This is the clause I would like to understand: "Waiver by either Party of any breach by the other Party of any provision of this Agreement shall not be deemed a waiver of any other or subsequent breach, nor excuse any other breach of this Agreement by either Party".
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2Voting to close as a duplicate. To Dory H, a new user, keep in mind that the duplicate vote is no criticism/reproach on you and/or your question. The stack exchange community try to keep the answers in a single place, linking the duplicates to the question with the best answers.– Mindwin Remember MonicaCommented Aug 14 at 13:42
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1 Answer
This is known as a "no waiver" clause.
It means that no party to the contract can rely on the other party being "okay" with one breach as permission to breach again.
For example, suppose a loan agreement allows the lender to call in the entire loan if any scheduled payment is late. A no-waiver clause gives the lender flexibility to allow a few late payments without calling in the entire loan, while continuing to have the right to do so for any future breach.
Where there is a no-waiver clause, the debtor can't argue: "you allowed a late payment before, so it's unfair to enforce the contract strictly now."
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1Possible dupe of law.stackexchange.com/questions/7446/…. Just figured I'd mention it so that there's a link.– SCDCommented Aug 14 at 12:52