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.
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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
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
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
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