Delays or Omissions. 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.
Appears in 652 contracts
Samples: Sale Agreement (PureTech Health PLC), Series a Preferred Stock Purchase Agreement (IntelliHome, Inc.), Membership Interest Purchase Agreement (Tabula Rasa HealthCare, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, 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 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 317 contracts
Samples: Preferred Stock Purchase Agreement (PogoTec, Inc.), Investors’ Rights Agreement (Prosper Marketplace Inc), Investors' Rights Agreement (Xtent Inc)
Delays or Omissions. 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 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 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.
Appears in 210 contracts
Samples: Voting Agreement (PureTech Health PLC), Rights Agreement (ThredUp Inc.), Adoption Agreement (Facible BioDiagnostics, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 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 party, shall be cumulative and not alternative.
Appears in 105 contracts
Samples: Co Sale Agreement (Hainan Oriental Jiechuang Investment Partnership (Limited Partnership)), Series F Preferred Share Purchase Agreement (Cloopen Group Holding LTD), Amended and Restated Shareholders Agreement (Cango Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 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 partyParty, shall be cumulative and not alternative.
Appears in 64 contracts
Samples: Share Purchase Agreement (Forwardly, Inc.), Share Purchase Agreement (Momo Inc.), Investor Rights Agreement (Daqo New Energy Corp.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementhereto, 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 hereto 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, 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 party, shall be cumulative and not alternative.
Appears in 35 contracts
Samples: Stock Purchase Agreement (Ameripath Inc), Asset Purchase Agreement (Huffy Corp), Agreement and Plan of Merger (Synthesis Energy Systems Inc)
Delays or Omissions. No Except as expressly provided herein, 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 party, shall be cumulative and not alternative.
Appears in 28 contracts
Samples: Agreement (Edgetech Services Inc), Subscription Agreement (Offerpad Solutions Inc.), Convertible Preferred Stock Purchase Agreement (Solazyme Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 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 Law or otherwise afforded to any partyParty, shall be cumulative and not alternative.
Appears in 24 contracts
Samples: Share Purchase Agreement (Momo Inc.), Preferred Share Purchase Agreement (CooTek(Cayman)Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 nondefaulting 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 holder 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 22 contracts
Samples: License Agreement (Supergen Inc), License Agreement (Supergen Inc), Stockholder Rights Agreement (Participate Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power 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 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 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.
Appears in 19 contracts
Samples: Investor Rights Agreement (Bellicum Pharmaceuticals, Inc), Share Purchase Agreement (Cocrystal Pharma, Inc.), Investor Rights Agreement (Bellicum Pharmaceuticals, Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 therefore 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 18 contracts
Samples: Securities Purchase Agreement (ScoutCam Inc.), Share Purchase Agreement (Medigus Ltd.), Share Purchase Agreement (Evogene Ltd.)
Delays or Omissions. 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 17 contracts
Samples: Stock Purchase Agreement (Roberts Realty Investors Inc), Note Purchase Agreement (iRhythm Technologies, Inc.), Agreement and Plan of Merger (Trulieve Cannabis Corp.)
Delays or Omissions. 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.
Appears in 16 contracts
Samples: Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc), Stock Purchase Agreement (Drugstore Com Inc)
Delays or Omissions. 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 nor an acquiescence therein, or nor a waiver of or acquiescence 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, permitpermission, 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.
Appears in 14 contracts
Samples: Stock Purchase Agreement (New Atlantic Venture Fund Iii L P), Stock Purchase Agreement (Rock Castle Holdings, LLC), Stock Purchase Agreement (PW Partners Atlas Fund III, LP)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, 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 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.
Appears in 13 contracts
Samples: Stock Purchase Agreement (Motorsport Gaming Us LLC), Stock Purchase Agreement (Motorsport Gaming Us LLC), Stockholders Agreement (Tabula Rasa HealthCare, Inc.)
Delays or Omissions. 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.
Appears in 13 contracts
Samples: Stock Investment Agreement (Catena Fund One, LP), Preferred Stock Investment Agreement, Series Seed Preferred Stock Investment Agreement
Delays or Omissions. 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-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.
