No Implied Waivers; Rights Cumulative. No failure on the part of either Party to exercise, and no delay in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 6 contracts
Samples: Divestiture Agreement (Ophthotech Corp.), License and Collaboration Agreement (Genocea Biosciences, Inc.), License and Collaboration Agreement (Genocea Biosciences, Inc.)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Infinity or Novartis to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 4 contracts
Samples: Collaboration Agreement (Infinity Pharmaceuticals, Inc.), Collaboration Agreement (Discovery Partners International Inc), Collaboration Agreement (Discovery Partners International Inc)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Infinity or Amgen to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 3 contracts
Samples: License Agreement (Discovery Partners International Inc), License Agreement (Infinity Pharmaceuticals, Inc.), License Agreement (Discovery Partners International Inc)
No Implied Waivers; Rights Cumulative. No failure on the part of either a Party to exercise, and no delay in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 3 contracts
Samples: Technology Licensing and Manufacturing Agreement (Lombard Medical, Inc.), Component Manufacturing Agreement (Lombard Medical, Inc.), Settlement Agreement (Prana Biotechnology LTD)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Infinity or JJPRD to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 3 contracts
Samples: Collaboration and License Agreement (Discovery Partners International Inc), Collaboration and License Agreement (Infinity Pharmaceuticals, Inc.), Collaboration and License Agreement (Discovery Partners International Inc)
No Implied Waivers; Rights Cumulative. No failure on the part of either a Party to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall will impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall will any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Agenus Inc), License Agreement (UroGen Pharma Ltd.)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Ginkgo or Amyris to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: Collaboration Agreement (Amyris, Inc.), Partnership Agreement (Amyris, Inc.)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party to exercise, exercise and no delay in exercising, exercising any right, power, remedy remedy, or privilege under this Agreement, or provided by statute or at law law, or in equity or otherwise, shall including, without limitation, the right or power to terminate this Agreement, will impair, prejudice prejudice, or constitute a waiver of any such right, power, remedy remedy, or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall will any single or partial exercise of any such right, power, remedy remedy, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy remedy, or privilege, except as otherwise provided for herein.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Caribou Biosciences, Inc.), Collaboration and License Agreement (Caribou Biosciences, Inc.)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Incyte or Novartis to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Incyte Corp), Collaboration and License Agreement (Incyte Corp)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Incyte or Lilly to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: License, Development and Commercialization Agreement (Incyte Corp), License, Development and Commercialization Agreement (Incyte Corp)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Agenus or Incyte to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: Development and Commercialization Agreement (Agenus Inc), License, Development and Commercialization Agreement (Incyte Corp)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party to exercise, and no delay in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law Law or in equity or otherwise, shall will impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall will any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
Samples: Subscription Agreement (Viridian Therapeutics, Inc.\DE)
No Implied Waivers; Rights Cumulative. No failure on the part of either any Party to exercise, and no delay in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
No Implied Waivers; Rights Cumulative. No failure on the part of either a Party to exercise, and no delay in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law Law or in equity or otherwise, shall will impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall will any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
Samples: Distribution Agreement (Alpha Healthcare Acquisition Corp.)
No Implied Waivers; Rights Cumulative. No failure on the part of either Party Tularik or Amgen to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence thereintherein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
No Implied Waivers; Rights Cumulative. No failure or delay on the part of either Party to exercise, and no delay in exercising, exercising any right, power, remedy or privilege under this Agreement, Agreement or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, power remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
