Non Waiver Agreement

Non Waiver Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Non-Waiver Agreement under Swiss law between our technology company and a software supplier, preserving our intellectual property rights while we negotiate temporary modifications to our existing service agreement starting March 2025."

Document background

The Non-Waiver Agreement serves as a critical legal instrument in Swiss business and commercial relationships where parties need to protect their legal rights while maintaining operational flexibility. This document becomes particularly relevant in situations where one party might need to temporarily deviate from strict contractual terms or show leniency without permanently waiving their rights. Governed by Swiss law, particularly the Swiss Code of Obligations, the agreement explicitly states that actions, forbearance, or delays in exercising rights should not be construed as a waiver of those rights. The document typically includes specific provisions about the scope of preserved rights, duration of the non-waiver effect, and the relationship with other agreements between the parties. It's commonly used in ongoing business relationships, during dispute resolution processes, or in situations where parties are negotiating modifications to existing arrangements.

Suggested Sections

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

2. Background: Context of the agreement, including the relationship between the parties and relevant circumstances

3. Definitions: Key terms used throughout the agreement

4. Non-Waiver Provisions: Core provisions stating that no rights are waived through any action, inaction, delay, or forbearance

5. Scope of Non-Waiver: Specific description of rights, claims, and remedies that are preserved

6. Duration: Period during which the non-waiver provisions remain effective

7. Communications: Requirements for any notices or communications between parties

8. Entire Agreement: Confirmation that this document represents the complete understanding between parties

9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Relationship to Other Agreements: Used when there are existing agreements between the parties that need to be referenced or preserved

2. Specific Preserved Rights: Include when certain rights need to be explicitly listed and preserved

3. Severability: Added when there's a need to ensure remaining provisions survive if any part is found invalid

4. Language: Required when the agreement is executed in multiple languages to specify which version prevails

5. Costs and Expenses: Include when there's a need to address who bears the costs of preparing and executing the agreement

6. Representatives and Authority: Added when signing parties are acting in representative capacity or specific authority needs to be confirmed

Suggested Schedules

1. Schedule of Existing Rights: Detailed list of specific rights being preserved under the agreement

2. Schedule of Related Agreements: List of other agreements between the parties that are referenced or affected

3. Schedule of Authorized Representatives: List of individuals authorized to act under the agreement, if applicable

Authors

Alex Denne

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

alex.den.21@genieai.co

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Authors

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