Delays or Omissions; Waivers. (a) No failure on the part of any Person to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Person in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
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Samples: Agreement and Plan of Merger (Xoom Inc), Stock Purchase Agreement (Catterton Simon Partners Iii Lp), Agreement and Plan of Merger (Beyond Com Corp)
Delays or Omissions; Waivers. (a) No failure on the part of any Person person to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Person person in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
Appears in 2 contracts
Samples: Preferred Stock Conversion Agreement (Odwalla Inc), Preferred Stock Conversion Agreement (Catterton Simon Partners Iii Lp)
Delays or Omissions; Waivers. (a) No failure on the part of any Person to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Person in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.,
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