Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 27 contracts
Samples: Registration Rights Agreement (Teraforce Technology Corp), Recapitalization Agreement (Black Warrior Wireline Corp), Limited Registration Rights Agreement (Coastal Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power power, or remedy accruing to either Party, upon any party to breach or default of the other Party under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party either Party of any breach or default by the other Party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither Party, shall be cumulative and not alternative.
Appears in 22 contracts
Samples: Note Purchase Agreement (NuLife Sciences, Inc.), Note Purchase Agreement (NuLife Sciences, Inc.), Note Purchase Agreement (NuLife Sciences, Inc.)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 15 contracts
Samples: Registration Rights Agreement (Neon Systems Inc), Registration Rights Agreement (Imco Recycling Inc), Registration Rights Agreement (Coastal Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto upon any breach or default of the Company under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 11 contracts
Samples: Nominating Agreement (Educate Inc), Nominating Agreement (Definitive Healthcare Corp.), Nominating Agreement (Rexnord Corp)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of or any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Registration Rights Agreement (Bionumerik Pharmaceuticals Inc), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any Seller Party or Investor, upon any breach or default of any party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party Seller Party or Investor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Seller Party or Investor of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreement, the Seller Parties and the Investors shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Series B Preferred Shares Purchase Agreement (Niu Technologies), Series B Preferred Shares Purchase Agreement (Niu Technologies), Ordinary Share Purchase Agreement (JD.com, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to either party hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Investor Rights Agreement (Silvergate Capital Corp), Registration Rights Agreement (Koninklijke Philips Electronics Nv), Rights Agreement (Silvergate Capital Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any rightrights, power or remedy accruing to any party to this Agreement Agreement, upon the breach or default of the other party shall impair any such rightrights, power or remedy of such non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any the party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementthe parties, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Canadian Natural Resources LTD), Registration Rights Agreement (Royal Dutch Shell PLC), Registration Rights Agreement (Pershing Square Capital Management, L.P.)
Delays or Omissions. Except as expressly provided herein, 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 to under this Agreement Agreement, or the Charter, shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the Purchaser’s part of any party of any breach breach, default or default noncompliance under this Agreement, or under the Charter or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, the Agreement or the Charter must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or Agreement, the Charter, by law law, or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Helix TCS, Inc.), Preferred Stock Purchase Agreement (Helix TCS, Inc.), Preferred Stock Purchase Agreement (Helix TCS, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default of any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementholder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investors’ Rights Agreement (Fox Hollow Technologies Inc), Rights Agreement (Coinstar Inc), Rights Agreement (Packeteer Inc)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Registration Rights Agreement (Manuel E Patrick), Stock Restriction Agreement (Team Inc), Registration Rights Agreement (Woodson Louis)
Delays or Omissions. Except as expressly provided herein, 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 to under this Agreement Agreement, shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof. All remedies, either under this Agreement or Agreement, by law law, or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stockholders’ Agreement (Virgin Mobile USA, Inc.), Stockholders’ Agreement (Virgin Mobile USA, Inc.), Stockholders’ Agreement (Virgin Mobile USA, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall Agreement, upon the breach or default of the other party will impair any such right, power or remedy of such non-breaching party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any the party of any provisions or conditions of this Agreement, must be made in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementthe parties, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Forbes Energy Services Ltd.), Registration Rights Agreement (Forbes Energy Services Ltd.), Registration Rights Agreement (Forbes Energy Services Ltd.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto upon any breach or default of the Company under this Agreement agreement, shall impair any such right, power or remedy of such party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreementagreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stockholders Agreement (American Residential Investment Trust Inc), Registration Rights Agreement (American Residential Investment Trust Inc), Stockholders' Agreement and Irrevocable Proxy (Pacific Gateway Properties Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise in exercising any right, power or remedy accruing to any party to hereto, upon any breach or default of any party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default it be deemed construed to be a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreement, the parties hereto shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Share Subscription Agreement (China Time Share Media Co. LTD), Confidential Treatment (Aptorum Group LTD), Share Subscription Agreement (JA Solar Holdings Co., Ltd.)
