Waiver of Condition

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Used when parties to a contract agree to waive certain conditions within the subject contract. The party benefiting can waive the condition thus freeing the other party from performance.

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It is not unusual that after a contract has been entered into, the parties may agree that a condition (i.e. requirement) that is present in the agreement should be ignored. The party who benefits from the condition can waive the condition, freeing the other party from performing it. For example, let's say that an agreement requires that 15 days notice be provided before any alterations are made to a leased building. Unfortunately, the tenant who has agreed to this condition has managed to arrange for a contractor to install new carpeting, but he can only install it this week. The party benefiting from the condition, the landlord, can waive the condition, freeing the tenant to have the carpet installed.

This form can be used in all states.

This package contains: (1) Instructions and Checklist for the Waiver of Condition (the "Waiverƒ); (2) Information about the Waiver; and (3) The Waiver
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Waiver of Condition

 

 
 
WHEREAS, _[insert name of 1st party to the Agreement]_ and [insert name of 2nd party to the Agreement]__ entered into an agreement dated ________________, 20__ regarding ___________________________________________________________  ___________________________ (the “Agreement”); and
 
WHEREAS, the Agreement contains the following condition:
[Describe the condition being waived; for example: “Section 5.1: 15 days notice must be provided to either party before any major alterations to the premises  may be made.”]
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ( the “Condition”).
 
WAIVER:  [choose the appropriate provision and erase the other]
 
[**For use if Condition is to be permanently waived**]
[Insert the name of the party waiving the condition] hereby waives the Condition; however, this waiver of the Condition shall not be deemed a waiver or limitation of [insert name of party waiving the condition]s right to subsequently enforce and compel strict compliance with every other provision and condition of the Agreement
 
 [**For use if Condition is to be waived only with regard to a particular set of circumstances**]
[Insert the name of the party waiving the condition] hereby waives the Condition with respect to [insert a description of when the Condition is waivede.g. “the installation of a satellite dish on May 1, 2003]; however, this waiver of the Condition shall not be deemed a waiver or limitation of [insert name of party waiving the condition]s right to subsequently enforce and compel strict compliance with every provision and condition of the Agreement, including the Condition.
 
 
 
 
Dated:____________________   ___________________________________
                        [insert name of party waiving the condition]
 
 
Number of Pages3
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#21897
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Waiver of Condition

 

 
 
WHEREAS, _[insert name of 1st party to the Agreement]_ and [insert name of 2nd party to the Agreement]__ entered into an agreement dated ________________, 20__ regarding ___________________________________________________________  ___________________________ (the “Agreement”); and
 
WHEREAS, the Agreement contains the following condition:
[Describe the condition being waived; for example: “Section 5.1: 15 days notice must be provided to either party before any major alterations to the premises  may be made.”]
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ( the “Condition”).
 
WAIVER:  [choose the appropriate provision and erase the other]
 
[**For use if Condition is to be permanently waived**]
[Insert the name of the party waiving the condition] hereby waives the Condition; however, this waiver of the Condition shall not be deemed a waiver or limitation of [insert name of party waiving the condition]s right to subsequently enforce and compel strict compliance with every other provision and condition of the Agreement
 
 [**For use if Condition is to be waived only with regard to a particular set of circumstances**]
[Insert the name of the party waiving the condition] hereby waives the Condition with respect to [insert a description of when the Condition is waivede.g. “the installation of a satellite dish on May 1, 2003]; however, this waiver of the Condition shall not be deemed a waiver or limitation of [insert name of party waiving the condition]s right to subsequently enforce and compel strict compliance with every provision and condition of the Agreement, including the Condition.
 
 
 
 
Dated:____________________   ___________________________________
                        [insert name of party waiving the condition]
 
 

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