Common use of No Waiver of Rights, Powers and Remedies Clause in Contracts

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1436 contracts

Samples: Oak Woods Acquisition Corp, Warrant Agreement (Monterey Capital Acquisition Corp), Warrant Agreement (CF Finance Acquisition Corp II)

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No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 133 contracts

Samples: Employment Agreement (PTC Therapeutics, Inc.), Employment Agreement (PTC Therapeutics, Inc.), Employment Agreement (Ocular Therapeutix, Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Subscription Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 123 contracts

Samples: Subscription Agreement (NewHold Investment Corp.), Subscription Agreement (PropertyGuru Group LTD), Subscription Agreement (Mountain Crest Acquisition Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall will operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 67 contracts

Samples: Employment Agreement (Sulphco Inc), Employment Agreement (Flagship Global Health, Inc.), Employment Agreement (Alloy Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between among the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 27 contracts

Samples: Investor Rights Agreement (Higher One Holdings, Inc.), Investor Rights Agreement (Paratek Pharmaceuticals Inc), Investor Rights Agreement (Index Venture Associates III LTD)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 18 contracts

Samples: Subordinated Loan Agreement (General Moly, Inc), Stockholder Agreement (General Moly, Inc), Stockholders’ Agreement (PCI Media, Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power power, or remedy under this Subscription Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power power, or remedy of such party. No single or partial exercise of any right, power power, or remedy under this Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power power, or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power power, or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 10 contracts

Samples: Subscription Agreement (Good Works Acquisition Corp.), Subscription Agreement (Arqit Quantum Inc.), Subscription Agreement (Cipher Mining Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a ---------------------------------------- party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 9 contracts

Samples: Management Services Agreement (Epitaxx Inc), Investment Representation and Lockup Agreement (Alloy Online Inc), Investment Representation and Lockup Agreement (Alloy Online Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the any parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 9 contracts

Samples: Forward Purchase Agreement (Northern Genesis Acquisition Corp. II), Forward Purchase Agreement (Northern Genesis Acquisition Corp. III), Form of Forward Purchase Agreement (Northern Genesis Acquisition Corp. III)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party Party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties Parties hereto, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Agreement by a party Party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party Party hereto shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 8 contracts

Samples: Sponsor Agreement (Yucaipa Acquisition Corp), Sponsor Support Agreement (Cohn Robbins Holdings Corp.), Sponsor Agreement (Pegasus Digital Mobility Acquisition Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 8 contracts

Samples: Agreement and Plan of Reorganization (Artemis Strategic Investment Corp), Lock Up Agreement (Sizzle Acquisition Corp.), Investors Agreement (Artemis Strategic Investment Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Share Purchase Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Share Purchase Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Share Purchase Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 7 contracts

Samples: Share Purchase Agreement (Taboola.com Ltd.), Share Purchase Agreement (ION Acquisition Corp 1 Ltd.), Share Purchase Agreement (TWC Tech Holdings II Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between among the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party or parties receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 6 contracts

Samples: Investment Agreement (Crixus BH3 Acquisition Co), Investment Agreement (First Light Acquisition Group, Inc.), Investment Agreement (First Light Acquisition Group, Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to to, or demand on on, a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to receive any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 5 contracts

Samples: Hydra Industries Acquisition Corp., Hydra Industries Acquisition Corp., Leisure Acquisition Corp.

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. 6.11.

Appears in 5 contracts

Samples: Deep Lake Capital Acquisition Corp., Pomona Acquisition LTD, SportsTek Acquisition Corp.

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any and no abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Osprey Technology Acquisition Corp.), Agreement and Plan of Merger (Big Cypress Acquisition Corp.), Sponsor Support Agreement (Osprey Technology Acquisition Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Subscription Agreement, and no course of dealing between the parties heretoParties, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Subscription Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Subscription Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 4 contracts

Samples: Limited Liability Company Agreement (Cartesian Growth Corp), Subscription Agreement (Finance of America Companies Inc.), Subscription Agreement (Replay Acquisition Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Investor Rights Agreement, and no course of dealing between among the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Investor Rights Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Investor Rights Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 4 contracts

Samples: Investor Rights Agreement (Aegerion Pharmaceuticals, Inc.), Investor Rights Agreement (Aegerion Pharmaceuticals, Inc.), Investor Rights Agreement (Aegerion Pharmaceuticals, Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties Parties hereto, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 3 contracts

Samples: Lock Up Agreement (Sizzle Acquisition Corp.), Lock Up Agreement (Sizzle Acquisition Corp.), Lock Up Agreement (Critical Metals Corp.)

