This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.
Washington Entire Agreement and No Waiver
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Multi-State
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US-OL18013
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FAQ
Summary. Waiver is typically defined as a voluntary, intentional relinquishment of a known right. 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.
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.
It is an act of voluntarily giving up a right, and can apply to a variety of legal situations including knowingly giving up a legal right such as a speedy trial, a jury trial, giving up some rights in a settlement talk, or not enforcing a term of contract.
A no waiver clause is a stipulation included in contracts to make sure that neither party involved in the agreement waives their right to bring suit if the other breaches contract.
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 US states such as California, a waiver is not lawful when it is contrary to an express provision of law, its implicit policy, or good morals. Furthermore, one cannot waive responsibility for violation of law, willful injury to a person or property of another, for fraud, or waive their residential tenant rights.
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.