Appears in 13 contracts
Samples: Unit Purchase Agreement, Stock Purchase Agreement, Membership Interest Purchase Agreement (Corebridge Financial, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, 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 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreementagreement, 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.
Appears in 11 contracts
Samples: Rights Agreement (Imanage Inc), Warrant Purchase Agreement (Allis Chalmers Corp), Rights Agreement (Imanage Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementWarrant, upon any breach or default of any other party under this AgreementWarrant, 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 AgreementWarrant, or any waiver on the part of any party of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 11 contracts
Samples: Twist Merger (Jazz Pharmaceuticals Inc), Warrant Agency Agreement (VirnetX Holding Corp), Loan Agreement (Bone Biologics, Corp.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 of any kind or character on the part of any party either Party of any breach or default under this Agreement, or any waiver on the part of any party either 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 partyeither Party, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Stock Purchase Agreement (VelaTel Global Communications, Inc.), Stock Purchase Agreement (China Tel Group Inc), Stock Purchase Agreement (China Tel Group Inc)
Delays or Omissions. No Except as expressly provided herein, no 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 this Agreement, Registration Rights 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 Registration Rights Agreement, or any waiver on the part of any party of any provisions or conditions of this Registration Rights Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Registration Rights Agreement or by law or otherwise afforded to any partyparty to this Registration Rights Agreement, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Registration Rights Agreement (Roughneck Supplies Inc.), Registration Rights Agreement (Omnilynx Communications Corp), Registration Rights Agreement (Black Warrior Wireline Corp)
Delays or Omissions. 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-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 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 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.
Appears in 9 contracts
Samples: Adoption Agreement (Naqi Logix Inc.), Adoption Agreement (Naqi Logix Inc.), Voting Agreement (Shackelford Pharma Inc.)
Delays or Omissions. 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.
Appears in 9 contracts
Samples: Series a Preferred Stock Purchase Agreement (KonaRed Corp), Stock Purchase Agreement (Penn National Gaming Inc), Series a Preferred Stock Purchase Agreement (Willsey Gregory Thomas)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any either party under to this Agreement, Agreement upon any breach or default of any the other party under this Agreement, 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 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Secured Convertible Note Purchase Agreement (Searchlight Minerals Corp.), Convertible Note and Warrant Purchase Agreement (Stratos Renewables CORP), Common Stock and Warrant Purchase Agreement (Searchlight Minerals Corp.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any securities issued or sold or to be issued or sold hereunder, upon any breach or default of any other party the Company under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party holder 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.
Appears in 8 contracts
Samples: Shareholders Agreement (Bingham Financial Services Corp), Preferred Stock Purchase Agreement (Genomic Solutions Inc), Preferred Stock Purchase Agreement (Genomic Solutions Inc)
Delays or Omissions. 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.
Appears in 8 contracts
Samples: Debt Conversion Agreement (Ediets Com Inc), Debt Conversion Agreement (Prides Capital Partners, LLC), Debt Conversion Agreement (Ediets Com Inc)
Delays or Omissions. No delay or omission to exercise any right, right power or remedy accruing to any party under this Agreement, or 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 will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 8 contracts
Samples: Credit Agreement (Ladenburg Thalmann Financial Services Inc.), Credit Agreement (Ladenburg Thalmann Financial Services Inc), Credit and Security Agreement (Long Island Iced Tea Corp.)
Delays or Omissions. 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-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 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 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.
Appears in 8 contracts
Samples: Voting Agreement (Gi Dynamics, Inc.), Adoption Agreement (Feel the World, Inc.), Adoption Agreement (Gi Dynamics, Inc.)
Delays or Omissions. 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 Agreementa Party, upon any breach or default of any the other party 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 of any kind or character on the part of any party a Party of any breach or default under this Agreement, or any waiver on the part of any party such 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.
Appears in 7 contracts
Samples: Services Agreement (Netratings Inc), Services Agreement (Netratings Inc), Agreement and Plan of Reorganization (Netratings Inc)
Delays or Omissions. 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 Agreementholder of any Shares, 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 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party holder 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.
