Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 161 contracts
Samples: Stock Purchase Agreement (Freebutton, Inc.), Note and Warrant Purchase Agreement (Biovest International Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Note or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 41 contracts
Samples: Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (Electric City Corp)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement or the Related Agreements, shall impair any such right, power power, or remedyremedy of such party, nor shall it be construed to be a waiver of or acquiescence to any such breach, default breach or noncompliance, or any acquiescence thereindefault, or of or in any similar breach, breach or default or noncompliance thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 30 contracts
Samples: Investor Rights Agreement (TCP-ASC ACHI Series LLLP), Voting Agreement (CIE Management II LTD), Stockholders Agreement (Deerfield Capital Corp.)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 12 contracts
Samples: Securities Purchase Agreement (American Water Star Inc), Securities Purchase Agreement (Clinical Data Inc), Securities Purchase Agreement (Minatura Gold)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to any partyparty hereto, upon any breach, breach or default or noncompliance by another of any other party hereto under this Agreement or the Related AgreementsAgreement, shall impair any such right, power or remedy, remedy of such former party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of or in any similar breach, breach of default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Warrant Purchase Agreement (China Sunergy Co., Ltd.), Share Purchase Agreement (Phoenix New Media LTD), Share Purchase Agreement (Phoenix New Media LTD)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, remedies shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Executive Employment Agreement (Imarx Therapeutics Inc), Invention and Confidential Information Agreement (Imarx Therapeutics Inc), Invention and Confidential Information Agreement (Imarx Therapeutics Inc)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to any party, party hereto upon any breach, breach or default or noncompliance by of another party hereto under this Agreement or the Related Agreements, shall impair any such right, power or remedy, remedy of such party nor shall it be construed to be a waiver of any such breach, breach or default or noncompliance, or any an acquiescence therein, therein or of or in any similar breach, breach or default or noncompliance thereafter occurring. All remedies, either whether under this Agreement or the Related AgreementsAgreement, by law Regulation or otherwise otherwise, afforded to any party, party shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Fairpoint Communications Inc), Stock Purchase Agreement (Fairpoint Communications Inc), Stock Purchase Agreement (Fairpoint Communications Inc)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsAgreement, by law law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Sharing and Disaffiliation Agreement (Surebeam Corp), Contribution Agreement (Goldrange Resources, Inc.), Purchase and Sale Agreement (ReoStar Energy CORP)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to any partyeither Party, upon any breach, default or noncompliance by another party the other Party under this Agreement or the Related AgreementsAgreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Share Purchase Agreement (Hanwha Solar Holdings Co., Ltd.), Share Purchase Agreement (LDK Solar Co., Ltd.), Share Purchase Agreement (LDK Solar Co., Ltd.)
Delays or Omissions. 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 or the Related AgreementsAgreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsAgreement, by law law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Gp Strategies Corp), Registration Rights Agreement (Jaguar Health, Inc.), Management and Advisory Services Agreement (Hughes Communications, Inc.)
Delays or Omissions. 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 non-compliance by another party under this Agreement or the Related AgreementsTransaction Documents, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Note, the Warrant or the Related Agreementsother Transaction Documents, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Stockeryale Inc)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (New Century Energy Corp.)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power power, or remedy accruing to any party, either party or its respective successors and assigns upon any breach, default or noncompliance by another of the other party hereto under this Agreement or the Related Agreements, shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All It is further agreed that all remedies, either under this Agreement or the Related AgreementsAgreement, by law law, or otherwise afforded to any party, either party shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Registration Rights Agreement (Galagen Inc), Subscription Agreement (Galagen Inc), Subscription Agreement (Galagen Inc)
Delays or Omissions. It is agreed that no No delay or omission to exercise any ------------------- right, power or remedy accruing to any party, party hereto upon any breach, breach or default or noncompliance by of another party hereto under this Agreement or the Related Agreements, shall impair any such right, power or remedy, remedy of such party nor shall it be construed to be a waiver of any such breach, breach or default or noncompliance, or any an acquiescence therein, therein or of or in any similar breach, breach or default or noncompliance thereafter occurring. All remedies, either whether under this Agreement or the Related AgreementsAgreement, by law Regulation or otherwise otherwise, afforded to any party, party shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Escrow Agreement (MJD Communications Inc), Consulting Agreement (MJD Communications Inc), Escrow Agreement (MJD Communications Inc)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to any partyParty hereto, upon any breach, breach or default or noncompliance by another party of any other Party hereto under this Agreement or the Related AgreementsAgreement, shall impair any such right, power or remedy, remedy of such former party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of or in any similar breach, breach of default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Share Purchase Agreement (17 Education & Technology Group Inc.), Share and Warrant Purchase Agreement (Ruipeng Pet Group Inc.), Series B Preferred Share Purchase Agreement (Yatsen Holding LTD)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to any partyParty hereto, upon any breach, breach or default or noncompliance by another party of any other Party hereto under this Agreement or the Related AgreementsAgreement, shall impair any such right, power or remedy, remedy of such former Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of or in any similar breach, breach of default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series F Preferred Share Purchase Agreement (17 Education & Technology Group Inc.), Series F Preferred Share Purchase Agreement (17 Education & Technology Group Inc.), Share Purchase Agreement (Phoenix New Media LTD)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or Agreement, the Related AgreementsRestated Charter, by law law, or otherwise afforded to any party, shall be cumulative and not alternativeexclusive.
