Common use of Failure or Indulgency Not Waiver Clause in Contracts

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 26 contracts

Samples: Onstream Media CORP, Onstream Media CORP, Onstream Media CORP

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Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 16 contracts

Samples: Note (Gold Swap Inc), Note (Gold Swap Inc), Note (Gold Swap Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 14 contracts

Samples: Promissory Note Agreement (P Com Inc), Securities Purchase Agreement (Netplex Group Inc), Note Agreement (Waverider Communications Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the any Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 10 contracts

Samples: Merlin Software Technologies International Inc, Securities Purchase Agreement (Lumenon Innovative Lightwave Technology Inc), Securities Purchase Agreement (Icc Technologies Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 9 contracts

Samples: Nyiax, Inc., Nyiax, Inc., Nyiax, Inc.

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or of privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 8 contracts

Samples: Apd Antiquities, Inc., Apd Antiquities, Inc., Apd Antiquities, Inc.

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 5 contracts

Samples: Skinny Nutritional Corp., Convertible Note Purchase Agreement (NCT Group Inc), Note Consolidation Agreement (NCT Group Inc)

Failure or Indulgency Not Waiver. No failure or delay on the -------------------------------- part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 4 contracts

Samples: Note Purchase Agreement (Cephalon Inc), Note Purchase Agreement (U S Bioscience Inc), Note Purchase Agreement (Cephalon Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder Lender in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 2 contracts

Samples: Security Agreement (SPIRE Corp), Security Agreement (SPIRE Corp)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder or the Company in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Samples: Purchase Agreement (Zix Corp), Insmed Inc

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Failure or Indulgency Not Waiver. No failure or delay on the part of the -------------------------------- any Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 1 contract

Samples: Securities Purchase Agreement (Knickerbocker L L Co Inc)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, ; any rights or remedies otherwise available.

Appears in 1 contract

Samples: Convertible Note (Sims Communications Inc)

Failure or Indulgency Not Waiver. No failure or delay on --------------------------------- the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Note Purchase Agreement (Dwango North America Corp)

Failure or Indulgency Not Waiver. No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies remedied existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Omnicomm Systems Inc

Failure or Indulgency Not Waiver. No failure or delay on the part of -------------------------------- the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 1 contract

Samples: Knickerbocker L L Co Inc

Failure or Indulgency Not Waiver. No failure or delay on -------------------------------- the part of the Holder in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Note Purchase Agreement (Dwango North America Corp)

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