抖阴短视频

Non Waiver Agreement Template for Philippines

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Key Requirements PROMPT example:

Non Waiver Agreement

"I need a Non-Waiver Agreement for my software development company based in Manila, preserving our intellectual property rights while allowing flexible payment terms for our enterprise clients, with the agreement to take effect from January 1, 2025."

Document background
The Non-Waiver Agreement serves as a critical legal safeguard in Philippine business operations where parties need to maintain their rights while allowing for flexible enforcement. This document becomes essential in situations where strict enforcement of rights might not always be practical or commercially desirable, but parties wish to retain the ability to enforce these rights in the future. Under Philippine law, particularly the Civil Code, there can be circumstances where consistent non-enforcement might be interpreted as a waiver of rights through estoppel. The Non-Waiver Agreement explicitly prevents this interpretation by documenting the parties' intention to preserve rights regardless of enforcement patterns. It's commonly used in ongoing commercial relationships, loan agreements, lease contracts, and service agreements where maintaining good business relationships might require occasional flexibility in enforcement without compromising legal rights.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the relationship between the parties and the reason for the non-waiver agreement

3. Definitions: Key terms used throughout the agreement

4. Non-Waiver Declaration: Primary clause stating that failure to enforce any right does not constitute a waiver of that right

5. Scope of Protected Rights: Detailed description of the rights being protected under the non-waiver agreement

6. Duration: Period for which the non-waiver provisions will remain in effect

7. Enforcement Mechanism: Process for enforcing rights despite previous non-enforcement

8. Severability: Clause ensuring that if any provision is invalid, the rest of the agreement remains in force

9. Governing Law: Specification that Philippine law governs the agreement

10. Entire Agreement: Confirmation that this document represents the complete understanding between the parties

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Specific Instances: Used when there are particular situations or past events that need to be explicitly addressed as not constituting waiver

2. Notice Requirements: Include when specific notification procedures are needed for enforcing rights

3. Relationship to Other Agreements: Used when the non-waiver agreement needs to be coordinated with other existing contracts

4. Assignment: Include when rights under the agreement may need to be transferred to other parties

5. Dispute Resolution: Optional section for specifying mediation or arbitration procedures

6. Costs and Expenses: Include when there are specific provisions about who bears the costs of enforcement

7. Representations and Warranties: Used when specific assurances about authority or capacity need to be included

Suggested Schedules

1. Schedule A - Referenced Agreements: List of specific agreements or contracts to which the non-waiver provisions apply

2. Schedule B - Protected Rights: Detailed enumeration of specific rights being protected

3. Schedule C - Prior Instances: Documentation of previous situations where rights were not enforced but are preserved

4. Appendix 1 - Notice Forms: Template forms for providing notice of enforcement

5. Appendix 2 - Corporate Authorizations: Copies of corporate resolutions or other authorization documents if needed

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























Clauses























Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Manufacturing

Technology and Software

Telecommunications

Construction

Retail and Distribution

Healthcare

Energy and Utilities

Professional Services

Mining and Natural Resources

Transportation and Logistics

Relevant Teams

Legal

Compliance

Risk Management

Commercial Operations

Business Development

Contract Administration

Finance

Credit and Collections

Corporate Governance

Operations

Relevant Roles

Legal Counsel

Contract Manager

Compliance Officer

Risk Manager

Chief Legal Officer

Business Development Manager

Commercial Director

Chief Executive Officer

Chief Financial Officer

Operations Manager

Project Manager

Account Manager

Property Manager

Credit Manager

Collections Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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