Common use of Delays or Omissions Clause in Contracts

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 713 contracts

Samples: Registration Rights Agreement (G1 Therapeutics, Inc.), Rights Agreement (Nerdwallet, Inc.), Shareholders Agreement (360 Finance, Inc.)

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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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 67 contracts

Samples: Investors’ Rights Agreement (Decipher Biosciences, Inc.), Investors’ Rights Agreement (Enzymotec Ltd.), Investors’ Rights Agreement (Gamida Cell 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 nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 47 contracts

Samples: Investors’ Rights Agreement (PureTech Health PLC), Registration Rights Agreement (Silvaco Group, Inc.), Investors’ Rights Agreement (AbSci Corp)

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 nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 35 contracts

Samples: Note Purchase Agreement (Xplore Technologies Corp), Investor and Registration Rights Agreement (American Capital Strategies LTD), Note and Warrant Purchase Agreement (iSign Solutions 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 nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 17 contracts

Samples: Investors’ Rights Agreement (Foghorn Therapeutics Inc.), Stockholder Agreement (Autobytel Inc), Adoption Agreement (Foghorn Therapeutics 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 14 contracts

Samples: Stockholders Agreement (Phibro Animal Health Corp), Investors’ Rights Agreement (Seer, Inc.), Investors’ Rights Agreement (Kiromic Biopharma, 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, nor any partial exercise thereof, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 11 contracts

Samples: Standstill Agreement (BioPharmX Corp), Registration Rights Agreement (BioPharmX Corp), Registration Rights Agreement (Glu Mobile 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 nonbreaching or nondefaulting party, nor shall will it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall will be cumulative and not alternative.

Appears in 10 contracts

Samples: Investor Rights Agreement (Urovant Sciences Ltd.), Voting Agreement (Guess Inc), Investor Rights Agreement (Myovant Sciences 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, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 7 contracts

Samples: Investors’ Rights Agreement (Instil Bio, Inc.), Investors’ Rights Agreement (Akoya Biosciences, Inc.), Investors’ Rights Agreement (Akoya Biosciences, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other or another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Tube Media Corp.), Stock Purchase Agreement (AGU Entertainment Corp.), Stock Purchase Agreement (U S Plastic Lumber Corp)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such the nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or waiver of or acquiescence in any similar breach or default theretofore or 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyHolder, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Registration Rights Agreement (Fallbrook Technologies Inc), Investor Rights Agreement (Tubemogul Inc), Investor Rights Agreement (Unity Software 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 nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Notes Purchase Agreement (Opgen Inc), Common Stock and Note Purchase Agreement (Opgen Inc), Note Purchase Agreement (Opgen Inc)

Delays or Omissions. No Except as otherwise provided herein to the contrary, no delay or omission to exercise any right, power, power or remedy accruing inuring to any party under this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether remedies either under this Agreement or by law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Master Agreement Regarding Multipurpose Arena, Entertainment Center Development Agreement, Entertainment Center Development Agreement

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such the nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default theretofore or 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyHolder, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Investor Rights Agreement (Rocket Fuel Inc.), Investor Rights Agreement (Rocket Fuel Inc.), Investor Rights Agreement (Rocket Fuel Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Commodore Applied Technologies Inc), Purchase Agreement (Faxsav Inc), Common Stock and Warrants Purchase Agreement (Ramtron International Corp)

Delays or Omissions. No Except as set forth in Section 2.1(c) (with respect to the Company’s failure to object promptly to a transfer), 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Magenta Therapeutics, Inc.), Investors’ Rights Agreement (Relay Therapeutics, Inc.), Investors’ Rights Agreement (Relay Therapeutics, 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 the party to whom such nonbreaching right, power or nondefaulting partyremedy accrues, nor shall it any such delay or omission be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Voting Agreement (Schrodinger, Inc.), Voting Agreement (Schrodinger, Inc.), Voting Agreement (Schrodinger, 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 nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether 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 (Gatsby Digital, Inc.), Investor Rights Agreement (Gatsby Digital, Inc.), Investors’ Rights Agreement

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Registration Rights Agreement (Remark Media, Inc.), Registration Rights Agreement (Remark Media, Inc.), Escrow Agreement (Remark Media, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. EXHIBIT B PROGRAM DESCRIPTION AND FEE STRUCTURE

Appears in 3 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement

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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, 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 (ZoomInfo Technologies Inc.), Registration Rights Agreement (Rani Therapeutics Holdings, Inc.), Registration Rights Agreement (ZoomInfo Technologies 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, nor any partial exercise thereof, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Sap Se), Stock Purchase Agreement (KalVista Pharmaceuticals, Inc.), Securities Purchase Agreement (Castlight Health, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Shares Subscription Agreement (Lifetime Brands, Inc), Stock Purchase Agreement (Speedemissions Inc), Stock Purchase Agreement (Ha Lo Industries 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 nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. (Signature Page Follows)

