Common use of Failure to Pursue Remedies Clause in Contracts

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 93 contracts

Samples: Limited Liability Company (Wells Fargo Finance LLC), Subscription Agreement (Petro River Oil Corp.), Limited Liability Company Agreement (Markwest Energy Partners L P)

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Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an any original violation.

Appears in 17 contracts

Samples: Limited Liability Company Agreement (Acme Television LLC), Limited Liability Company Agreement (Acme Television LLC), Limited Liability Company Agreement (Acme Television LLC)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Tribune Co), Limited Liability Company Agreement (New Gaming Capital Partnership), Limited Liability Company Agreement (Tribune Co)

Failure to Pursue Remedies. The failure of any party to seek redress for violation breach of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violationbreach, from having the effect of an original violationbreach.

Appears in 8 contracts

Samples: Operating Agreement (Jacob Leinenkugel Brewing Co., LLC), Operating Agreement (Jacob Leinenkugel Brewing Co., LLC), Limited Liability Company Operating Agreement (Jacob Leinenkugel Brewing Co., LLC)

Failure to Pursue Remedies. The To the fullest extent permitted by law, the failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 7 contracts

Samples: Limited Liability Company Agreement (Aquarius Gaming LLC), Limited Liability Company Agreement (Aquarius Gaming LLC), Limited Liability Company Agreement (Aquarius Gaming LLC)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall will not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation.

Appears in 4 contracts

Samples: Limited Liability Company Operating Agreement (AST SpaceMobile, Inc.), Operating Agreement (Sky Harbour Group Corp), Operating Agreement (Amneal Pharmaceuticals, Inc.)

Failure to Pursue Remedies. The failure of any party to seek redress for violation ofviolation, or to insist upon the strict performance ofperformance, of any provision of this Agreement shall will not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 3 contracts

Samples: Operating Agreement (NextPlay Technologies Inc.), Company Agreement (LGI Homes, Inc.), cdn.cocodoc.com

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation. No waiver of any breach of any of the terms of this Agreement shall be effective unless such waiver is in writing and signed by the Partner against whom such waiver is claimed.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Motient Corp), Limited Partnership Agreement (Skyterra Communications Inc), Motient Corp

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an any original violation; and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other subsequent breach or condition, whether of like or different nature.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Bankatlantic Bancorp Inc), Limited Liability Company Agreement (BFC Financial Corp), Limited Liability Company Agreement (Bankatlantic Bancorp Inc)

Failure to Pursue Remedies. The failure of any party Party to seek redress for violation of, or to insist upon the strict performance of, of any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 2 contracts

Samples: Shareholders Agreement (Voicestream Wireless Holding Corp), Shareholders Agreement (Voicestream Wireless Corp)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall will not prevent such party from seeking such redress at a later time or a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Rice Energy Inc.), Registration Rights Agreement (Rice Energy Inc.)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, act which would have originally constituted a violation, violation from having the effect of an any original violation.

Appears in 2 contracts

Samples: Operating Agreement (Radiation Therapy Services Holdings, Inc.), Operating Agreement (Advanced Na, LLC)

Failure to Pursue Remedies. The failure of any party to seek redress for violation ofa violation, or to insist upon the strict performance ofperformance, of any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 2 contracts

Samples: Agreement (Radnor Holdings Corp), Radnor Holdings Corp

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of either this Agreement or any Related Agreement shall not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation. No waiver of any breach of any of the terms of this Agreement or any of the Related Agreements shall be effective unless such waiver is in writing and signed by the party or parties against whom such waiver is claimed.

Appears in 2 contracts

Samples: Cholesterol Governance Agreement (Merck & Co Inc), Cholesterol Governance Agreement (Schering Plough Corp)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Wilmington Trust Corp), Wilmington Trust Corp

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Capital Pacific Holdings Inc)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this LLC Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Laredo Oil, Inc.)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.. Section 15.4

Appears in 1 contract

Samples: Limited Liability Company Agreement (At&t Corp)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall fshall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Investor Agreement (Voicestream Wireless Corp /De)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision provisions of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation.

Appears in 1 contract

Samples: Limited Liability (Simon Arnold H)

Failure to Pursue Remedies. The failure of any party Party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Investor Agreement (Full House Resorts Inc)

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Failure to Pursue Remedies. The failure of any party Member to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Incara Pharmaceuticals Corp)

Failure to Pursue Remedies. The failure of any party Party to seek redress for violation of, or to insist upon the strict performance of, any provision of either this Agreement or any Related Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. No waiver of any breach of any of the terms of this Agreement or any of the Related Agreements shall be effective unless such waiver is in writing and signed by the Party or parties against whom such waiver is claimed.

Appears in 1 contract

Samples: Master Agreement (Merck & Co Inc)

Failure to Pursue Remedies. The failure of any party to seek -------------------------- redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Limited Liability Company (Kent Financial Services Inc)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation. No waiver of any breach of any of the terms of this Agreement shall be effective unless such waiver is in writing and signed by the Member against whom such waiver is claimed.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Motient Corp)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall will not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation.. 14.3

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (System1, Inc.)

Failure to Pursue Remedies. The failure of any party to -------------------------- seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Duquesne Light Co

Failure to Pursue Remedies. The failure of any party Member to -------------------------- seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Interneuron Pharmaceuticals Inc)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, of or to insist upon the strict performance of, . any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, violation from having the effect of an original violation.

Appears in 1 contract

Samples: License Agreement (Enlivex Therapeutics Ltd.)

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall will not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Rice Energy Inc.)

Failure to Pursue Remedies. The failure of any party to seek redress for violation ofviolation, or to insist upon the strict performance ofperformance, of any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Ruby Tuesday of Bryant, Inc.

Failure to Pursue Remedies. The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which that would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Intertape Woven Products Services S.A. De C.V.

Failure to Pursue Remedies. The failure of any party to seek redress -------------------------- for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

Appears in 1 contract

Samples: Investor Agreement (Hutchison Whampoa LTD /Wav)

Failure to Pursue Remedies. The failure of any party to seek redress for violation ofviolation, or to insist upon the strict performance ofperformance, of any provision of this Agreement shall will not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.. Operating Agreement of NextTrip Group, LLC

Appears in 1 contract

Samples: Operating Agreement (Monaker Group, Inc.)

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