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Non Waiver Agreement

Non Waiver Agreement Template for Netherlands

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Key Requirements PROMPT example:

Non Waiver Agreement

"I need a Non-Waiver Agreement under Dutch law for my commercial property lease situation, where I want to preserve my right to collect back rent from January 2025 while allowing the tenant to pay in installments, without waiving my other landlord rights under the original lease."

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Document background
The Non-Waiver Agreement is essential in Dutch commercial and civil relationships where parties need to preserve their legal rights while showing temporary forbearance or delaying the exercise of those rights. This document is particularly valuable in situations involving ongoing business relationships, dispute resolution processes, or complex commercial transactions where parties want to maintain their legal position while exploring alternative solutions. Under Dutch law, this agreement helps prevent the argument that non-enforcement of rights constitutes an implied waiver. The document typically includes specific details about the rights being preserved, the duration of the preservation, and the circumstances under which rights may be exercised in the future. It's commonly used in contract disputes, lease agreements, loan arrangements, and other commercial relationships where maintaining legal rights without immediate enforcement is crucial.
Suggested Sections

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

2. Background: Context of the agreement, including reference to any existing relationships, disputes, or circumstances leading to the need for a non-waiver

3. Definitions: Key terms used in the agreement, including specific rights, claims, or obligations being preserved

4. Purpose and Scope: Clear statement of the agreement's purpose and the scope of rights being preserved

5. Non-Waiver Declaration: Express declaration that non-exercise of rights does not constitute waiver

6. Preservation of Rights: Detailed description of how rights are preserved and confirmation that delay in exercise doesn't prejudice rights

7. Duration: Period for which the non-waiver agreement remains effective

8. Notices: Process for providing formal notices between parties

9. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes

10. Entire Agreement: Confirmation that this document represents the complete understanding between parties regarding the non-waiver

11. Execution: Signature blocks and execution provisions

Optional Sections

1. Specific Rights and Claims: Detailed listing of specific rights being preserved - use when there are particular rights or claims that need explicit preservation

2. Related Agreements: Reference to other agreements affected by the non-waiver - include when the non-waiver relates to multiple contracts

3. Multiple Party Provisions: Special provisions for scenarios with more than two parties - include when there are three or more parties

4. Dispute Resolution: Specific procedures for resolving disputes - include when parties want to specify alternative dispute resolution methods

5. Severability: Provisions for maintaining validity if parts are found unenforceable - include in complex scenarios

6. Assignment: Rights and restrictions regarding assignment - include when transfer of rights might be relevant

7. Costs and Expenses: Allocation of costs related to the agreement - include when there are significant costs to be addressed

Suggested Schedules

1. Schedule of Preserved Rights: Detailed list of specific rights, claims, or causes of action being preserved

2. Schedule of Related Agreements: List of agreements affected by or related to the non-waiver

3. Schedule of Relevant Correspondence: Timeline or list of key correspondence relating to the preserved rights

4. Schedule of Authorized Representatives: List of persons authorized to act under the agreement for each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
























Clauses






















Relevant Industries

Financial Services

Real Estate

Manufacturing

Technology

Healthcare

Construction

Professional Services

Retail

Telecommunications

Insurance

Energy

Transportation

Hospitality

Education

Agriculture

Relevant Teams

Legal

Compliance

Risk Management

Commercial Operations

Business Development

Contract Administration

Corporate Affairs

Finance

Operations

Property Management

Account Management

Partnership Management

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Commercial Director

Risk Manager

Compliance Officer

Chief Legal Officer

General Counsel

Operations Manager

Property Manager

Account Executive

Chief Financial Officer

Credit Manager

Partnership Manager

Relationship 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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