Waiver of Performance. The failure of either Party to insist, in any one or more instances, upon a strict performance by the other of any of the provisions, terms, covenants, reservations, conditions, or stipulations contained in this Contract, shall not be considered a waiver or relinquishment thereof, but the same shall continue and remain in full force and effect, and no waiver by either Party of any provision, term, covenant, reservation, condition or stipulation hereunder shall be deemed to have been made in any instance unless expressed in writing and agreed to by the Parties.
Appears in 2 contracts
Sources: Concession Contract, Rental Car Concession Contract
Waiver of Performance. The failure of either Party party to insist, insist in any one or more instances, instance upon a strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions, conditions or stipulations contained in this Contract, the Franchise shall not be considered a waiver or relinquishment thereof, but and the same shall continue and remain in full force and effect, and no . No waiver by either Party the City of any provision, term, covenant, reservation, condition or stipulation hereunder contained in this Franchise shall be deemed to have been made in any instance modified the terms of this Franchise unless expressed in writing and agreed the form of an amendment to by the Partiesthis Franchise.
Appears in 2 contracts
Sources: Franchise Agreement, Franchise Agreement
Waiver of Performance. The failure of either Party any party to insist, insist in any one or more instances, instance upon a strict performance by the other party of any of the provisions, terms, covenants, reservations, conditions, conditions or stipulations contained in this Contractthe Agreement, shall not be considered a waiver or relinquishment thereof, but and the same shall continue and remain in full force and effect, and no . No waiver by either Party any of the parties of any provision, term, covenant, reservation, condition or stipulation hereunder contained in this Agreement shall be deemed to have been made in any instance unless expressed in writing and agreed to the form of a resolution by the Partiesapplicable governing body.
Appears in 1 contract
Sources: Interlocal Agreement