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Mineralys Therapeutics, Inc.), Investors’ Rights Agreement (Mineralys Therapeutics, Inc.), Investors’ Rights Agreement (Mineralys Therapeutics, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing to any party under this Agreementa party, upon any breach or default of any the other party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, the party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Stock Purchase Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/)

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, the parties hereto shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting partythe parties hereto, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or law, otherwise afforded to any partythe parties hereto, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Master Agreement (Seanergy Maritime Corp.), Master Agreement (Seanergy Maritime 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 nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement, Letter Agreement (Neuraxis, INC)

Delays or Omissions. No Except as set forth in Section 7.6 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 party under this Agreement, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Upwork Inc.), Investors’ Rights Agreement (Upwork 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Super League Gaming, Inc.), Investors’ Rights Agreement (Super League Gaming, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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 heretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Adoption Agreement (ACM Research, Inc.), Adoption Agreement (ACM Research, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party Party under 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 nonbreaching non-breaching or nondefaulting partynon-defaulting Party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Royalty Purchase Agreement (Medical Imaging Corp.), Royalty Purchase Agreement (Medical Imaging Corp.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Shares), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement (Interneuron Pharmaceuticals Inc), Stock Purchase Agreement (Seracare 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. [The remainder of this page is intentionally left blank.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Finch Therapeutics Group, Inc.), Preferred Stock Purchase Agreement (Finch Therapeutics Group, 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, the respective Parties hereunder shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting partythe Parties, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any party, the Parties shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stock Purchase Agreement (National Asset Recovery Corp.), Stock Purchase Agreement (Nasus Consulting, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. ACTIVE/119579555.22

Appears in 2 contracts

Samples: Investors’ Rights Agreement (PureTech Health PLC), Investors’ Rights Agreement (PureTech Health PLC)

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 nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Rights Agreement (Super League Gaming, Inc.), Rights Agreement (Super League Gaming, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing inuring to any party under this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such rightrights, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or of default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether remedies either under this Agreement or by law or otherwise afforded to any party, the parties shall be cumulative and or not alternative.

Appears in 2 contracts

Samples: Exchange Agreement (Cellstar Corp), Purchase Agreement (Cellstar Corp)

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Acquisition Consulting Agreement (Capital Title Group Inc), Consulting and Investor Relations Agreement (Sunrise Preschools Inc/De/)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing inuring to any party under this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether remedies either under this Agreement or by law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Purchase Agreement (Cellstar Corp), Exchange Agreement (Cellstar 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. (Signature page follows)

Appears in 2 contracts

Samples: Registration Rights Agreement (Vaxxinity, Inc.), Registration Rights Agreement (Vaxxinity, 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [EXECUTION PAGE #1 TO INVESTORS’ RIGHTS AGREEMENT’ [Company and Lead Investor]

Appears in 1 contract

Samples: Investors’ Rights Agreement (Access Industries Holdings LLC)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this Agreement, upon any breach or default of any other or another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Securities Issuance Agreement (Tube Media 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. [Remainder of page intentionally left blank.]

Appears in 1 contract

Samples: Registration Rights Agreement (Greenman 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [SIGNATURES FOLLOW]

Appears in 1 contract

Samples: Registration Rights Agreement (Dermavant Sciences LTD)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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 theretofore, or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Commodore Applied Technologies 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 nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law Law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Shareholders Agreement (Huize Holding LTD)

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 nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholders’ Agreement (Isonics 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [Remainder of this page intentionally left blank]

Appears in 1 contract

Samples: Investor’s Rights Agreement (Chimerix 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [signature page follows]

Appears in 1 contract

Samples: Registration Rights Agreement (GigOptix, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreementhereto, upon any breach or default of any other party under this Agreementhereto, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Rain Therapeutics 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 party under this Agreement, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting non‑defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Nuwellis, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any either party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Put and Call Agreement (Sacks Michael Ivan)

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Coinbase Global, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Apogee Therapeutics, 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. Successors and Assigns; No Third Party Beneficiaries.

Appears in 1 contract

Samples: Agreement (Presidio Property Trust, 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, Party hereunder shall impair any such right, power, or remedy of such nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or of any similar breach or default thereafter occurring, ; nor shall any failure to exercise any right, power, or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power, or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Med One Oak, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [Signature Page(s) Follow(s)]

Appears in 1 contract

Samples: Note Purchase Agreement (Data Systems & Software Inc)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or is 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Commodore Applied Technologies 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 nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Rani Therapeutics 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 impair any such right, power, or remedy of such nonbreaching non-breaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholders’ Rights Agreement (1427702 B.C. 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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 theretofor or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Cesca Therapeutics Inc.)

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Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any an such right, power, power or remedy of such nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by applicable law or otherwise afforded to any party, shall be cumulative cumulative, and not alternativeexclusive.

