This office lease provision describes the failure of the landlord to seek redress for violation of any covenant or condition of the lease or of any of the rules and regulations set forth, does not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation.
Illinois Nonwaiver Provisions
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Multi-State
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US-OL18012
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FAQ
No waiver of any provision of this Agreement will be valid unless in writing and signed by the person against whom such waiver is sought to be enforced, nor will failure to enforce any right hereunder constitute a continuing waiver of the same or a waiver of any other right hereunder.
The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance.
By Practical Law Corporate. A boilerplate clause intended to prevent an unintentional waiving of a party's rights under an agreement due to a failure by that party to fully enforce or take action in respect of those rights.
Including boilerplate language known as a ?no-waiver,? ?nonwaiver,? or ?anti-waiver? clause allows a plaintiff to decide whether to strictly enforce provisions of a contract without losing its right to assert a breach.
Including boilerplate language known as a ?no-waiver,? ?nonwaiver,? or ?anti-waiver? clause allows a plaintiff to decide whether to strictly enforce provisions of a contract without losing its right to assert a breach.
Essentially, a waiver removes a real or potential liability for the other party in the agreement. For example, in a settlement between two parties, one party might, by means of a waiver, relinquish its right to pursue any further legal action once the settlement is finalized.
By inserting a 'no waiver' clause into the relevant contract, the intention is that one party's failure or delay to enforce its rights or remedies, following a breach of contract by the other party, does not result in the loss of those rights or remedies.
Rather, a non-waiver clause generally provides that the parties to a contract may not change or modify their agreement unless both parties agree to the proposed change or modification in writing. In the recent case, Hovnanian Land Investment Group, LLC v. Annapolis Towne Centre at Parole, LLC, 415 Md.
