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Non Waiver Agreement

Non Waiver Agreement Template for Pakistan

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Key Requirements PROMPT example:

Non Waiver Agreement

"I need a Non Waiver Agreement to ensure that my company's temporary acceptance of late rental payments from our commercial tenant during Q1 2025 doesn't waive our right to strict compliance with payment terms in the future."

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Document background
The Non-Waiver Agreement serves as a crucial legal safeguard in Pakistani business and legal practice, particularly in situations where parties wish to maintain their legal rights while showing temporary flexibility or forbearance. Operating under Pakistani law, particularly the Contract Act 1872 and related commercial legislation, this document is commonly used when one party wants to accommodate temporary deviations from strict contractual terms without permanently surrendering their rights to future enforcement. The agreement typically specifies the scope of preserved rights, relevant contracts or relationships, and any specific instances that should not be construed as waivers. It's particularly valuable in ongoing business relationships, dispute resolution scenarios, or situations where strict enforcement of rights might temporarily be postponed for practical or commercial reasons.
Suggested Sections

1. Parties: Identifies and defines the parties entering into the non-waiver agreement

2. Background: Provides context about the underlying relationship, contracts, or circumstances that necessitate the non-waiver agreement

3. Definitions: Defines key terms used throughout the agreement, including references to underlying contracts, specific rights, and relevant conduct

4. Non-Waiver Declaration: Core provision stating that specific actions, forbearance, or delay in exercising rights does not constitute a waiver

5. Scope of Non-Waiver: Specifies which rights, remedies, and powers are covered by the non-waiver provisions

6. Duration: Specifies how long the non-waiver provisions remain in effect

7. Reservation of Rights: Explicitly reserves all rights, remedies, and powers available under the underlying agreements or law

8. Governing Law: Specifies that Pakistani law governs the agreement

9. Entire Agreement: Confirms that this document represents the complete understanding regarding the non-waiver

10. Execution: Signature blocks and execution provisions

Optional Sections

1. Specific Instances: Used when particular instances or circumstances need to be explicitly identified as not constituting waiver

2. Future Conduct: Added when there's a need to address specific types of future conduct that won't constitute waiver

3. Related Agreements: Include when the non-waiver applies to multiple related agreements or documents

4. Notice Requirements: Added when specific notice procedures are needed for asserting or preserving rights

5. Severability: Include when there's a need to ensure partial invalidity doesn't affect the entire agreement

6. Assignment: Include when transfer of rights under the non-waiver agreement needs to be addressed

7. Counterparts: Added when the agreement may be executed in multiple counterparts

Suggested Schedules

1. Schedule of Covered Agreements: Lists all agreements, contracts, or documents to which the non-waiver provisions apply

2. Schedule of Specific Rights: Details specific rights, powers, and remedies being preserved

3. Schedule of Past Instances: Lists specific past instances or circumstances that are confirmed not to constitute waiver

4. Schedule of Authorized Representatives: Lists individuals authorized to act under or in relation to the non-waiver agreement

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Banking and Finance

Real Estate

Construction

Manufacturing

Information Technology

Telecommunications

Professional Services

Healthcare

Energy

Retail

Infrastructure

Education

Transportation and Logistics

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Operations

Business Development

Corporate Secretariat

Credit Control

Collections

Property Management

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Compliance Officer

Risk Manager

Corporate Secretary

Business Development Manager

Chief Legal Officer

Commercial Director

Operations Manager

Project Manager

Credit Manager

Collections Manager

Property Manager

Relationship Manager

General Counsel

Industries
Contract Act 1872: The fundamental law governing contract formation, validity, and enforcement in Pakistan. Particularly relevant sections include those dealing with offer, acceptance, consideration, and capacity to contract.
Civil Procedure Code 1908: Contains provisions regarding the enforcement of contractual rights and remedies, including how waivers of rights are treated in legal proceedings.
Specific Relief Act 1877: Provides rules regarding the enforcement of contracts and remedies available when contracts are breached, including provisions about waiver of rights and specific performance.
Registration Act 1908: May be relevant if the non-waiver agreement needs to be registered, particularly if it relates to immovable property or other registrable rights.
Limitation Act 1908: Important for understanding time limitations for enforcing rights under the agreement and how non-waiver provisions interact with limitation periods.
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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