A waiver clause is standard in severance agreements. This clause means that if the employer is not strict about enforcing the contract in one particular regard, this failure to enforce the agreement does not constitute a waiver of any part of the agreement.
For example, if an agreement has a non-disparagement clause and the employer learns that an employee has disparaged the company, but chose not to pursue it, that does not mean that the company has waived its right to enforce the non-disparagement clause.
SAMPLER WAIVER CLAUSES:
No waiver by any party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any proceeding, concurrent, or succeeding breach of the same, or of any other term or provision. No waiver shall be binding on the part of, or on behalf of, any party entering into this Agreement.
The failure of the Company to seek enforcement of any provision of this Agreement in any instance or for any period of time shall not be construed as a waiver of such provision or of the Company’s right to seek enforcement of such provision in the future.
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