Delays or Omissions. Except as expressly provided herein, 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 to under this Agreement shall Agreement, will impair any such right, power or remedy of such party any non-breaching and non-defaulting party, nor shall will it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence thereinin it, or of or in any similar breach breach, default 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 noncompliance later occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the that party’s part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writingthat writing and to the extent permitted under this Agreement. No waiver of any default with respect to any provision, condition or requirement of this Agreement will be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof. All remedies, either under this Agreement or Agreement, by law Law, or otherwise afforded to any party to this Agreementparty, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Operating Agreement (New Clearwire CORP), Operating Agreement (Clearwire Corp), Equityholders’ Agreement (New Clearwire CORP)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default of another party to under this Agreement shall impair any such right, power or remedy of such first party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investor Agreement (Spotify Technology S.A.), Investor Agreement (Spotify Technology S.A.), Shareholders Agreement (Tencent Music Entertainment Group)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default under this Agreement shall impair any such right, power or remedy of such party party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall FORM OF VOTING AGREEMENT be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementholder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Orion Acquisition Corp Ii), Agreement and Plan of Merger (Selena Pharmeceuticals Inc), Agreement and Plan of Merger (Orion Acquisition Corp Ii)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Franklin Consolidated Mining Co Inc), Securities Purchase Agreement (Dualstar Technologies Corp), Stock Purchase Agreement (Franklin Consolidated Mining Co Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power power, or remedy accruing to either party, upon any breach or default of the other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing signed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Shareholders Agreement (Array Biopharma Inc), Rights Agreement (Array Biopharma Inc), Purchase Agreement (Financial Commerce Network Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power power, or remedy accruing to either party, upon any breach or default of the other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, therein or of or in any similar breach or of default thereafter occurring; nor shall shal any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing signed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Blue Star Coffee Inc), Common Stock Purchase Agreement (Blue Star Coffee Inc), Common Stock Purchase Agreement (Blue Star Coffee Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to either party hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any . No waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Employment Agreement (Radview Software LTD), Employment Agreement (Radview Software LTD), Employment Agreement (Cidra Corp)
Delays or Omissions. Except as expressly provided herein, It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party to upon any breach, default or noncompliance by another party under this Agreement, the Registration Rights Agreement or the Certificate shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the any Purchaser's part of any party of any breach breach, default or default noncompliance under this Agreement, the Registration Rights Agreement or the Certificate or any waiver on the such party's part of any party of any provisions or conditions of this Agreement, the Registration Rights Agreement or the Certificate must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or Agreement, the Registration Rights Agreement, the Certificate, by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series H Preferred Stock Purchase Agreement (Vie Financial Group Inc), H Preferred Stock Purchase Agreement (Vie Financial Group Inc), H Preferred Stock Purchase Agreement (Vie Financial Group Inc)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any a similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this the Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (First California Financial Group, Inc.), Registration Rights Agreement (National Mercantile Bancorp), National Mercantile Bancorp
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power ------------------- or remedy accruing to either party hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any . No waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power power, or remedy accruing to either party, upon any breach or default of the other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Note Purchase Agreement (Sportsnuts Inc), Debt Conversion Agreement (Sportsnuts Inc), Note Purchase Agreement (Sportsnuts Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to Party hereto, upon any breach or default of any other Party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party Party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party Party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this AgreementParty hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Shareholders Agreement (Xpeng Inc.), Share Subscription Agreement (Sunlands Online Education Group), Share Subscription Agreement (Sunlands Online Education Group)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto upon any breach or default of the Company under this Agreement Agreement, shall impair any such right, power or remedy of such party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stockholders' Agreement (LNT Leasing II, LLC), Stockholders’ Agreement (General Nutrition International Inc), Stockholders' Agreement (GNC Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto upon any breach or default of any other party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such the aggrieved party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreement, the parties shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Option Agreement (Continental Minerals Corp), Option Agreement (China Nettv Holdings Inc), Option Agreement (China Nettv Holdings Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any such party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreement, hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: 2005 Loan Agreement (Robotic Vision Systems Inc), Loan Agreement (Robotic Vision Systems Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementhereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (NaaS Technology Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative. [Remainder of page intentionally left blank.]
Appears in 2 contracts
Samples: Voting Agreement (Visterra, Inc.), Voting Agreement (Visterra, Inc.)
