Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 23 contracts
Samples: Indemnification Agreement (Morgans Hotel Group Co.), Indemnification Agreement (Morgans Hotel Group Co.), Insurance Matters Agreement (C Cube Semiconductor Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 12 contracts
Samples: Real Estate Matters Agreement (Hewlett Packard Enterprise Co), Real Estate Matters Agreement (DXC Technology Co), Real Estate Matters Agreement (Keysight Technologies, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (JetPay Corp), Agreement and Plan of Merger (Fintech Acquisition Corp. II), Agreement and Plan of Merger (Universal Business Payment Solutions Acquisition Corp)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial parties exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 10 contracts
Samples: Transaction Agreement (Shermen WSC Acquisition Corp), Agreement and Plan of Merger (Nautilus, Inc.), Agreement and Plan of Merger (Viasys Healthcare Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 10 contracts
Samples: Sale and Purchase Agreement (Imperial Sugar Co /New/), Sale and Purchase Agreement (NuStar GP Holdings, LLC), Sale and Purchase Agreement (NuStar Energy L.P.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 9 contracts
Samples: Form of Indemnification and Insurance Matters Agreement (Total System Services Inc), Agreement and Plan of Distribution (Synovus Financial Corp), Contribution and Exchange Agreement (Resource Real Estate Opportunity REIT, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. No provision of this Agreement may be waived except by an instrument in writing executed by the party or parties, as applicable, against whom the waiver is to be effective.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Universal American Financial Corp), Agreement and Plan of Merger and Reorganization (Universal American Financial Corp), Securities Purchase Agreement (Perry Corp)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any failure to exercise, or any single or partial exercise exercise, of any such right preclude other or further exercise thereof or of any other right.
Appears in 8 contracts
Samples: Tax Sharing Agreement (Cendant Corp), Tax Sharing Agreement (PHH Corp), Tax Sharing Agreement (Clearwater Paper Corp)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 6 contracts
Samples: Registration Rights Agreement (Merck Medco Managed Care LLC), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 5 contracts
Samples: Environmental Agreement (Tesoro Corp /New/), Membership Interest Purchase Agreement (Par Petroleum Corp/Co), Environmental Agreement (Par Petroleum Corp/Co)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party any Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 5 contracts
Samples: Asset Sale and Purchase Agreement (PBF Energy Inc.), Asset Purchase Agreement (Wireless Telecom Group Inc), Sale and Purchase Agreement (Lyondell Chemical Co)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall will any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Rock-Tenn CO), Recapitalization Agreement (Neff Finance Corp.), Agreement and Plan of Merger (Neff Rental LLC)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party any Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof thereof, or of any other right.
Appears in 4 contracts
Samples: Membership Interest Purchase and Sale Agreement (NuStar Energy L.P.), Sale and Purchase Agreement (Buckeye Partners, L.P.), Share Purchase and Sale Agreement (NuStar Energy L.P.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 4 contracts
Samples: Confidential Treatment Requested (Bovie Medical Corp), Confidential Treatment Requested (Bovie Medical Corp), Flow Continuation Agreement (Medco Health Solutions Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant, or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Valero Energy Corp/Tx), Stock Purchase Agreement (Valero Energy Corp/Tx), Purchase and Sale Agreement (Valero Energy Corp/Tx)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party any Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any failure to exercise, or any single or partial exercise exercise, of any such right preclude other or further exercise thereof or of any other right.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Alexander & Baldwin Inc), Tax Sharing Agreement (A & B II, Inc.), Tax Sharing Agreement (A & B II, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 3 contracts
Samples: Form of Tax Sharing Agreement (Synovus Financial Corp), Tax Sharing Agreement (Total System Services Inc), Form of Tax Sharing Agreement (Total System Services Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right.
Appears in 3 contracts
Samples: Acceleration and Exchange Agreement (Grand Union Co /De/), Acceleration and Exchange Agreement (Trefoil Investors Ii Inc), Acceleration and Exchange Agreement (Grand Union Co /De/)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty obligation or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 2 contracts
Samples: Change of Control Agreement (Trizetto Group Inc), Change of Control Agreement (Trizetto Group Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall will any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Raven Industries Inc), Asset Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall will any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right.. * * * * * * *
Appears in 2 contracts
Samples: Asset Purchase Agreement (Zomedica Corp.), Asset Purchase Agreement (Zomedica Corp.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall will any single or partial exercise of any such right preclude any other (or further further) exercise thereof or of any other right.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Heritage Global Inc.), Stock Purchase Agreement (Nn Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement or the Exhibits or Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Indemnification Agreement (Catalytica Energy Systems Inc), Indemnification Agreement (Catalytica Energy Systems Inc)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 1 contract
Samples: Stock Purchase Agreement (Non Invasive Monitoring Systems Inc /Fl/)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right.. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. [SIGNATURE PAGES FOLLOW]
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single Party or partial Parties exercise of any such right preclude any other or further 968037.12 exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the --------------------------------- part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 1 contract
Samples: Indemnification and Insurance Matters Agreement (Merck Medco Managed Care LLC)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Focus Financial Partners Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party hereto any Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall will any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Asset Purchase Agreement (Navidea Biopharmaceuticals, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall will any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. Except as otherwise set forth herein, all rights and remedies existing under this Agreement are cumulative to, and not exclusive to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall will any single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Rent a Center Inc De)
Failure or Indulgence Not Waiver. No Except as otherwise expressly provided herein, no failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Stock Purchase Agreement
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial party’s exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Russell Corp)
Failure or Indulgence Not Waiver. No failure or delay on the part of either party any Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall any nay single or partial exercise of any such right preclude other or further exercise thereof or of any other right.
Appears in 1 contract
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. Except as otherwise explicitly provided for elsewhere herein, all rights and remedies existing under this Agreement are cumulative to, and not exclusive to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Epicor Software Corp)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial parties exercise of any such right preclude any other or further exercise thereof or of any other right.
Appears in 1 contract
Samples: Stock Purchase Agreement (PGT, Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall will any single or partial exercise of any such right preclude any other (or further further) exercise thereof or of any other right.
Appears in 1 contract
Samples: Reorganization and Contribution Agreement (GrubHub Inc.)
Failure or Indulgence Not Waiver. No failure or delay on the part of either any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right.. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Section 9.13
Appears in 1 contract
Samples: Membership Interests Purchase Agreement (Molina Healthcare Inc)