Appears in 7 contracts
Samples: Master Agreement (Sonoma Systems), Preferred Stock Purchase Agreement (Netratings Inc), Preferred Stock Purchase Agreement (Avistar Communications Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 Unless otherwise expressly provided hereunder, any waiver, permit, consent or approval 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 party, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Maodong Xu), Registration Rights Agreement (Zhu Xiaoxia), Registration Rights Agreement (JMU LTD)
Delays or Omissions. 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 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.
Appears in 7 contracts
Samples: Stockholders’ Agreement (Carolina Complete Health Network, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this AgreementHolder, upon any breach or default of any other party the Company under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party Holder of any breach or default under this AgreementWarrant, or any waiver on the part of any party Holder of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Loan and Security Agreement (Beamr Imaging Ltd.)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, Party upon any breach or default of any other party Party under this Agreement, shall Agreement will impair any such right, power power, or remedy of such non-breaching defaulting Party, nor will such delay or non-defaulting party nor shall it omission be construed to be a waiver of any such breach or default, or an acquiescence thereinin such breach or default, or of or in any similar breach or default thereafter subsequently occurring; , nor shall will any waiver of any single breach or default be deemed a waiver of any other previous or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent consent, or approval 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 will 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 partyParty, shall will be cumulative and not alternative.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Capsource Financial Inc), Securities Purchase Agreement (Capsource Financial Inc), Securities Purchase Agreement (Capsource Financial Inc)
Delays or Omissions. 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 affording to any party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Voting Agreement (GDS Holdings LTD), Preference Shares Purchase Agreement (Utstarcom Inc), Voting Agreement (Sungy Mobile LTD)
Delays or Omissions. 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.
Appears in 6 contracts
Samples: Series Seeda Preferred Stock Purchase Agreement, Preferred Stock Purchaseinvestment Agreement, Stock Purchase Agreement (StemGen, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 previously or thereafter occurring. Any waiver, permit, consent or approval 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 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 partyParty, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Nominating and Voting Agreement (Golden Matrix Group, Inc.), Purchase and Sale Agreements (Us Energy Corp), Nominating and Voting Agreement (Us Energy Corp)
Delays or Omissions. 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.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Chemdex Corp), Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Preferred Stock and Warrant Purchase Agreement (Stamps Com Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this AgreementHolder, upon any breach or default of any other party the Company under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 Subject to Section 8, any waiver, permit, consent or approval of any kind or character on the part of any party Holder of any breach or default under this AgreementWarrant, or any waiver on the part of any party Holder of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Warrant Agreement (Pluristem Life Systems Inc), Pluristem Life Systems Inc, Pluristem Life Systems Inc
Delays or Omissions. No delay or omission to exercise any right, right power or remedy accruing to any party under this Agreement, or 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 will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law Law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 6 contracts
Samples: Merger Agreement (Quikbyte Software Inc), Escrow Agreement (Neovasc Inc), Merger Agreement and Plan of Reorganization (Wi-Tron, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Share Purchase Agreement (eHi Car Services LTD), Share Purchase Agreement (eHi Car Services LTD), Investors’ Rights Agreement (eHi Car Services LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any a party under to this Agreement, Agreement upon any breach or default of any the other party under this Agreement, shall Agreement will impair any such right, power or remedy of such non-breaching or non-defaulting party 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 will 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 partyparty to this Agreement, shall will be cumulative and not alternative.