Delays or Omissions. Except as expressly provided herein, 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 to under this Agreement or the Charter, shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the any Purchaser's part of any party of any breach breach, default or default noncompliance under this Agreement, Agreement or under the Charter or any waiver on the such party's part of any party of any provisions or conditions of this Agreement, the Agreement or the Charter must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or Agreement, the Charter by law law, or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (American Technology Corp /De/), Stock and Warrant Purchase Agreement (American Technology Corp /De/)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to either Party, upon any party to breach or default of the other Party under this Agreement shall impair any such right, power or remedy of such party non-defaulting Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party either Party of any breach or default under this Agreement, Agreement or any waiver on the part of any party either Party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Glaxosmithkline PLC), Stock Purchase Agreement (Vifor (International) LTD)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise in exercising any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreement, hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholders Agreement (Uxin LTD), Shareholders Agreement (Uxin LTD)
Delays or Omissions. Except as expressly provided herein, It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party to upon any breach, default or noncompliance by another party under this Agreement, the Registration Rights Agreement or the Certificate shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or of character on the any Purchaser's part of any party of any breach breach, default or default noncompliance under this Agreement, the Registration Rights Agreement or the Certificate or any waiver on the such party's part of any party of any provisions or conditions of this Agreement, the Registration Rights Agreement or the Certificate must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Registration Rights Agreement or the Certificate, by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Peoplepc Inc), Preferred Stock Purchase Agreement (Softbank Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party hereto under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any other party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementhereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Reata Pharmaceuticals Inc), Investors’ Rights Agreement (Reata Pharmaceuticals Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to Party hereto upon any breach or default of any other Party hereto under this Agreement shall impair any such right, power or remedy of such party Party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party Party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this AgreementParty hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Share Purchase Agreement (TH International LTD), Share Purchase Agreement (TH International LTD)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to under this Warrant, upon any breach or default of any other party to under this Agreement Warrant, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this AgreementWarrant, or any waiver on the part of any party of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: eHi Car Services LTD, eHi Car Services LTD
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default of the other party under this Agreement shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Supplemental Stockholders Agreement (ExlService Holdings, Inc.), Stock Purchase Agreement (ExlService Holdings, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to party, upon any breach or default under this Agreement Agreement, shall impair any such right, power or remedy of such party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementholder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase and Shareholders Agreement (DMX Inc), Subscription and Shareholders Agreement (DMX Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to either party hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such party party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any . No waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Employment Agreement (Navigation Technologies Corp), Restricted Stock Unit Agreement (Navteq Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power power, or remedy accruing to any party to hereto or any subsequent holder of any Registrable Securities upon any breach, default or noncompliance of the Company under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the part of any party the parties hereto of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the part of any party the parties hereto of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All , and that all remedies, either under this Agreement or Agreement, by law law, or otherwise afforded to any party to this Agreementthe parties hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (PSW Technologies Inc), Registration Rights Agreement (PSW Technologies Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to the Investor, upon any breach or default by any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such party the Investor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement Agreement, or by law or otherwise afforded to any party to this AgreementHolder, shall be cumulative and not alternativealternative or exclusive.
Appears in 2 contracts
Samples: Investor Rights Agreement (Aqua Metals, Inc.), Investor Rights Agreement (Aqua Metals, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase and Option Agreement (Travelers Group Inc), Registration Rights Agreement (Imc Mortgage Co)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default of another party to under this Agreement Agreement, shall impair any such right, power or remedy of such party non-breaching party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gardenburger Inc), Stock Purchase Agreement (Gardenburger Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law Law or otherwise afforded to any party to this Agreementhereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholders Agreement (Sunlands Online Education Group), Shareholders Agreement (Sunlands Online Education Group)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative. [Signature pages follow.]
Appears in 2 contracts
Samples: Purchase Agreement (Cerulean Pharma Inc.), Purchase Agreement (Cerulean Pharma Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to Party hereto, upon any breach or default of any other Party under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party hereto of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this AgreementParty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Modern Medical Modalities Corp), Asset Purchase Agreement (Modern Medical Modalities Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: And Warrant Purchase Agreement (Visterra, Inc.), And Warrant Purchase Agreement (Visterra, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power power, or remedy accruing to either party, upon any breach or default of the other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, therein or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing signed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Consumer Direct of America), Common Stock Purchase Agreement (Bluestar Leasing Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.), Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party non-breaching party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law Law or otherwise afforded to any each party to this Agreement, hereto shall be cumulative and not alternative.
