Common use of Delays or Omissions; Remedies Cumulative Clause in Contracts

Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be are cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No Except as otherwise set forth in Sections 2 or 3 of this Agreement, it is agreed that no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other another party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any 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. Any It is further agreed that, except as otherwise set forth in Sections 2 or 3 of this Agreement, any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No It is agreed that no ---------------------------------------- delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementparty, upon any breach or default of any other another party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party the Lender under this AgreementAgreement or the Notes, upon any breach or default of any other party the Company under this Agreementthe Agreement or the Notes, shall impair any such right, power or remedy of such non-breaching or non-defaulting party the Lender 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. Any waiver, permit, consent or approval of any kind or character on the part of any party the Lender of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partythe Lender, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No It is agreed that no ---------------------------------------- delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other another party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No It is agreed that no ---------------------------------------- delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or of default, or an any 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any 14 waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No It is agreed that no delay ---------------------------------------- or omission to exercise any right, power or remedy accruing to any party under this Agreementthe parties, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any by a party of any breach or default under this Agreement, or any waiver on the part of any by a party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No Neither shall any delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, upon any breach or default of any other party under to this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting 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. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party hereto of any provisions provision or conditions condition of this Agreement, must be in a writing delivered in accordance with the terms hereof and shall be effective only to the extent specifically set forth in such writing. All remediesNone of the rights, either under this Agreement powers or by law remedies conferred upon the Purchasers on the one hand or otherwise afforded to any partythe Company on the other hand shall be mutually exclusive, and each such right, power or remedy shall be cumulative and not alternativein addition to every other right, power or remedy, whether conferred by this Agreement, any of the other Transaction Documents or the Amended and Restated Certificate of Incorporation or now or hereafter available at law, in equity, by statute or otherwise.

Delays or Omissions; Remedies Cumulative. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any party under this AgreementParty, upon any breach or default of any other party another Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval Consent of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions provision or conditions condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party a Lender under this AgreementAgreement or the Notes, upon any breach or default of any other party the Company under this Agreementthe Agreement or the Notes, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Lender 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. Any waiver, permit, consent or approval of any kind or character on the part of any party a Lender of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partya Lender, shall be cumulative and not alternative.