Appears in 5 contracts
Samples: Subscription Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any a party under this Agreement, 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 a party of any breach or default under this Agreement, or any waiver on the part of any 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 such writing. All remedies, either under this Agreement or by law or otherwise afforded to any a party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Ordinary Share Purchase Agreement (ACM Research, Inc.), Class a Common Stock Purchase Agreement (ACM Research, Inc.), Stock Purchase Agreement (ACM Research, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, 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 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Preferred Stock Subscription Agreement (Knightscope, Inc.), Preferred Stock Subscription Agreement (Knightscope, Inc.), Preferred Stock Purchase and Exchange Agreement (Knightscope, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, 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 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 if specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Sale Agreement (Cancer Prevention Pharmaceuticals, Inc.), Investors’ Rights Agreement (Cancer Prevention Pharmaceuticals, Inc.), Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Agreement, Agreement upon any the breach or default of any other party hereto under this Agreement, 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 acquiescence therein, or of 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 a party hereto under this Agreement of any breach or default under this Agreement, or any waiver on the part of any party hereto 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 writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any partya party hereto, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Stock Repurchase Agreement (Albert W. Ondis Declaration of Trust), Stock Repurchase Agreement (Astro Med Inc /New/), Stock Repurchase Agreement (AstroNova, Inc.)
Delays or Omissions. 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 in equity or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party under to this Agreement, upon any breach or default of any the 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 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.
Appears in 4 contracts
Samples: Investor Rights Agreement (Ch2m Hill Companies LTD), Rights Agreement (Duolingo, Inc.), Investors’ Rights Agreement (IDEAYA Biosciences, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power 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.
Appears in 4 contracts
Samples: Investor Rights Agreement (Medical Solutions Management Inc.), Investor Rights Agreement (China Media Networks International Inc.), Investor Rights Agreement (Homeowners of America Holding Corp)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to the Company or any party under this Agreementother parties hereto or their respective successors or assigns, upon any breach or default of any other by another party hereto under this Agreement, Agreement shall impair any such right, power or remedy of the Company or such non-breaching other party or non-defaulting party their respective successors or assigns, as the case may be, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of a waiver of or acquiescence 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; provided, however, that this Section 8.6 shall not be interpreted to extend the date or time for any right, privilege or option beyond that expressly set forth elsewhere in this Agreement. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder 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, holder shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock Purchase Agreement (B-Scada, Inc.), Stock Purchase Agreement (B-Scada, Inc.), Stock Purchase Agreement (Hotel Outsource Management International Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or ------------------- omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 nondefaulting 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 holder 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Amendment Agreement (Numerical Technologies Inc), Shareholders Rights Agreement (Talk City Inc), Stockholders Agreement (Cais Internet Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, or 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 will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law Law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Voting and Conversion Agreement (Applied Nanotech Holdings, Inc), Voting Agreement (Searchmedia Holdings LTD), Agreement and Plan of Merger (Applied Nanotech Holdings, Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 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 Party of any breach or default under this Agreement, or any waiver on the part of any party 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 partyParty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Adoption Agreement (Lemonade, Inc.), Adoption Agreement (Rise Companies Corp), Adoption Agreement (Lemonade, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 nondefaulting 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 Holder 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: ’s Rights Agreement (Sagent Technology Inc), Common Stock Rights Agreement (Sagent Technology Inc), Common Stock Rights Agreement (Sagent Technology Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement, upon any breach the Related Agreements or default of any other party under this Agreementthe Restated Charter, 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 breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default noncompliance thereafter occurring; 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 any party’s part of any party of any breach breach, default or default noncompliance under this Agreement, the Related Agreements or the Restated Charter or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, the Related Agreements or the Restated Charter must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, the Related Agreements or by law the Restated Charter or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series E Preferred Stock Purchase Agreement (LendingClub Corp), Series F Preferred Stock Purchase Agreement (LendingClub Corp), Series C Preferred Stock Purchase Agreement (LendingClub Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any the other party Party under this Agreement, 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 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 partyParty to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.), Note Satisfaction and Securities Purchase Agreement (Lightpath Technologies Inc)
Delays or Omissions. 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 signed by the party charged with such waiver and such waiver 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.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Printcafe Software Inc), Preferred Stock Purchase Agreement (Printcafe Inc), Stock Purchase Agreement (Printcafe Inc)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power power, or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any other party Party under this Agreement, shall Agreement will impair any such right, power power, or remedy of such non-breaching defaulting Party, nor will such delay or non-defaulting party nor shall it omission be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar subsequent breach or default thereafter occurring; default, nor shall will any waiver of any single breach or default be deemed a waiver of any other previous or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent consent, or approval of any kind or character on the part of by any party of Party with respect to any breach or default under this Agreement, or any waiver on the part of by any party Party of any provisions or conditions of this Agreement, Agreement must be in writing and shall will 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 partyParty to this Agreement, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (PACS Group, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.)
