Waiver is not a modification of a contract. Variations: If you are faced with a non-contract situation, be sure to review the laws relating to the transfer or assignment of contractual obligations, usually to third parties. Only certain rights within a contract can be transferred and stopped to a third party. As a general rule, silence cannot be considered a waiver, as you must indicate a deliberate and voluntary decision to waive contractual rights. State or government law enforcement regulatory authorities may grant derogations in order to exempt companies from certain rules. . . .