Waive

Waive is the act of a Party to a Contract not enforcing its legal Right in some aspect of a Contract.

Often a 'No Waiver' Clause is included in a Contract to ensure any occurrence of a Waiver is not construed as a general, permanent Waiver.

Waivers can be unintentional and intentional, enforced by:

• Contract or deed - the agreement to abandon legal rights is binding
• Election - a breach of contract has occurred, giving an innocent party the choice between two alternative rights or remedies.
• Estoppal - a Party acts in such a way as to suggest that they have agreed to waive their rights. 

You can search for 'No Waiver' clauses in your contract portfolio with Gatekeeper's OCR Search and Analysis technology.