Delays or Omissions. No Except as expressly provided herein, 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 another party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching party that is not in breach or non-defaulting party default 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.
Appears in 4 contracts
Samples: Note Purchase Agreement (Serviceware Technologies Inc/ Pa), Registration Rights Agreement (Frontline Communications Corp), Registration Rights Agreement (National Oilwell Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Purchase Agreement upon any breach or default of any other party under this Agreement, 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 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Conversion Agreement (TWO RIVERS WATER & FARMING Co), Conversion Agreement (TWO RIVERS WATER & FARMING Co), Conversion Agreement (TWO RIVERS WATER & FARMING Co)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or any Series C Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party Series C Purchaser, 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 of 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 Seller Party or any Series C Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or any Series C Purchaser 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 Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series C Purchaser shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series C Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD), Series C Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series C Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, 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 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Standstill and Stock Restriction Agreement (Arcellx, Inc.), Standstill and Stock Restriction Agreement (Denali Therapeutics Inc.), Standstill and Stock Restriction Agreement (Arcellx, Inc.)
Delays or Omissions. 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 nonbreaching 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.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Arrowhead Research Corp), Investors’ Rights Agreement (Arrowhead Research Corp), Adoption Agreement (Arrowhead Research Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 previously or thereafter occurring. Any waiver, permit, consent or approval 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Voting Agreement (FIGS, Inc.), Voting Agreement (FIGS, Inc.), Voting Agreement (DESRI Inc.)
Delays or Omissions. 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 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.
Appears in 3 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (First Physicians Capital Group, Inc.), Securities Exchange Agreement (TurboWorx, Inc.), Securities Exchange Agreement (National Scientific Corp/Az)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party under this Agreementholder of any securities issued or sold or to be issued or sold hereunder, 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 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party holder 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.
Appears in 3 contracts
Samples: Anchor Pacific Underwriters Inc, Anchor Pacific Underwriters Inc, Anchor Pacific Underwriters Inc
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power 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 consent, or approval 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series D Preferred Share Purchase Agreement (Li Auto Inc.), Series D Preferred Share Purchase Agreement (Li Auto Inc.), Amended and Restated Shareholders Agreement (Li Auto Inc.)
Delays or Omissions. 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-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.
Appears in 3 contracts
Samples: Sale Agreement (Mode Mobile, Inc.), Sale Agreement (Mode Mobile, Inc.), Statera Biopharma, Inc.
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Class D Preferred Unit Purchase Agreement (Walgreens Boots Alliance, Inc.), Purchase Agreement (Walgreens Boots Alliance, Inc.), Purchase Agreement (Walgreens Boots Alliance, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 therefore 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.
Appears in 3 contracts
Samples: Shareholders Agreement (R.V.B. Holdings LTD), Share Purchase Agreement (Greenstone Industries Ltd.), Option Agreement (Mazal Resources B.V.)
Delays or Omissions. No delay in exercising or omission failure 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.
Appears in 3 contracts
Samples: Subscription Agreement (DiamondHead Holdings Corp.), Subscription Agreement (DiamondHead Holdings Corp.), Subscription Agreement (Conversant Capital LLC)
Delays or Omissions. No It is agreed that no 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 this Agreement, the Subscription Documents 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 by the part of any non-breaching party of any breach or default by any other party under this Agreement, or any waiver on the part of any party thereby 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 the non-breaching party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Neuraxis, INC), Securities Purchase Agreement (Neuraxis, INC), Securities Purchase Agreement (Neuraxis, INC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy rem- edy 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-non- defaulting party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence acqui- escence 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.
Appears in 3 contracts
Samples: Preferred Stock Investment Agreement, Preferred Stock Investment Agreement, Preferred Stock Investment Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any securities issued or sold or to be issued or sold hereunder, upon any breach or default of any other party the Company under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 party holder of any breach or default under this AgreementWarrant, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, Warrant must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Altus Pharmaceuticals Inc.), Strategic Alliance Agreement (Altus Pharmaceuticals Inc.), Strategic Alliance Agreement (Altus Pharmaceuticals Inc.)