Appears in 3 contracts
Samples: Subscription Agreement (William Lyon Homes), Common Stock and Warrant Purchase Agreement (Lyon William H), And Warrant Purchase Agreement (William Lyon Homes)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to any party, party hereto upon any breach, breach or default or noncompliance by of another party hereto under this Agreement or the Related Agreements, shall impair any such right, power or remedy, remedy of such party nor shall it be construed to be a waiver of any such breach, breach or default or noncompliance, or any an acquiescence therein, therein or of or in any similar breach, breach or default or noncompliance thereafter occurring. All remedies, either whether under this Agreement or the Related AgreementsAgreement, by law or otherwise otherwise, afforded to any party, party shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (HLM Design Inc), Personally Held Intangibles Purchase Agreement (Audiovox Corp), Goodwill Purchase Agreement (HLM Design Inc)
Delays or Omissions. 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 or the Related Agreements, other Transaction Agreements shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related other Transaction Agreements, by law law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ameritrans Capital Corp), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Doral Financial Corp)
Delays or Omissions. 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 or the Related AgreementsAgreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsAgreement, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (West Coast Pictures LLC), Securities Purchase Agreement (Kings Road Entertainment Inc), Securities Purchase Agreement (InZon CORP)
Delays or Omissions. 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, the Asset Purchase Agreement or the Related AgreementsNote, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement, the Asset Purchase Agreement or the Related AgreementsNote, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp), Security Agreement (On THE MOVE Corp)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement or the Related Agreements, shall impair any such right, power power, or remedyremedy of such party, nor shall it be construed to be a waiver of or acquiescence to any such breach, default breach or noncompliance, or any acquiescence thereindefault, or of or in any similar breach, breach or default or noncompliance thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. All remedies, either whether under this Agreement or the Related Agreements, by law Law or otherwise afforded to any partyparty hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (B. Riley Financial, Inc.), Stock Purchase Agreement (Simplify Inventions, LLC), Stock Purchase Agreement (Simplify Inventions, LLC)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power power, or remedy accruing to any party, upon any breach, default or noncompliance by another party Party under this Agreement or the Related Agreements, shall impair any such right, power power, or remedyremedy of such Party, nor shall it be construed to be a waiver of or acquiescence to any such breachbreach or default, default or noncompliance, or any acquiescence therein, or of or in any similar breach, breach or default or noncompliance thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. All remedies, either under this Agreement or the Related Agreements, by law Law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Ark Pacific Investment Management LTD), Contribution Agreement (Mr. Cooper Group Inc.), Convertible Note and Warrant Purchase Agreement (The9 LTD)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or remedy accruing to any a party, upon any breach, breach or default or noncompliance by another of any party hereto under this Agreement or the Related AgreementsAgreement, shall impair any such right, power or remedyremedy of such party, nor shall it be construed to be a waiver of any such breach, breach or default or noncomplianceany subsequent breach or default. Any waiver, permit, consent or approval of any acquiescence therein, kind or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under character related to this Agreement or on the Related Agreements, by law or otherwise afforded to any party, part of either party must be in writing and shall be cumulative and not alternativeeffective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Convertible Note Subscription Agreement (CNC Development Ltd.), Convertible Bridge Loan and Warrant Agreement (Akorn Inc), Forbearance Agreement (Akorn Inc)
Delays or Omissions. 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 or the Related Agreementsother Exchange Documents, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreementsother Exchange Documents, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Exchange Agreement (Bio Key International Inc), Securities Exchange Agreement (Bio Key International Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement or the Related AgreementsWarrant, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsWarrant, by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Emezine Settlement Agreement (Biodelivery Sciences International Inc), Emezine Settlement Agreement (Accentia Biopharmaceuticals Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement or the Related Agreements, shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsAgreement, by law law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Carmot Therapeutics Inc.), Investors’ Rights Agreement (Broncus Technologies Inc/Ca)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Purchaser Notes, the Warrant or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Tidel Technologies Inc), Securities Purchase Agreement (Tidel Technologies Inc)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power power, or remedy accruing to any party, upon any breach, default or noncompliance by another party Party under this Agreement or the Related Agreements, shall impair any such right, power power, or remedyremedy of such Party, nor shall it be construed to be a waiver of or acquiescence to any such breach, default breach or noncompliance, or any acquiescence thereindefault, or of or in any similar breach, breach or default or noncompliance thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Asset Purchase Agreement (CIFC Corp.), Investment Agreement (CIFC Corp.)
