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-{{a|boilerplate|{{image|Wafer|png|Don’t worry about it mate.}}}}{{d|Waiver|/ˈweɪvə/|n|}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an decent psychiatric episode: so much so that it once led to a [[no waiver]] clause, and [[legal eagle]]s and [[credit officer]]s liked it so much it became part of the [[Boilerplate|legal furniture of almost every commercial agreement]]. You even see this [[boilerplate]] in [[confidentiality agreement]]s for heaven’s sake.
+{{a|boilerplate|{{image|Wafer|png|Don’t worry about it mate.}}}}{{d|Waiver|/ˈweɪvə/|n|}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an decent psychiatric episode: so much so that it once led to someone creating a pioneering “[[no waiver]]” clause, and [[legal eagle]]s and [[credit officer]]s liked it so much they hasve kept it ever since.
-{{Waiver capsule}}
+These days, [[no waiver]] clauses are so deeply woven into the [[Boilerplate|legal furniture]] of commerce that we barely pause to regard them. We even see them in [[NDA]]s, for heaven’s sake.
-===Waiver chains===
-You will see deep in the [[boilerplate]] confections like this:
-{{quote|“Any waiver of any breach of this agreement shall not be deemed to operate as a waiver of any ''subsequent'' breach thereof.”}}
-You know what the JC thinks about [[I never said you couldn’t|contractual denials of things no-one was asserting in the first place]]: they are a waste of trees. Is this, as it seems, such a waste of trees, or are waivers some kind of magical force-field of contractual energy, that spark and fizz and o’er-leap logical gates, like pole-vaulting crabs — that one waiver could trigger a ''chain'' of waivers, snaking into the distance, or mushrooming exponentially into a violent litigatory fireball?
-Now, to be sure, it has been a while since the [[Jolly Contrarian|JC]] sat in a [[contract]] law lecture — but, readers, we don’t remember the golden thread of precedent that led down this particular alley. Nor, as far as we know has there been a new one in the intervening decades t hat should justify this boilerplate. We feel this is paranoid, throwaway [[verbiage]] — perhaps prompted by a near miss once, or a bad dream, or one of those psychiatric episodes credit officers are prone to.<ref>Legal scholars/students/friends: Do write in if you know the genesis of this piece of boilerplate, won’t you? enquiries@jollycontrarian.com</ref>
+===Disclaimer versus waiver===
+Sometimes [[disclaimer]]s are described as [[waiver]]s. Strictly speaking, different things. A “disclaimer” is a binding — we hope — contractual agreement limiting one’s liability for a given outcome. A “waiver” is a representation, unsupported by consideration, that one will not insist upon one’s existing contractual rights.
+===What is waived can never die. Can it?===
+{{Waiver capsule}}
+{{waiver chains}}
+===Contracting out===
+You can of course contract out of waivers. The rent review process in a standard commercial lease is a good example of when this happens. [[Time is of the essence|Time is deemed ''not'' of the essence]]: if the review is delayed, the landlord is entitled to back-date it, and charge accrued interest, it to when it was entitled to conduct rent review (though it will generally be held to an objectively-determined market rental for the period). We discuss this in a little more detail [[Time is of the essence#Time being not of the essence and rent review|here]].
 {{waiver}}
 *[[I never said it was]]
+{{ref}}