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    • Join Date: Jul 2005
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    #1

    seek enforcement

    Hello,

    could you please help me again. I need to know the meaning of the part of the sentence in bold:

    No waiver of any provision of this agreement shall be valid or binding unless in writing and executed by the party against whom enforcement is sought.

    The context would imply that it should be the party who waives its rights, but it sounds to me like if it is the party who is obliged to provide performance.

    Thank you for all the helpful replies.

    Hanka

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    #2

    Re: seek enforcement

    The party being pressed to fulfill their part of the contract can only claim a valid waiver if they have it in writing. Imagine that this would mean that if there had been some sort of informal agreement to waive a provision and then there was a problemn, they couldn't fall back on the waiver unless they had it in writing and had acted on it.
    Last edited by Tdol; 06-Jul-2006 at 06:01.

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