A waiver of contract occurs when a party to a contract waives or gives up one or more rights or benefits it has under the terms of the contract. A party generally does not waive its rights unless the waiver is made voluntarily and with knowledge of the rights being waived—known as a “knowing and voluntary relinquishment of rights.”

Contracts often include a non-waiver paragraph or provision stating that a party’s (or the parties’) failure to pursue or exercise certain rights under the contract does not constitute a waiver of those or other rights under the contract. Such non-waiver provisions are common in insurance contracts and other commercial contracts.

In Oklahoma, a waiver of contract is recognized when a party intentionally relinquishes a known right or conducts itself in a manner that is inconsistent with the contract's enforcement. This must be a voluntary and knowing act, often requiring clear and unequivocal evidence of the party's intent to waive the right. Oklahoma courts generally uphold non-waiver provisions in contracts, which specify that the failure to enforce or exercise rights does not amount to a waiver of those or any other rights. These provisions are designed to prevent inadvertent waivers and are particularly common in insurance and commercial contracts. However, even with a non-waiver clause, a party can still intentionally and explicitly waive its contractual rights if it chooses to do so. It's important to note that the specific circumstances and the contract's language will be crucial in determining whether a waiver has occurred.