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Non-waver Clause

There are some cases in which another clause may seem of great importance, the Non-waver Clause.

The role of this particular clause in a contract is to protect the party which excuses the fact that the other party is not comlying with the terms of the contract. Again the above stipulation is to reassure that the parties behaviour will not take a course, under the contract, such that will cause the loss of the enforceability of the contract's terms. In a contract which includes the non-waver clause you will expect to see the folllowing paragraph: "The failure of one party to demand the performance of any provision will not affect the party's right to demand for performance at any time. Further more a waver regarding any breach or default of this contract shall not constitute an oscillate of any subsequent breach or default either an oscillate of the provision itself."

For example A bought something of value from B and the transaction is under a contract by which payment should be performed in twelve equal monthly paymnets. If the purchaser (A) pays B every second month, in the absence of a non-waver clause and given the fact that B accepted this late payment sceme for a period, the court would likely take as granted that the bimonthly payments do not constitude a breach of the contract between A and B. But if a non-waver clause was included in the contract the party to which payments are due would normally be able to claim and enforce the monthly installments provision, even though the course of the conduct was not in accordance with the contract.

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