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

Delays or Omissions; Remedies Cumulative. It is agreed that no delay or omission to exercise any right, power or remedy accruing to the parties shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of 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. It is further agreed that any waiver, permit, consent or approval of any kind or character by a party of any breach or default under this Agreement, or any waiver by a 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to a party, shall be cumulative and not alternative.

Appears in 11 contracts

Samples: Registration Rights Agreement (CKX, Inc.), Registration Rights Agreement (Total Gas & Electricity (PA) Inc), Investor and Registration Rights Agreement (Entremed Inc)

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Delays or Omissions; Remedies Cumulative. It is agreed that no delay or omission to exercise any right, power or remedy accruing to the parties parties, upon any breach or default of QuadraMed under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or of default, or any acquiescence therein, or of 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. It is further agreed that any waiver, permit, consent or approval of any kind or character by a party of any breach or default under this Agreement, or any waiver by a 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to a party, shall be cumulative and not alternative.

Appears in 8 contracts

Samples: Registration Rights Agreement (Resource Health Partners Lp), Registration Rights Agreement (Quadramed Corp), Registration Rights Agreement (Quadramed Corp)

Delays or Omissions; Remedies Cumulative. It is agreed that no delay or omission to exercise any right, power or remedy accruing to the parties parties, upon any breach or default of another party under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of 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. It is further agreed that any waiver, permit, consent or approval of any kind or character by a party of any breach or default under this Agreement, or any waiver by a 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to a party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Registration Rights Agreement (Capital Environmental Resource Inc), Form of Registration Rights Agreement (Capital Environmental Resource Inc), Registration Rights Agreement (Blue Truck Acquisition LLC)

Delays or Omissions; Remedies Cumulative. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to the parties any Party, upon any breach or default of another Party under this Agreement, shall impair any such right, power or remedy, remedy of such Party nor shall it be construed to be a waiver of any such breach or default, or any 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. It is further agreed that any waiver, permit, consent or approval Any Consent of any kind or character by a party on the part of any Party of any breach or default under this Agreement, or any waiver by a party on the part of any 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 writing and that all such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to a partyany holder, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Surgivision Inc), Stock Purchase and Loan Agreement (Surgivision Inc)

Delays or Omissions; Remedies Cumulative. It is agreed that no delay or omission to exercise any right, power or remedy accruing to the parties any party, upon any breach or default of another party under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of 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. It is further agreed that any waiver, permit, consent or approval of any kind or character by a party of any breach or default under this Agreement, or any waiver by a 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to a party, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Registration Rights Agreement (Waste Services, Inc.), Registration Rights Agreement (Waste Services, Inc.), Registration Rights Agreement (Prides Capital Partners, LLC)

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

Appears in 4 contracts

Samples: Promissory Note Purchase Agreement (Global Digital Solutions Inc), Promissory Note Purchase Agreement (Rvue Holdings, Inc.), Promissory Note Purchase Agreement (Rvue Holdings, Inc.)

Delays or Omissions; Remedies Cumulative. It is agreed that no delay or omission to exercise any right, power or remedy accruing to the parties shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of 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. It is further agreed that any Any waiver, permit, consent or approval of any kind or character by a party of any breach or default under this Agreement, or any waiver by a 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 writing and that all remedies, either under this Agreement, or by law or otherwise afforded to a party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement (OptiNose, Inc.), Registration Rights Agreement (OptiNose, Inc.)

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Delays or Omissions; Remedies Cumulative. It is agreed that no delay or omission to exercise any right, power or remedy accruing to the parties any party hereunder, upon any breach, default or noncompliance by another party under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default 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 noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by a party on any party’s part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver by a party on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing and that all such writing. All remedies, either under this Agreement, or by law law, or otherwise afforded to a partyparties hereunder, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investor Rights Agreement (Structure Therapeutics Inc.), Investor Rights Agreement (ShouTi Inc.)

Delays or Omissions; Remedies Cumulative. It is agreed that no delay or omission to exercise any right, power or remedy accruing to the parties shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of 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. It is further agreed that any waiver, permit, consent or approval of any kind or character by a party of any breach or default under this Agreement, or any waiver by a party of any provisions or conditions of this Agreement must be in writing writing, signed by the party granting such waiver, and shall be effective only to the extent specifically set forth in writing and that all remedies, either under this Agreement, or by law or otherwise afforded to a party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Novocure LTD)

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

Appears in 1 contract

Samples: Investors’ Rights Agreement (Castlight Health, Inc.)

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