This is the clause I would like to understand: "Waiver by either Party of any breach by the other Party of any provision of this Agreement shall not be deemed a waiver of any other or subsequent breach, nor excuse any other breach of this Agreement by either Party".
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This is known as a "no waiver" clause.
It means that no party to the contract can rely on the other party being "okay" with one breach as permission to breach again.
For example, suppose a loan agreement allows the lender to call in the entire loan if any scheduled payment is late. A no-waiver clause gives the lender flexibility to allow a few late payments without calling in the entire loan, while continuing to have the right to do so for any future breach.
Where there is a no-waiver clause, the debtor can't argue: "you allowed a late payment before, so it's unfair to enforce the contract strictly now."
Jen
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