Common use of No Implied Waivers; Rights Cumulative Clause in Contracts

No Implied Waivers; Rights Cumulative. No failure on the part of DURA or Xxxxxx Corp. II 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, 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA the Purchaser or Xxxxxx Corp. II the Company 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, 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA the Purchasers or Xxxxxx Corp. II the Company 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, 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA DURA, DDSI, Xxxxxx Corp. or Xxxxxx Corp. II 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, 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA IMMUNEX ------------------------------------- or Xxxxxx Corp. II AASTROM to exercise and no delay in 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA PerSeptive or Xxxxxx Corp. II ChemGenics to exercise and no delay in 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA Seller, on the one hand, or Xxxxxx Corp. II Buyer on the other hand, to exercise 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA or Xxxxxx Corp. II the Company to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement or the Notes or provided by statute or at law or in equity or otherwise, including, without limitation, the right to accelerate the maturity of any of the Secured Obligations or the power to terminate this Agreementof sale or foreclosure hereunder following any Employee Default, 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 Employee Default or as an acquiescence therein, 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.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA GPC or Xxxxxx Corp. II ALTANA to exercise and no delay in 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA Novartis or Xxxxxx Corp. II Andrx 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, 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

No Implied Waivers; Rights Cumulative. No failure on the part of DURA Seller or Xxxxxx Corp. II Buyer to exercise and no delay in 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 limitationbut not limited to, 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, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.