The Non Waiver agreement is essential in commercial relationships governed by English and Welsh law where parties need to preserve their rights while maintaining operational flexibility. It becomes particularly relevant when a party chooses not to immediately enforce certain contractual rights but wishes to retain the ability to do so in the future. This document helps prevent claims of implied waiver and protects against arguments that non-enforcement constitutes abandonment of rights.
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1. Parties: Identification of contracting parties
2. Background: Context and purpose of the non-waiver agreement
3. Definitions: Key terms used in the agreement
4. Non-Waiver Provisions: Core provisions stating that failure to enforce rights doesn't constitute waiver
5. Governing Law: Specification of English and Welsh law as governing law
1. Specific Rights Reserved: Used when specific rights need explicit protection
2. Time Limitations: Include when specific time limits apply to enforcement rights
3. Third Party Rights: Include when third party rights need to be addressed
1. Schedule of Rights: Detailed list of rights being protected
2. Schedule of Related Agreements: List of agreements to which the non-waiver applies
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