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Waiver of Condition

It is not unusual that after a contract has been entered into, the parties may agree that a condition (i.e. requirement) that is present in the agreement should be ignored. The party who benefits from the condition can waive the condition, freeing the other party from performing it. For example, let's say that an agreement requires that 15 days notice be provided before any alterations are made to a leased building. Unfortunately, the tenant who has agreed to this condition has managed to arrange for a contractor to install new carpeting, but he can only install it this week. The party benefiting from the condition, the landlord, can waive the condition, freeing the tenant to have the carpet installed. (continued ...)


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