Appears in 1 contract
Samples: Series B Preferred Share Purchase Agreement (VanceInfo Technologies Inc.)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to of this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to either party hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Share Purchase Agreement (Ramtron International Corp)
Delays or Omissions. Except as expressly provided hereinin this Agreement, no delay or omission to exercise any right, power or remedy accruing to either Party, upon any party to breach or default of the other Party under this Agreement Agreement, shall impair any such right, power or remedy of such party that Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementthe Parties, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default of another party to under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting and signed by the party against whom enforcement of such waiver, permit, consent or approval is sought. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Class B Preferred Unit Subscription Agreement (Pegasus Communications Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party non-breaching party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any each party to this Agreement, hereto shall be cumulative and not alternative.
Appears in 1 contract
Samples: Series a Preferred Share Purchase Agreement (VanceInfo Technologies Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power ------------------- or remedy accruing to either party hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Share Purchase Agreement (Infineon Technologies Ag)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy of such that party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any a party of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise otherwise, afforded to any party to this Agreement, the parties hereunder shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy of such that party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any a party of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise otherwise, afforded to any party to this Agreement, the parties hereunder shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any ------------------- right, power power, or remedy accruing to either party, upon any breach or default of the other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing signed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (International Displayworks Inc)
Delays or Omissions. Except as expressly provided herein, no delay or ------------------- omission to exercise any right, power power, or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (Group Maintenance America Corp)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default of another party to under this Agreement Agreement, shall impair any such right, power or remedy of such non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to hereto upon any breach or default of the Company under this Agreement Agreement, shall impair any such right, power or remedy of such party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Stockholders' Agreement (Firstamerica Automotive Inc /De/)
Delays or Omissions. Except as expressly provided herein, no A Party’s delay or omission to exercise any right, power or remedy accruing to that Party upon any party to breach or default of the other Party under this Agreement shall impair any such right, power or remedy of such party that Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, in such breach or default or of or in any similar breach or default thereafter occurringin the future; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurringwhenever it occurred. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementsuch Party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Secondary Securities Purchase Agreement (B. Riley Financial, Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereunder, upon any breach or default under this Agreement Agreement, shall impair any such right, power or remedy of such party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall shall, be cumulative and not alternative.
Appears in 1 contract
Samples: Preferred Stock Exchange Agreement (Supershuttle International Inc)
Delays or Omissions. Except as expressly provided herein, 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 to under this Agreement or the Restated Articles, shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the Purchaser's part of any party of any breach breach, default or default noncompliance under this Agreement, Agreement or under the Restated Articles or any waiver on the such party's part of any party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law Agreement, the Restated Articles, bylaws, or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party parry of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Settlement and Purchase Agreement (Cheniere Energy Partners, L.P.)
Delays or Omissions. Except as expressly provided hereinfor time frames specifically set forth herein (e.g. time periods of indemnification claims), 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 any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any waiver, permit, consent or approval It is further agreed that any Consent of any kind or character on the any party’s part of any party of any breach breach, default or default noncompliance under this Agreement, or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law Agreement, or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cross Country Healthcare Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default by a party under this Agreement shall impair any such right, power or remedy of such party nor and it shall it not be construed to be a waiver of any such breach or default, or an acquiescence acquiescence, therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this AgreementAgreement must be, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Subscription Agreement (Black Elk Energy Offshore Operations, LLC)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereunder upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such party party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Soligen Technologies Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to upon any breach or default of any other party under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of or any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementholder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Equity Conversion Agreement (Hollywood Park Inc/New/)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, ------------------- power or remedy accruing to any party, upon any breach or default of any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementholder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any Seller Party or any Investor, upon any breach or default of any party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party Seller Party or the Investor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Seller Party or any Investor of any breach or default under this Agreement, Agreement or any waiver on the part of any party Seller Party or any Investor of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreement, the Seller Parties and the Investor shall be cumulative and not alternative.
