A boilerplate clause seeking to preserve a party's rights where that party fails to take action in respect of a breach of contract. Long- and short-form clauses are provided. Guidance is provided on using the clause under the laws of China, Hong Kong, England and Wales.

(For a clause-by-clause guide to the value of boilerplate clauses and the effect of omitting them from business-to-business contracts, see Practice Note, Boilerplate: Do I Really Need This Clause and Why?.)

This clause is adapted from a boilerplate clause designed for use in documents governed by English law, which can be found at Practical Law UK, Standard Clause, Waiver.

This standard clause is available in Chinese. To download a Word version of this standard document in Chinese, click Standard Clause, Waiver: China (Chinese Language Version).