Legal Question in Intellectual Property in California
Non-Waiver in a CA contract reads
"No Course of dealing, course of performance or failure of either party strictly to enforce any terms, right or condition of this agreement shall be construed as a waiver of any term, right or condition."
One party has breach the contract and claims as a defense that the parties never signed a extension.. Both parties acted in always that the contract was active.
Thanks -k
Asked on 2/12/13, 10:36 pm
1 Answer from Attorneys
Joel Selik
www.SelikLaw.com
You can make the argument that there is a waiver, but, based on the facts, is unlikely to be scuccesful.
Answered on 2/13/13, 7:43 am
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