Delays or Omissions. 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.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (LEGALZOOM.COM, Inc.), Investors’ Rights Agreement (Legalzoom Com Inc), Preferred Stock Purchase Agreement (Planet Zanett Inc)
Delays or Omissions. 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Shareholders Agreement (Cerberus Cyber Sentinel Corp), Lock Up Agreement (Cerberus Cyber Sentinel Corp), Shareholders Agreement (Cerberus Cyber Sentinel Corp)
Delays or Omissions. No Except as expressly provided herein, 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 another party the Company under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching party that is not in breach or non-defaulting party default 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.
Appears in 3 contracts
Samples: Registration Rights Agreement (Carrizo Oil & Gas Inc), Registration Rights Agreement (Edge Petroleum Corp), Registration Rights Agreement (Carrizo Oil & Gas Inc)
Delays or Omissions. No delay or omission to exercise any right, power 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 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.
Appears in 3 contracts
Samples: Investor Rights Agreement (Cruisestock Inc.), Investor Rights Agreement (Brookside Technology Holdings, Corp.), Investor Rights Agreement (Brookside Technology Holdings, Corp.)
Delays or Omissions. 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-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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Share Purchase Agreement, Plan of Merger and Securities Purchase Agreement (Valens Company, Inc.), Series a Preferred Unit Purchase Agreement (Tucows Inc /Pa/)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementGroup Company, any Founder Party or Series D Purchaser, upon any breach or default of any other party Party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Group Company, Founder Party or non-defaulting party Series D Purchaser, 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 of 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 Group Company, any Founder Party or Series D Purchaser of any breach or default under this Agreement, Agreement or any waiver on the part of any party Group Company, any Founder Party or Series D Purchaser 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 Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any partythe Group Companies, the Founder Parties and the Series D Purchasers shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series D Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series D Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD), Series D Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, 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 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 waiver, permit, consent or approval of any kind or of 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (21 Vianet Group, Inc.), Registration Rights Agreement (Temasek Holdings (Private) LTD), Registration Rights Agreement (King Venture Holdings LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, Party upon any breach or default of any other party Party under this Agreement, Agreement shall impair any such right, power 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 occurring before or thereafter occurringafter such waiver. Any waiver, permit, consent consent, or approval 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 partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Rights Agreement (Life Sciences Research Inc), Rights Agreement (Life Sciences Research Inc), Rights Agreement (Life Sciences Research Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, 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 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 party holder of any breach or default under this Agreement, Agreement or any waiver on the part of any party holder 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.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (General Atlantic Partners LLC), Preferred Stock Purchase Agreement (Probusiness Services Inc), Purchase Agreement (Rhone Poulenc Rorer Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or any Series B-4 Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party Series B-4 Purchaser, 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 of 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 Seller Party or any Series B-4 Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or any Series B-4 Purchaser 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 Subject to Section 8.01, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series B-4 Purchaser shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD), Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD), Preferred Shares Purchase Agreement (Pinduoduo Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-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 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Doximity, Inc.), Investors’ Rights Agreement (Doximity, Inc.), Investors’ Rights Agreement (Vaxcyte, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, hereto upon any breach or default of any other another party hereto under this Agreement, 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, 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 hereto, 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 partyparty hereto, shall be cumulative alternative and not alternativecumulative.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Glu Mobile Inc), Series D Preferred Stock Purchase Agreement (Glu Mobile Inc), Preferred Stock Purchase Agreement (Lojack Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreementparty, upon any breach or default of any other party the Company or a Stockholder under this Agreement, Agreement shall impair any such right, power 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 thereinin any such breach or default, or of or in any similar breach or default thereafter occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter any such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party of any breach or default under this Agreement, Agreement or any waiver on the part of any party 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 writing. 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: Sale Agreement (Q2 Holdings, Inc.), Adoption Agreement (RetailMeNot, Inc.), Sale Agreement (Q2 Holdings, Inc.)
