A non-waiver clause stipulates that if one party chooses not to enforce a particular term or condition in the contract at any time, it does not mean they waive their right to enforce that term or any other term in the future. This ensures that parties maintain their contractual rights even if they do not immediately enforce them upon a breach or other applicable situation.
No Further Monies are Due to You; Non-Waiver of Certain Rights Other than the monies to be paid pursuant to paragraph 4 and the Equity Awards, there are no other monies that you claim are owed to you which relate in any way to your employment with the Company. This includes, but is not limited to, salaries, bonuses, commissions, wages, reimbursable business expenses or contributions to employee benefit plans, vacation or severance pay. Nothing herein shall be construed or interpreted in any way to: (a) limit or deny your right to receive any vested employee benefit under a plan of the Company for which you were or are a participant; (b) alter your right to elect continued coverage of benefits pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) or any state equivalent law; or (c) limit your ability to seek and/or collect unemployment insurance benefits (assuming you otherwise qualify for such benefits).
Non-Waiver or Release of Subsequent Rights or Claims Nothing contained herein is intended to or shall constitute a waiver or release of any rights or claims that arise after the date you sign this Agreement.
Non-Waiver Unless otherwise provided for by law, no delay or failure on the part of either Party hereto to exercise any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any partial exercise of any right, power or privilege preclude the further exercise of such right, power or privilege in the future.
NON-WAIVER: No failure or delay by Lender in exercising Lender’s rights under this Note shall be a waiver of such rights.
Non-Waiver 1. No waiver by a Party of any breach or non-fulfilment by another Party of any provision of this Agreement shall be deemed to be a waiver of any subsequent or other breach of that or any other provision and no failure to exercise or delay in exercising any right or remedy under this Agreement shall constitute a waiver of any such right or remedy. No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy. The rights and remedies of each Party provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law. 2. Nothing in this Agreement shall be deemed to confer any right to enforce any term of this Agreement on anyone not a party to this Agreement. This Agreement shall not be construed in any respect to be a contract or agreement in whole or in part for the benefit of or binding upon anyone not a party to this Agreement. 3. If any provision or any portion of any provision of this Agreement shall be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions of this Agreement shall not in any way be affected or impaired. 4. No variation or amendment of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the Parties to this Agreement.
Non-Waiver. The failure of either party in any one or more instances to insist upon strict performance of any of the terms and conditions of this ERA shall not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or conditions on any future occasion.
Non-Waiver. Unless otherwise specifically waived, mere execution of this First Amendment shall not be construed to mean a waiver of any rights of either party or of any breach or default under the Agreement.
Non-Waiver. Should any party to this Note waive breach of any provision of this Note by any other party, that waiver will not operate or be construed as a waiver of further or subsequent breach. No course of dealing or any delay on the part of any party in exercising or enforcing their rights under this Note shall operate as a waiver of such rights.
Non-Waiver. The failure of the Holder to enforce or exercise any right or remedy provided in this Note or at law or in equity upon any default or breach shall not be construed as waiving the rights to enforce or exercise such or any other right or remedy at any later date. No exercise of the rights and powers granted in or held pursuant to this Note by the Holder, and no delays or omissions in the exercise of such rights and powers shall be held to exhaust the same or be construed as a waiver thereof, and every such right and power may be exercised at any time and from time to time.
Non-Waiver. No delay or omission by holder in the exercise of any of holder’s rights, in full or in part hereunder, shall be construed as a waiver thereof, or of any other rights hereunder.
Non-Waiver. Company agrees that Executive’s agreement to defer his right to Resign for Good Reason pursuant to Section 4(e)(i)(B) shall not constitute a waiver of his right to terminate the Agreement under any other provision of the Agreement, nor shall it constitute a waiver of his right to terminate the Agreement under Section 4(e)(i)(B) at any time after the conclusion of the Deferred Resignation Period. Except as otherwise provided herein, the Parties, by entering into this Amendment, reserve all rights under the Agreement and waive none.
Non-Waiver. It is agreed that no delay in exercising any right or option given or granted hereby to Lender shall be construed as a waiver thereof; nor shall a single or partial exercise of any other right, power, or privilege. Lender may permit Borrower to remedy any default without waiving the default so remedied, and Lender may waive any default without waiving any other subsequent or prior default by Borrower.
Non-Waiver by Lender: Any previous extension of time, forbearance, failure to pursue any remedy, acceptance of late payments, or acceptance of partial payment by Lender, before or after maturity, does not constitute a waiver by Lender of its subsequent right to strictly enforce the collection of this Note according to its terms.
NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall not operate or be construed as a waiver of any such provision or provisions, nor prevent such party from thereafter enforcing any of its rights with respect to other or further violations of the Agreement.
Non-Waiver. In the event Lender shall at any time or from time to time disburse portions of the Loan without Borrower first satisfying all conditions precedent set forth herein or in the Loan Documents, Lender shall not thereby be deemed to have waived its right to require such satisfaction of the same or other condition as a condition precedent to its obligations to make further disbursement of the Loan.
Non Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in anyone or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
A non-waiver or “No waiver” clause is a provision within a contract that specifies that the rights or obligations contained within the contract cannot be waived or modified inadvertently or unintentionally by either party’s actions or inaction. The inclusion of a non-waiver clause is intended to protect parties from inadvertently losing their rights under a contract due to their behavior or failure to enforce a term.
You should consider including a non-waiver clause in a contract when:
Drafting a non-waiver clause requires precise language to ensure clear intent. Here’s a basic template:
Non-Waiver Clause: No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any failure by either party to enforce any provision of this agreement or to exercise any rights hereunder shall not be construed as a waiver of such provisions or rights.
Consider modifying the language to fit the specific needs and nuances of the contract while ensuring clarity and legal enforceability.
Non-waiver clauses are frequently found in various types of contracts, including but not limited to:
Including a non-waiver clause is a standard practice across many industries to maintain intentional control over contractual relationships.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
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The "Not for distribution" clause in a contract restricts the sharing or dissemination of the specified materials, information, or documents to unauthorized parties. Its purpose is to protect sensitive content and ensure it is only accessed by individuals or entities explicitly permitted by the contract.
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