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 Kansas, a waiver of contract is recognized when a party intentionally relinquishes a known right or conducts itself in such a manner that it is deemed to have given up a right or benefit under the contract. This must be a knowing and voluntary act. Kansas courts generally uphold the principle that waivers must be clear and unambiguous, and the party claiming a waiver has the burden of proof. Non-waiver clauses are commonly included in contracts to clarify that the failure to enforce a right or provision does not amount to a waiver of that right or any future rights. Such clauses are enforceable in Kansas and serve to protect parties from inadvertently waiving their rights through inaction or forbearance. In the context of insurance and commercial contracts, these provisions help maintain the contract's integrity and ensure that parties do not lose their rights unless there is a clear and intentional waiver.