Delays or Omissions. 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-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.
Appears in 3 contracts
Samples: Series a Preference Shares Exchange Agreement, Investment Agreement, Series Seed Preferred Stock Subscription Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party under this Agreement, upon any breach or default of any the 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 either party of any breach or default under this Agreement, or any waiver on the part of any either 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 either party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (ACM Research, Inc.), Securities Purchase Agreement (ACM Research, Inc.), Securities Purchase Agreement (ACM Research, Inc.)
Delays or Omissions. No 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 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.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Sagimet Biosciences Inc.), ’ Rights Agreement (Sagimet Biosciences Inc.), Investors’ Rights Agreement (Sagimet Biosciences Inc.)
Delays or Omissions. 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 under this Agreement, shall Agreement will impair any such right, power or remedy of such non-breaching party; no such delay or non-defaulting party nor shall it omission will 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 no waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring; and no provision of this Agreement shall be implied from any course of dealing between the parties hereto. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or of default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall will 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.
Appears in 3 contracts
Samples: Shareholders Agreement (Americold Realty Trust), Shareholders Agreement (Americold Realty Trust), Shareholders Agreement (Americold Realty Trust)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe named 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 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 party holder of any breach or default under this Agreement, or any waiver on the part of any party holder 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 whether under this Agreement or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Mindarrow Systems Inc, Mindarrow Systems Inc, Mindarrow Systems Inc
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementof the parties hereto, upon any breach or default of any of the other party parties hereto 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 hereto of any breach or default under this Agreement, or any waiver on the part of any party hereto 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 writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyparty hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Cellomics Inc), Series C Preferred Stock Purchase Agreement (Cellomics Inc), Preferred Stock and Warrant Purchase Agreement (Cellomics Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 Agreementagreement, 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 partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Euphonix Inc \Ca\), Preferred Stock Purchase Agreement (Participate Com Inc), Preferred Stock Purchase Agreement (Superconductor Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or the Series C-3 Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party the Series C-3 Purchaser, 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 of 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 Seller Party or the Series C-3 Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or the Series C-3 Purchaser 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 Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series C-3 Purchaser shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD), Preferred Shares Purchase Agreement (Pinduoduo Inc.), Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power power, or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any other party Party under this Agreement, shall Agreement will impair any such right, power power, or remedy of such non-breaching defaulting Party, nor will such delay or non-defaulting party nor shall it omission be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar subsequent breach or default thereafter occurring; default, nor shall will any waiver of any single breach or default be deemed a waiver of any other previous or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent consent, or approval of any kind or character on the part of by any party of Party with respect to any breach or default under this Agreement, or any waiver on the part of by any party Party of any provisions or conditions of this Agreement, must be in writing and shall will 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 partyParty to this Agreement, shall will be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Capsource Financial Inc), Registration Rights Agreement (Capsource Financial Inc), Registration Rights Agreement (Capsource Financial Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party 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 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 affording to any partyParty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Members Agreement (Sagent Holding Co.), Stockholders Agreement (Sagent Pharmaceuticals, Inc.), Series a Preference Shares Purchase Agreement (Sagent Holding Co.)
Delays or Omissions. 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 party, nor shall it be construed to be a waiver of or acquiescence to 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 whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Sacks Michael Ivan), Registration Rights Agreement (ULURU Inc.), Registration Rights Agreement (Sacks Bradley J.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, the Companies or the Investors upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching the Companies or non-defaulting party the Investors 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 Companies or the Investors of any breach or default under this Agreement, or any waiver on the part of any such 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, the Companies or the Investors shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Global Signal Inc), Securities Purchase Agreement (Prison Realty Trust Inc), Securities Purchase Agreement (Pinnacle Holdings Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, 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 holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or waiver of or acquiescence 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 holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and be executed by the party to be bound thereby, 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.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Horizon Organic Holding Corp), Stock Purchase Agreement (Jato Communications Corp), Common Stock Purchase Agreement (Miningco Com Inc)
