Delays or Omission. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of another party under this Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series a Preferred Stock Subscription Agreement (Acorn Energy, Inc.), Convertible Note Purchase Agreement (Applied Neurosolutions Inc), Note and Warrant Purchase Agreement (Applied Neurosolutions Inc)
Delays or Omission. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementAgreement (including any holder of the Shares), upon any breach or default of another party under this Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Section 1 (Hemoxymed Inc)
