Non Waiver Agreement Template for Denmark

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Non Waiver Agreement

Document background

The Non-Waiver Agreement serves as a critical legal safeguard in commercial relationships under Danish law. It is typically used when a party wishes to preserve their legal rights while temporarily refraining from enforcing them, such as during negotiations, dispute resolution, or when maintaining business continuity is paramount. The document explicitly states that any delay or failure to enforce rights does not constitute a waiver of those rights, providing protection against claims of implied waiver or estoppel. Common scenarios include temporary acceptance of late payments, quality deviations in supply contracts, or other contractual non-compliance situations where immediate enforcement might be commercially undesirable. The agreement must comply with Danish legal requirements while being practical and commercially sensible.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, including reference to the underlying contract(s) or relationship(s) to which the non-waiver applies

3. Definitions: Key terms used in the agreement, including definition of the rights being preserved and relevant contracts

4. Non-Waiver Declaration: Core provision stating that failure to exercise rights does not constitute a waiver

5. Scope of Non-Waiver: Detailed description of which rights and obligations are covered by the non-waiver provisions

6. Duration: Period for which the non-waiver agreement remains in effect

7. Governing Law and Jurisdiction: Specification of Danish law as governing law and designation of competent courts

8. Signatures: Execution block for all parties

Optional Sections

1. Specific Rights Preservation: Detailed section listing specific rights being preserved, used when the non-waiver relates to particular identified rights or breaches

2. Multiple Contract Application: Section specifying how the non-waiver applies across multiple contracts or agreements, used when there are several related contracts

3. Notice Requirements: Procedures for giving notice of exercise of rights, used when specific notification processes need to be established

4. Severability: Provision ensuring survival of other terms if any provision is found invalid, used in more complex agreements

5. Assignment: Terms governing whether rights under the non-waiver can be assigned, used when assignment rights need to be specifically addressed

6. Relationship to Other Agreements: Clarification of how this agreement interacts with other contracts, used when there are multiple related agreements

Suggested Schedules

1. Schedule of Affected Agreements: List of all contracts and agreements to which the non-waiver applies

2. Schedule of Preserved Rights: Detailed listing of specific rights being preserved under the non-waiver

3. Schedule of Relevant Correspondence: List of any relevant communications or notices that provide context for the non-waiver

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