Failure or Delay. No failure on the part of any party to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 20 contracts
Sources: Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP)
Failure or Delay. No failure on the part of any party Party to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party Party in any case entitles such party Party to any other or further notice or demand in similar or other circumstances.
Appears in 7 contracts
Sources: Administrative Services Agreement, Ballpark Design Build Procurement Consultant Agreement, Stock Purchase Agreement (WESTMORELAND COAL Co)
Failure or Delay. No failure on the part of any party to exercise, and no delay in exercising, any right, power power, or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power power, or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power power, or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 3 contracts
Sources: Noncompetition Agreement, Noncompetition and Nonsolicitation Agreement, Distribution Agreement
Failure or Delay. No Except as otherwise provided by this Agreement, no failure on the part of any party Party hereto to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party Party hereto in any case entitles such party Party to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (Enterprise Financial Services Corp), Membership Interest Purchase Agreement (Enterprise Financial Services Corp)
Failure or Delay. No failure on the part of any party to ---------------- exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Sources: Master Agreement (Precision Auto Care Inc), Purchase Agreement (Precision Auto Care Inc)
Failure or Delay. No failure on the part of any party to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, thereof or the exercise of any other right, power or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Sources: Storage and Throughput Agreement (Arc Logistics Partners LP), Storage and Throughput Agreement (Arc Logistics Partners LP)
Failure or Delay. No failure on the part of any party to ----------- ---------------- exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 2 contracts
Sources: Employment Agreement (Jefferson Savings Bancorp Inc), Employment and Non Compete Agreement (CNB Bancshares Inc)
Failure or Delay. No failure on the part of ---------------- any party to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.. [SIGNATURES TO THE ACQUISITION AGREEMENT APPEAR ON THE NEXT PAGE] [SIGNATURES TO THE ACQUISITION AGREEMENT]
Appears in 1 contract
Failure or Delay. No failure on the part of any party to ---------- ---------------- exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Failure or Delay. No failure on the part of any party Party to exercise, exercise and no delay in exercising, exercising any right, power power, or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party Party in any case entitles such party Party to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Sources: 28e Cooperative Agreement
Failure or Delay. No failure on the part of any party a Party to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party a Party in any case entitles such party Party to any other or further notice or demand in similar or other circumstances, except as required under this Lease.
Appears in 1 contract
Failure or Delay. No failure on the part of any party hereto to ---------------- exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party hereto in any case entitles such party to any other or further notice or demand in similar or other circumstances, unless required under this Agreement.
Appears in 1 contract
Sources: Stock Purchase and Recapitalization Agreement (Centene Corp)
Failure or Delay. No failure on the part of any party Party to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; , nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party Party in any case entitles such party Party to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Ameristar Casinos Inc)
Failure or Delay. No failure on the part of ---------- ---------------- any party to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract
Sources: Employment Agreement (Jefferson Savings Bancorp Inc)
Failure or Delay. No Except as otherwise provided by this Agreement, no failure on the part of any party hereto to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of or any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. No notice to or demand on any party hereto in any case entitles such party to any other or further notice or demand in similar or other circumstances.
Appears in 1 contract