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Distinct actions or representations are required in order to waive the strict language of a contract

Discussion: A party can waive the strict language of a contract where, by its actions or representations, it leads the other to believe that those contractual rights will not be enforced.  In Tas-Mari Inc v DiBattista* GambiDevelopments Ltd (2011 Ont CA), a developer tried to argue that the builders of a residential project had waived a notice provision.  The notice provision required the developer to notify the builders of any damage caused by them, and to give  Sign up or log in to read more

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Example – No waiver

Failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

No single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of that or any other right or remedy.

A party that waives a right  Sign up or log in to read more

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Example – No waiver

Any condoning, excusing or overlooking by the landlord of any default, breach or non-observance by the tenant at any time or times in respect of any covenant, proviso or condition herein contained shall not operate as a waiver, of the landlord’s rights hereunder in respect of any subsequent default, breach of non-observance nor so as to defeat or affect in any way the rights of the landlord hereunder in respect of any subsequent default, breach or non-observance.

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Example – No waiver

All waivers shall be in writing and signed by the waiving party. Landlord’s failure to enforce any provision of this lease or its acceptance of rent shall not be a waiver and shall not prevent landlord from enforcing that provision or any other provision of this lease in the future. Tenant’s failure to enforce any provision of this lease against landlord shall not be a waiver and shall not prevent tenant from enforcing that provision or any other provision of this lease in  Sign up or log in to read more

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Example – No waiver

The parties may waive or consent to the modification of, in whole or in part, any inaccuracy of any representation or warranty made to them hereunder or in any document to be delivered pursuant hereto and may waive or consent to the modification of any of the covenants or agreements herein contained for their respective benefit or waive or consent to the modification of any of the obligations of the other parties hereto. Any waiver or consent to the modification of any of the provisions  Sign up or log in to read more

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Example – No waiver

You acknowledge and agree that no failure or delay by the corporation in exercising any right, power or privilege under this agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or future exercise of any right, power or privilege hereunder.

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Example – No waiver

No waiver shall be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach or non-observance or by anything done or omitted to be done by the other party. The waiver by a party of any default, breach or non-compliance under this agreement shall not operate as a waiver of that party

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Example – No waiver

No failure or delay by any of the entities comprising the company in exercising any right, power or privilege under this agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or future exercise of any right, power or privilege hereunder.

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Example – No waiver

Any party may: (i) extend the time for the performance of any of the obligations or acts of the other party; (ii) waive compliance with any of the other party

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Example – No waiver

Any waiver, alteration, amendment or modification of any of the terms of this agreement shall be valid only if made in writing and signed by the parties hereto; provided, however, that any such waiver, alteration, amendment or modification is consented to on the company’s behalf by the board. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such  Sign up or log in to read more

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Example – No waiver

No waiver of any of the provisions of this agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing, duly executed by the party to be bound thereby.

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Example – No waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

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Example – No waiver

1 A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. 2 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

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Example – No waiver

The failure on the part of either of the parties to exercise or enforce any right conferred upon it by this agreement will not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof of any such right at any time or times thereafter.