What Does “No Waiver” Mean in a Contract?
A clause stating that failing to enforce a right once doesn't mean giving up that right for the future.
Detailed Explanation
The "no waiver" clause protects parties who don't enforce every violation. Without it, accepting late payment once might be seen as modifying the contract to allow future late payments. The no waiver clause prevents that inference.
This gives parties flexibility to be reasonable about minor issues without permanently changing the deal. Letting something slide once doesn't establish a new pattern.
Example in a Contract
“The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that provision or any other provision. Any waiver must be in writing and signed by the waiving party.”
Why It Matters
No waiver clauses protect your ability to enforce the contract even if you haven't been strict in the past. They also protect you if the other party has been lenient - they can still enforce the original terms later.
Related Terms
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