Common use of Amendments; No Waivers Clause in Contracts

Amendments; No Waivers. Any provisions of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties or, in the case of a waiver, by the Party against whom the waiver is to be effective. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 11 contracts

Samples: Asset Contribution Agreement (SFX Entertainment, INC), Asset Contribution Agreement (SFX Entertainment, INC), Asset Contribution Agreement (SFX Entertainment, INC)

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Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties oreach party, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 7 contracts

Samples: Distribution Agreement (Centex Corp), Distribution Agreement (Centex Construction Products Inc), Distribution Agreement (dELiAs, Inc.)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties orall parties hereto, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Cornell Corrections Inc), Asset Purchase Agreement (Cornell Corrections Inc), Asset Purchase Agreement (U S Liquids Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties each party to this Agreement or, in the case of a waiver, by the Party each party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Voting Agreement (Paradigm Geophysical LTD), Voting Agreement (Paradigm Geophysical LTD), Voting Agreement (Shamrock Holdings Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Stockholder and the Transferor Parties orCompany, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 3 contracts

Samples: Standstill and Voting Agreement (Voxware Inc), Standstill and Voting Agreement (Sperling Peter V), Standstill and Voting Agreement (Callwave Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Delek Group and the Transferor Parties orDelek US, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Management & Consulting Agreement (Delek US Holdings, Inc.), Consulting Agreement (Delek US Holdings, Inc.)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Shareholder and the Transferor Parties orCompany, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Standstill Agreement (Spark Networks PLC), Standstill Agreement (Spark Networks PLC)

Amendments; No Waivers. Any provisions of (a) Neither this Agreement nor any term or provision hereof may be amended amended, changed or waived prior to modified except with the Closing if, and only if, written consent of all Parties. No waiver of any right hereunder shall be effective unless such amendment or waiver is signed in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties or, in the case of a waiver, by the Party against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by either party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. SECTION 7.09.

Appears in 2 contracts

Samples: Royalty Agreement, Royalty Agreement (Ligand Pharmaceuticals Inc)

Amendments; No Waivers. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by all of the Parties. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, signed by the Acquiring Parties and the Transferor Parties or, in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Voting and Support Agreement (Chevron Corp), Voting and Support Agreement (Hess Corp)

Amendments; No Waivers. Any provisions of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties or, in the case of a waiver, by the Party against whom the waiver is to be effective. No failure or delay by either party any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Asset Contribution Agreement (SFX Entertainment, INC), Asset Contribution Agreement (SFX Entertainment, INC)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties ILG and the Transferor Parties orLiberty, or in the case of a waiver, by the Party party or parties against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Ilg Spinco Agreement (Liberty Interactive Corp), Ilg Spinco Agreement (Interval Leisure Group, Inc.)

Amendments; No Waivers. Any provisions provision of this Agreement with respect to transactions contemplated hereby may be amended or waived prior to the Closing if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Acquiring Parties Seller and the Transferor Parties or, Purchaser; or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Stock Purchase Agreement (China Organic Agriculture, Inc.), Stock Purchase Agreement (Blink Couture Inc.)

Amendments; No Waivers. Any provisions of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Buyer and the Transferor Parties or, Sellers or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Function (X) Inc.)

Amendments; No Waivers. (a) Any provisions provision of this Agreement may be amended or waived prior to the Closing Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Buyer and the Transferor Parties or, Holder or in the case of a waiver, by the Party party against whom the waiver is to be effective. (b) No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. Section 9.

Appears in 1 contract

Samples: Voting and Payment Agreement (Pharmhouse Corp)

Amendments; No Waivers. (a) Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Buyer and the Transferor Parties orSeller, or in the case of a waiver, by the Party party against whom the waiver is to be effective. (b) No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Stock Purchase Agreement (St Joe Paper Co)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Sellers, Parent, Hess and the Transferor Parties or, Buyer or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hornbeck Offshore Services Inc /De/)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the First Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties orCompany, Parent, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Acquisition Agreement (Lynx Therapeutics Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Purchaser and the Transferor Parties orSeller, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Freeshop Com Inc)

Amendments; No Waivers. Any provisions provision of this Agreement (including the Disclosure Schedules) may be amended or waived prior to the Closing if, and only if, such amendment or is in writing and signed by the Purchaser and the Seller. Any provision of this Agreement may be waived if the waiver is in writing and signed, in the case of an amendment, signed by the Acquiring Parties and the Transferor Parties or, in the case of a waiver, by the Party against whom the waiver is party to be effectivebound. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or of further exercise thereof or the exercise of any other right, power or privilege. The Except as otherwise expressly provided for herein, the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawLaw.

