be a precedent and /or and/or binding on the Promoter to exercise such discretion in the case of other Allottee/s.Allottee(s). 24.2 25.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sub Lease Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 22.1 The Promoter SUB LESSOR / PROMOTER may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified in Schedule schedule C hereunder written including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise of discretion by the Promoter SUB LESSOR / PROMOTER in the case of one Allottee/s Allottee(s) shall not be construed to be a precedent and /or binding on the Promoter PROMOTER to exercise such discretion in the case of other Allottee/s.Allottee(s). 24.2 22.2 Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sub Lease Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 26.1 The Owner/Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written (Part-II of SCHEDULE C) including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Owner/Promoter in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or binding on the Owner/Promoter to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 26.2 Failure on the part of the Parties Owner/Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 25.1 The Owner/Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allotee in not making payments as per the Payment Plan as specified in Schedule C hereunder written including waiving the payment of interest for delayed payment. . 25.2 It is made clear and so agreed by the Allottee/s Allotee that exercise of discretion by the Owner/Promoter in the case of one Allottee/s Allotee shall not be construed to be a precedent and /or binding on the Owner/Promoter to exercise such discretion in the case of other Allottee/s.Allotee. 24.2 25.3 Failure on the part of the Parties Owner/Promoter to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Agreement for Sale

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter mayOwner/Developer, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written Plant [Annexure ‘C’] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Owner/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter Owner/Developer to exercise such discretion in the case of other Allottee/s.otherAllottees. 24.2 Failure on the part of the Parties to enforce at any time or for any period Period of time the provisions hereof shall not be construed construe to be a waiver of any provisions or of the right thereafter to enforce each and every provisioneveryprovision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 23.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Fifth Schedule] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise of discretion by the Promoter in the case of one Allottee/s Allottee(s) shall not be construed to be a precedent and /or and/or binding on the Promoter to exercise such discretion in the case of other Allottee/s.Allottee(s). 24.2 23.2 Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Not Specified

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written payment plan (Annexure ‘C’) including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Promoter/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or binding and/or bindi ng on the Promoter Promoter/Developer to exercise such discretion in the case of other Allottee/s.allottees. 24.2 Failure on the part of the Parties parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 56.1. The Transferor/Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Annexure C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Transferor in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or binding on the Transferor/Promoter to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 56.2. Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Draft Agreement for Sredpl Allocation

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 25.1 The Promoter Promoter/ ▇▇▇▇▇▇▇▇ may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written [Schedule-C] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Promoter/ ▇▇▇▇▇▇▇▇ in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter Promoter/ ▇▇▇▇▇▇▇ to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 25.2 Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter mayOwner/Developer, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee in not making payments as per the Payment Plan as specified in Schedule C hereunder written Plant [Annexure ‘C’] including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee that exercise of discretion by the Promoter Owner/Developer in the case of one Allottee/s Allottee shall not be construed to be a precedent and /or and/or binding on the Promoter Owner/Developer to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 Failure on the part of the Parties to enforce at any time or for any period Period of time the provisions hereof shall not be construed construe to be a waiver of any provisions or of the right thereafter to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 The Promoter DEVELOPER may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified in Schedule C hereunder written including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise of discretion by the Promoter DEVELOPER in the case of one Allottee/s Allottee(s) shall not be construed to be a precedent and /or and/ or binding on the Promoter DEVELOPER to exercise such discretion in the case of other Allottee/s. 24.2 Allottees. Failure on the part of the Parties DEVELOPER to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter there after to enforce each and every provision.

Appears in 1 contract

Sources: Sale Agreement

WAIVER NOT A LIMITATION TO ENFORCE. 24.1 24.1. The Promoter may, at its sole option and discretion, without prejudice to its rights as set out in this Agreement, waive the breach by the Allottee/s Allottee(s) in not making payments as per the Payment Plan as specified detailed in Schedule C hereunder written including waiving the payment of interest for delayed payment. It is made clear and so agreed by the Allottee/s Allottee(s) that exercise of discretion by the Promoter in the case of one Allottee/s Allottee(s) shall not be construed to be a precedent and /or and/or binding on the Promoter to exercise such discretion in the case of other Allottee/s.Allottees. 24.2 24.2. Failure on the part of the Parties to enforce at any time or for any period of time the provisions hereof shall not be construed to be a waiver of any provisions or of the right thereafter to enforce each and every provision.;

Appears in 1 contract

Sources: Sale Agreement