Appears in 1 contract

Samples: Management Agreement (Evolving Systems Inc)

Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party under this AgreementSchedule, upon any breach or default of any other party under this AgreementSchedule, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement Schedule or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (ZIM Integrated Shipping Services 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 nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [Signature page follows] INVESTOR RIGHTS AGREEMENT

Appears in 1 contract

Samples: Investor Rights Agreement (Akanda Corp.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any a party under this Agreement, hereto upon any breach or default under this Agreement of any the other party under this Agreement, hereto shall impair any such right, power, power or remedy of such nonbreaching the non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any acquiescence therein, or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or of default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Loan Agreement (Astoria Financial Corp)

Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party under this Agreementthe Secured Party, upon any breach or default of any other party the Debtor under this Agreement, Agreement shall impair any such right, power, or remedy of such nonbreaching or nondefaulting party, the Secured Party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any partythe Secured Party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Senior Loan Agreement (Heatwurx, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. Execution Version

Appears in 1 contract

Samples: Investors’ Rights Agreement (Talaris Therapeutics, 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [SIGNATURE PAGE FOLLOWS]

Appears in 1 contract

Samples: Investor Rights Agreement

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement Agreement, available at law or by law in equity, or otherwise afforded or available to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Icts International N V)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Common Stock), upon any breach or default of any other or another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pc Universe 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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 heretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. *****

Appears in 1 contract

Samples: Registration Rights Agreement (Brooklyn ImmunoTherapeutics, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Tenable Holdings, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing to any party under to this AgreementAgreement (including any holder of the Note or the Warrant), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Note Purchase Agreement (Blue Rhino Corp)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under Party to 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 nonbreaching non-breaching or nondefaulting partynon-defaulting Party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefor or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Adoption Agreement (Despegar.com, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law Law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholders Agreement (Fortress Value Acquisition Corp. II)

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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [EXECUTION PAGE #1 TO INVESTORS' RIGHTS AGREEMENT] [Company and Lead Investor]

Appears in 1 contract

Samples: Investors' Rights Agreement (Mapi - Pharma LTD)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such the nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default theretofore or 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyStockholder, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholders’ Agreement (Sweetgreen, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Adoption Agreement (Evolent Health, 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting and Bring Along 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Samples: Investors’ Rights Agreement (Alto Neuroscience, 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 the other party under this Agreement, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting partyremedy, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All It is further agreed that all remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any partya party under this Agreement, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting Agreement (Reply! Inc)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Common Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Vitafort International Corp)

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 nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remediesAny waiver, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.permit,

Appears in 1 contract

Samples: Voting Agreement (Bird Global, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by applicable law or otherwise afforded to any party, shall be cumulative and not alternativeexclusive.

Appears in 1 contract

Samples: Management Agreement

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreement, hereto upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter thereunder 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. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholders' Agreement (Cherokee International Corp)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under 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 nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, default or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Tactile Systems Technology Inc)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this AgreementParty or RIH, upon any breach or default of any other party under this AgreementParty, shall impair any such right, power, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting Party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hilltop 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, power or remedy of such nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholder Agreement (AutoWeb, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law applicable Law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Rights Agreement (InterPrivate III Financial Partners Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting and Support Agreement (Vincera 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. * * * * *

Appears in 1 contract

Samples: Investors’ Rights Agreement (Avalara Inc)

Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by applicable law or otherwise afforded to any party, shall be cumulative and not alternativeexclusive.

Appears in 1 contract

Samples: Management Agreement (CCUR Holdings, 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 nonbreaching non-breaching or nondefaulting party, non-defaulting Party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Securities Purchase Agreement (Tempo Automation Holdings, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this Agreement, upon any breach or default of any the other party under this Agreementparty, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, non-breaching party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remediesAny waiver, whether under this Agreement or by law or otherwise afforded to any partypermit, shall be cumulative and not alternative.consent or

Appears in 1 contract

Samples: Rights Agreement (Alliance Fiber Optic Products Inc)

Delays or Omissions. No delay or omission to exercise any right, power, power or ------------------- remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Roberts Pharmaceutical Corp)

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 nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remediesAny waiver, whether under this Agreement permit, consent or by law or otherwise afforded to approval of any party, shall be cumulative and not alternative.kind or

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Tri-Isthmus Group, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or of default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Softnet Systems Inc)

Delays or Omissions. No delay or omission to exercise of a Party in exercising 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, it shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting partyremedy, nor shall it be construed to be a waiver of any breach or default under this Agreement, or any acquiescence therein, or any waiver of or acquiescence to any such breach or default, or to in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy accruing to a Party or any waiver by a Party of any single breach or default by any other Party be deemed a waiver by such Party of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any partya Party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Restructuring Agreement (EMC International 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 nonbreaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [SIGNATURE PAGES FOLLOW]

Appears in 1 contract

Samples: Series a Preferred Stock Purchase 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurringoccurring before or thereafter, 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 occurringthereafter. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investor Rights Agreement (Arteris, Inc.)

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