Delays or Omissions. 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 non-compliance by another party under this Agreement or the Related AgreementsTransaction Documents, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Note or the Related Agreementsother Transaction Documents, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Stockeryale Inc)
Delays or Omissions. 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 non-compliance by another party under this Agreement or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliancenon-compliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance non-compliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Creative Vistas Inc), Securities Purchase Agreement (Creative Vistas Inc)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Note or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.. -------------------------------------------------------------------------------------------------------
Appears in 1 contract
Samples: Securities Purchase Agreement (Ventures National Inc)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Biovest International Inc)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement or the Related Agreements, Party shall impair any such right, power power, or remedyremedy of such Party, nor shall it be construed to be a waiver of or acquiescence to any such breach, default breach or noncompliance, or any acquiescence thereindefault, or of or in any similar breach, breach or default or noncompliance thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. 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 or the Related AgreementsTransaction Documents, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsTransaction Documents, by law Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Notes or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Onyx Software Corp/Wa)
Delays or Omissions. It is agreed that no No delay or omission to exercise any ------------------- right, power or remedy accruing to any a party, upon any breach, breach or default or noncompliance by another of any party hereto under this Agreement or the Related AgreementsAgreement, shall impair any such right, power or remedyremedy of such party, nor shall it be construed to be a waiver of any such breach, breach or default or noncomplianceany subsequent breach or default. Any waiver, permit, consent or approval of any acquiescence therein, kind or character related to this Agreement on the part of or either party must be in any similar breach, default or noncompliance thereafter occurringwriting and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or the Related Agreements, by law or otherwise afforded to any party, either party shall be cumulative and not alternative.
Appears in 1 contract
Samples: Convertible Loan and Warrant Agreement (Skylynx Communications Inc)
Delays or Omissions. 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 hereto under this Agreement or the Related AgreementsAgreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsAgreement, by law Law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Series A Preferred or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Securities Purchase Agreement (Innovative Companies Inc)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement Agreement, the Note or the other Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. 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, the Purchase Agreement or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement, the Purchase Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Security Agreement (Sanomedics International Holdings, Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party, upon any breach, default or noncompliance by another of the other party under this Agreement or the Related Agreements, shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related AgreementsAgreement, by law law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. It is agreed that no 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Securities Purchase Agreement (Smartserv Online Inc)
Delays or Omissions. 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 or the Related Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. All remedies, either under this Agreement or the Related Agreements, by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Securities Purchase Agreement (Elec Communications Corp)
Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power or ------------------- remedy accruing to any party, party hereto upon any breach, breach or default or noncompliance by of another party hereto under this Agreement or the Related Agreements, shall impair any such right, power or remedy, remedy of such party nor shall it be construed to be a waiver of any such breach, breach or default or noncompliance, or any an acquiescence therein, therein or of or in any similar breach, breach or default or noncompliance thereafter occurring. All remedies, either whether under this Agreement or the Related AgreementsAgreement, by law or otherwise otherwise, afforded to any party, party shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. It is agreed that Except as otherwise provided herein, no delay or omission to exercise any right, power or remedy accruing to any party, party hereto upon any breach, breach or default or noncompliance by of another party hereto under this Agreement or the Related Agreements, shall impair any such right, power or remedy, remedy of such party nor shall it be construed to be a waiver of any such breach, breach or default or noncompliance, or any an acquiescence therein, therein or of or in any similar breach, breach or default or noncompliance thereafter occurring. All remedies, either whether under this Agreement or the Related AgreementsAgreement, by law Regulation or otherwise otherwise, afforded to any party, party shall be cumulative and not alternative.
Appears in 1 contract