Appears in 1 contract

Samples: Stock Purchase Agreement (Oncologix Tech Inc.)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Purchaser, the Designated Shareholder Representative and the Transferor Parties Escrow Agent, or, in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bassett Furniture Industries Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Acquiring Parties VF and the Transferor Parties orKontoor, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law. 9.

Appears in 1 contract

Samples: Kontoor Brands, Inc.

Amendments; No Waivers. (a) Any provisions provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Buyer and the Transferor Parties or, Sellers or in the case of a waiver, by the Party party against whom the waiver is to be effective. (b) No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Transaction Agreement (E Z Serve Corporation)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Company and the Transferor Parties or, Purchaser or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dgse Companies Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Company and the Transferor Parties or, Grey K or in the case of a waiver, by the Party party or parties against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Environmental Products Agreement (Stratos Renewables CORP)

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Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties DL CAPITAL and the Transferor Parties orLAPIS, or in the case of a waiver, by the Party against whom the waiver is to be effective. No failure or delay by either party any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Management and Consulting Agreement (Lapis Technologies Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties DL and the Transferor Parties orCompany, or in the case of a waiver, by the Party against whom the waiver is to be effective. No failure or delay by either party any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Consulting Agreement (Lapis Technologies Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties each Party to this Agreement or, in the case of a waiver, by the each Party against whom the waiver is to be effective. No failure or delay by either party any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Preferred Share Purchase Agreement (360networks Inc)

Amendments; No Waivers. Any provisions of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties orparties hereto, in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (SFX Entertainment, INC)

Amendments; No Waivers. Any provisions of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Royalty Holder and the Transferor Parties or, Grantor or in the case of a waiver, by the Party against whom the waiver is to be effective. No failure or delay by either party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Confidential Treatment (Innexus Biotechnology Inc)

Amendments; No Waivers. Any provisions of (a) Neither this Agreement nor any term or provision hereof may be amended amended, changed or waived prior to modified except with the Closing if, and only if, written consent of all parties hereto. No waiver of any right hereunder shall be effective unless such amendment or waiver is signed in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties or, in the case of a waiver, by the Party party against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. SECTION 7.09.

Appears in 1 contract

Samples: Interest Purchase Agreement (Ligand Pharmaceuticals Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties RxElite and the Transferor Parties orXxxxxx, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise existence of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Non Competition Agreement (RxElite, Inc.)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Company, NVP and the Transferor Parties orPurchaser, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Acquisition Agreement (@Road, Inc)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties both parties to this Agreement, and the Transferor Parties or, in the case of a waiver, by the Party party against whom the such waiver is to be effectiveadverse. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bruker Corp)

Amendments; No Waivers. (a) Any provisions provision of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Licensee and the Transferor Parties orLicensor, or in the case of a waiver, by the Party party against whom the waiver is to be effective. (b) No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (St Joe Paper Co)

Amendments; No Waivers. (a) Any provisions provision of this Agreement with respect to transactions contemplated hereby may be amended or waived prior to the Closing if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Acquiring Parties Seller and the Transferor Parties or, Purchaser; or in the case of a waiver, by the Party party against whom the waiver is to be effective. (b) No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilegeprivilege . The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.. Section 5.3

Appears in 1 contract

Samples: Stock Purchase Agreement (Taihe Group, Inc.)

Amendments; No Waivers. Any provisions provision of this Agreement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties orCompany, Parent, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Acquisition Agreement (Dickie Walker Marine Inc)

Amendments; No Waivers. Any provisions provision of this Agreement AgrEement may be amended or waived prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties and the Transferor Parties orall parties hereto, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cornell Corrections Inc)

Amendments; No Waivers. Any provisions of this Agreement may be amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Buyer and the Transferor Parties or, Seller or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and and. remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Asset Purchase Agreement (Moko Social Media LTD)

Amendments; No Waivers. Any provisions provision of this Agreement may be ------------------------ amended or waived prior to the Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Acquiring Parties Pacific and the Transferor Parties orCompany, or in the case of a waiver, by the Party party against whom the waiver is to be effective. No failure or delay by either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Conversion and Rights Agreement (Pacific Usa Holdings Corp)

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