Common use of Failure to Exercise Clause in Contracts

Failure to Exercise. The failure of either Party to enforce at any time for any period any provision hereof shall not be construed to be a waiver of such provision or of the right of such Party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 8 contracts

Samples: Manufacturing and Supply Agreement (Draxis Health Inc /Cn/), Supply Agreement (Novavax Inc), Supply Agreement (Novavax Inc)

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Failure to Exercise. The failure of either Party party to enforce at any time for any period any provision hereof shall not be construed to be a waiver of such provision or of the right of such Party party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 7 contracts

Samples: Services Outsourcing Agreement (Cca Industries Inc), Ous Commercialization Agreement (Dexcom Inc), Supply Agreement (Symmetry Surgical Inc.)

Failure to Exercise. The failure of either Party party to enforce at any time for any period any provision hereof shall will not be construed to be a waiver of such provision or of the right of such Party party thereafter to enforce each such provision, nor shall will any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 6 contracts

Samples: License and Supply Agreement (Journey Medical Corp), Supply and Distribution Agreement (Medicines Co /De), Supply and Distribution Agreement (Eagle Pharmaceuticals, Inc.)

Failure to Exercise. The failure of either Party party to enforce at any time for any period any provision hereof shall not be construed to be a waiver of such provision or of the right of such Party party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 6 contracts

Samples: Product Development and Marketing Agreement (Synergetics Usa Inc), Supply Agreement (Synergetics Usa Inc), Distribution Agreement (Diametrics Medical Inc)

Failure to Exercise. The failure of either Party party to enforce at any time for any period any provision hereof shall not be construed to be a waiver of such provision or of the right of such Party party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies Except as expressly provided herein, remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 1 contract

Samples: Supply Agreement (Lectec Corp /Mn/)

Failure to Exercise. The failure of either Party party to enforce at any ------------------- time for any period any provision hereof shall not be construed to be a waiver of such provision or of the right of such Party party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 1 contract

Samples: Agreement (Alkermes Inc)

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Failure to Exercise. The failure of either Party party to enforce at any time for any period any provision hereof shall not be construed to be a waiver of such provision or of the right of such Party party thereafter to enforce each such provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive exclusively of any remedies provided at law.

Appears in 1 contract

Samples: Supply Agreement (Endo Pharmaceuticals Holdings Inc)

Failure to Exercise. The failure of by either Party party to enforce at any time for any period of the provisions of this Debenture or to require at any provision hereof shall not time performance by another party of any such provision, shall, in no way, be construed to be a waiver of such provision provisions, nor in any way affect the validity of this Debenture or of any part thereof, or the right of such Party either party thereafter to enforce each such and every provision, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 1 contract

Samples: Voxware Inc

Failure to Exercise. The failure of either Party party to enforce at any time for any period any provision provisions hereof shall not be construed to be a waiver of such provision or of the right of such Party party thereafter to enforce each such provisionprovisions, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Remedies provided herein are cumulative and not exclusive of any remedies provided at law.

Appears in 1 contract

Samples: Sales Representation Agreement (Cca Industries Inc)

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