Common use of Delays or Omissions; Waiver Clause in Contracts

Delays or Omissions; Waiver. No delay or omission to exercise any right, power or remedy accruing to any Holder upon any breach or default of the Company under this Agreement shall impair any such right, power or remedy of such Holder, 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 Holder or the Company of any breach or default under this Agreement or any waiver on the part of the Company or any Holder of any provisions or conditions of this Agreement must be made 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 Holder or the Company, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Registration Rights Agreement (Medicinova Inc), Investors Rights Agreement (Light Sciences Oncology Inc), Investors Rights Agreement (Light Sciences Oncology Inc)

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Delays or Omissions; Waiver. No delay or omission to exercise any right, power power, or remedy accruing to the Investor of any Holder Securities upon any breach or default of the Company under this Agreement shall impair any such right, power power, or remedy of such Holderthe Investor , 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 consent, or approval of any kind or character on the part of any Holder or the Company Investor of any breach or default under this Agreement Agreement, or any waiver on the part of the Company or any Holder Investor of any provisions or conditions of this Agreement Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any Holder or the CompanyInvestor, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Share Purchase Agreement (N-Viro International Corp)

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