New York Nonwaiver Provisions

State:
Multi-State
Control #:
US-OL18012
Format:
Word; 
PDF
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Description

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.

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FAQ

A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.

Simply put, waiving something means not enforcing it. Therefore, a waiver clause in a contract is a clause that governs the way a contractual party can waive a right and the consequences of the waiver.

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.

What is Waiver as a Defense? As ?an intentional relinquishment of a known right.? Such a defense requires proof that plaintiff had knowledge of the facts basic to the exercise of the right and the intent to relinquish that right.

For the most part, the signing of a waiver is going to hold up in court as a binding document. That does not mean, however, that you are out of options if you sign a release of liability waiver and then sustain an injury while participating in the activity the business offered.

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.

The contract contains a ?non-waiver? clause that provides, ?a failure or delay in enforcing an obligation, or exercising a right or remedy, does not amount to a waiver of that obligation, right or remedy.? In non-legal terms, this means, ?if we don't call you in breach of contract and enforce our rights, it doesn't ...

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.

Under the Indian Contract Act, 1872 (?ICA?), Waiver finds its genesis under section 63, whereby, a party (promise) is statutorily allowed to waive contractual performance by the other party (promisor). Section 63 of ICA reads as follows: 63. The promise may dispense with or remit performance of promisee.

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.

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New York Nonwaiver Provisions