Appears in 1 contract
Samples: Preferred Shares Purchase Agreement (Genetron Holdings LTD)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, ------------------- power or remedy accruing to on the part of any party Party upon any breach or default of any other Party to this Agreement shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or if in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, writing and that all remedies either under this Agreement Agreement, or by law or otherwise afforded to any party to this AgreementParty, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no delay ------------------- or omission to exercise any right, power or remedy accruing to a party upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of party, any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Peritus Software Services Inc)
Delays or Omissions. Except as expressly provided herein, no ------------------- delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, It is agreed that no delay or omission to exercise any right, power or remedy accruing to the Investors upon any party to breach or default of the Company under this Agreement or any Note shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any party by Investors of any breach or default under this Agreement, or any waiver on the part of any party by Investors of any provisions or conditions of this Agreement, Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementthe Investors, shall be cumulative and not alternative. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.
Appears in 1 contract
Samples: Convertible Promissory Note Purchase Agreement (One World Pharma, Inc.)
Delays or Omissions. Except as expressly provided herein, 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 to under this Agreement or the Related Agreements, shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the Purchaser's part of any party of any breach breach, default or default noncompliance under this Agreement, the Related Agreements or any waiver on the such party's part of any party of any provisions or conditions of this Agreement, the Agreement or the Related Agreements must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or the Related Agreements, by law law, or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cambridge Holdings LTD)
Delays or Omissions. Except as expressly provided herein, no delay or ------------------- omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereto, upon any breach or default of any other party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence thereinacquiescence, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law Law or otherwise afforded to any party to this Agreementhereto, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power ------------------- power, or remedy accruing to either party, upon any breach or default of the other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing signed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Subscription Agreement (Colorado Greenhouse Holdings Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power power, or remedy accruing to either party hereto upon any breach or default of the other party to under this Agreement shall will impair any such right, power power, or remedy of such party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any . No waiver of any single breach or default may be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementeither party, shall be are cumulative and not alternative.
Appears in 1 contract
Samples: Consulting Agreement (Navigation Technologies Corp)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power ------------------- or remedy accruing to any party, upon any breach or default of any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Cornerstone Brands Inc)
Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to either party hereunder upon any breach or default by either party to under this Agreement Agreement, shall impair any such right, power or remedy of such the party not in default nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any either party of any breach or default of the other party under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementholder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereunder, upon any breach or default under this Agreement Agreement, shall impair any such right, power or remedy of such party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Supershuttle International Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurringoccurring thereafter; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided provide herein, no delay or omission to exercise any right, power or remedy accruing to either party hereunder upon any breach or default by either party to under this Agreement Agreement, shall impair any such right, power or remedy of such the party not in default nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any either party of any breach or default of the other party under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementholder, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no delay ------------------- or omission to exercise any right, power power, or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (Group Maintenance America Corp)
Delays or Omissions. Except as expressly provided herein, no delay or ------------------- omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any Party, upon any breach or default of another party to under this Agreement shall impair any such right, power or remedy of such party first Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, Party shall be cumulative and not alternative.
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Delays or Omissions. Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
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Samples: Agreement and Plan of Merger (Trinity Industries Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise in exercising any right, power or remedy accruing to any party to hereto, upon any breach or default of any party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any single breach or default it be deemed construed to be a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this Agreement, or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreement, the parties hereto shall be cumulative and not alternative.
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Samples: Share Purchase Agreement (GCL Silicon Technology Holdings Inc.)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to hereto upon any breach or default of the Company under this Agreement agreement, shall impair any such right, power or remedy of such party holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreementagreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party to this Agreementparty, shall be cumulative and not alternative.
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Samples: Stockholders Rights Agreement (Beringer Wine Estates Holdings Inc)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default of another party to under this Agreement shall impair any such right, power or remedy of such first party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law Law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
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Samples: Registration Rights Agreement (Tencent Music Entertainment Group)
Delays or Omissions. Except as expressly provided herein, no No delay or omission to exercise any right, power or remedy accruing to any party to hereunder, upon any breach or default of another party under this Agreement shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreementhereto, shall be cumulative and not alternative.
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