How does a 'non-waiver' clause explicitly prevent a party from inadvertently losing a contractual right, even if they have previously tolerated a breach of that specific right?

A 'non-waiver' clause explicitly prevents a party from inadvertently losing a contractual right by countering the legal principle of 'waiver by conduct'. Waiver, in contract law, is the voluntary relinquishment or abandonment of a known right. Without a non-waiver clause, a party's repeated tolerance or forbearance of another party's breach of a specific contractual obligation can be interpreted by a court as an 'implied waiver' of the right to enforce that particular obligation in the future. This means that if a party consistently allows a breach to occur without objection or enforcement, they might unintentionally lose their ri....