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this is an article of an agreement: A waiver of a default of any term of this Agreement will not be construed as a waiver of any succeeding default of that provision or as a waiver of the provision itself. A party's performance after the other party's default will not be construed as a waiver of that default. in plain English please and if there is a simple example would be added bonus. thank you
1 ANSWER
it means that just because one party allows a breach once or twice, it does not mean that they have waived their right to insist on full performance of that provision thereafter. For example, if one party is supposed to pay money to the other on the 1st of each month, and the receiving party accepts late payment once or twice, that doesn't mean that he or she has waived his or her right to be paid on the 1st of the month in the future, or that future delays in payment will not be considered breaches of the contract. You have to be careful, however, because in New York, a consistent course of conduct (for example accepting payment on the fifth of each month) can create a waiver of the right to receive money on the 1st, despite the clause.
Answered on Sep 05th, 2014 at 12:26 PM