What happens if you fail to insist on strict performance of any terms?

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Insisting on strict performance of the terms laid out in an agreement is crucial for maintaining the integrity and enforceability of that agreement. If a party fails to strictly enforce the terms of the agreement, it can lead to a waiver of future defaults.

This means that if one party does not enforce a specific term or condition—such as a deadline or quality standard—it may be interpreted as allowing for a more lenient interpretation of that term in the future, thereby diminishing the ability to later insist on compliance. Essentially, this sets a precedent that could signal to the other party that such conditions are negotiable or may not be strictly enforced moving forward.

This principle serves to protect the interests of both parties by ensuring that obligations are clear and adhered to—but it also emphasizes the importance of enforcing those obligations consistently. When a party decides to overlook a default, it may lose the right to call attention to similar defaults in the future, which can undermine the purpose of the agreement and affect the overall relationship between the parties involved.

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