No Waiver of Rights, Powers and Remedies. No Except as expressly provided in this Agreement, no failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 3 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties heretoParties, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 3 contracts

Samples: Business Combination Agreement (Athena Consumer Acquisition Corp.), Sponsor Letter Agreement (Athena Consumer Acquisition Corp.), Sponsor Letter Agreement (Fortune Rise Acquisition Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties heretoParties, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 3 contracts

Samples: Share Purchase Agreement (Energem Corp), Share Purchase Agreement (Energem Corp), Share Purchase Agreement (Energem Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between among the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party, other than as provided by Section 7.3 above. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Investor Rights Agreement (Idb Holding Corp LTD), Investor Rights Agreement (Given Imaging LTD)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Environmental Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Environmental Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Environmental Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Lease (CMSF Corp), Lease (Plures Technologies, Inc./De)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties Parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Consulting Agreement (ProLink Holdings Corp.), General Agreement For (Chyron Corp)

No Waiver of Rights, Powers and Remedies. No Except as provided herein, no failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Employment Agreement (Butterfly Network, Inc.), Employment Agreement (Butterfly Network, Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power power, or remedy under this Agreement, and no course of dealing between the parties hereto, shall will operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall will preclude such party from any other or further exercise thereof or the exercise of any other right, power power, or remedy hereunder. The election of any remedy by a party hereto shall will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Kush Bottles, Inc., Kush Bottles, Inc.

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between among the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party, other than as provided by Section 4.3 above. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Registration Rights Agreement (Given Imaging LTD), Registration Rights Agreement (Given Imaging LTD)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course Course of dealing between the parties hereto, shall will operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Bonus Agreement (Calliditas Therapeutics AB), Bonus Agreement (Calliditas Therapeutics AB)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party Party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties Parties hereto, shall operate as a waiver of any such right, power or remedy of such partythe Party. No single or partial exercise of any right, power or remedy under this Agreement by a party Party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party Party hereto shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Service and Support Agreement (VIASPACE Inc.), Service and Support Agreement (VIASPACE Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cra International, Inc.), Charles River Associates Inc

No Waiver of Rights, Powers and Remedies. No failure or ---------------------------------------- delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Aristotle Corp), Common Stock Purchase Agreement (Sight Resource Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.. MEMORY PHARMACEUTICALS CORP. M. Xxxxx

Appears in 1 contract

Samples: Letter Agreement (Memory Pharmaceuticals Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Backstop Subscription Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Backstop Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Backstop Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Backstop Subscription Agreement (Seaport Global Acquisition Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.. ​

Appears in 1 contract

Samples: Employment Agreement (Ocular Therapeutix, Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties heretoParties, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Investment and Securities Purchase Agreement (General Moly, Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by ---------------------------------------- a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Aristotle Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Convertible Note Subscription Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Convertible Note Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Convertible Note Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Convertible Note Subscription Agreement (Churchill Capital Corp III)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further orfurther exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: UTXO Acquisition Inc.

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.demand.-10-7.11

Appears in 1 contract

Samples: Execution Versionvoting and Support Agreementthis Voting and Support Agreement (Crescent Park Management, L.P.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this AgreementAgreement or the Exhibits, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement or any of the Exhibits by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement or any of the Exhibits shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Employment Agreement (America Online Inc)

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No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Investment Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Investment Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Investment Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Investment Agreement (Vertical Aerospace Ltd.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party ---------------------------------------- hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Command Systems Inc

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Employment Agreement (Onesoft Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties heretoParties, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Stockholder Support Agreement (Roth CH Acquisition v Co.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.. k.

Appears in 1 contract

Samples: LDH Growth Corp I

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, Agreement and no course of dealing between the parties hereto, hereto shall operate as a waiver of any such right, right power or remedy of such party. No single or partial exercise of any right, . power or remedy under this Agreement by a party hereto, . nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, . shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party part hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Brilliant Acquisition Corp

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Subscription Agreement, and no course of dealing between Subscriber and the parties heretoCompany, shall operate as a waiver of any such right, power or remedy of such partySubscriber and the Company. No single or partial exercise of any right, power or remedy under this Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Subscription Agreement (Lifesci Acquisition II Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall will operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.a

Appears in 1 contract

Samples: Employment Agreement (Qiagen N.V.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.. [REMAINDER OF PAGE INTENTIONALLY BLANK]

Appears in 1 contract

Samples: Alternative Technology Resources Inc

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Redemption Subscription Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Redemption Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Redemption Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Redemption Subscription Agreement (Aurora Acquisition Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party hereto not expressly required under this Agreement shall entitle the such party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Securities Purchase Agreement (General Moly, Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall will operate as a waiver of any such right, power or remedy of such party. the party No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall will preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Employment Agreement (Sulphco Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Redemption and Voting Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Redemption and Voting Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Redemption and Voting Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Redemption and Voting Agreement (TWC Tech Holdings II Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.. 6.11

Appears in 1 contract

Samples: G Squared Ascend I Inc.

No Waiver of Rights, Powers and Remedies. No failure or delay ---------------------------------------- by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Bamboo Com Inc

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Non-Redemption Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Non- Redemption Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Non-Redemption Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Non Redemption Agreement (MPH Acquisition Holdings LLC)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Coley Pharmaceutical Group, Inc.

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.. MEMORY PHARMACEUTICALS CORP. Sxxxxxx Xxxxxx, M.D., Ph.D.

Appears in 1 contract

Samples: Letter Agreement (Memory Pharmaceuticals Corp)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, Agreement and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Securities Subscription Agreement (Arc Communications Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Forbearance Agreement (Seragen Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under MEMORY PHARMACEUTICALS CORP. V. Xxxxxxx this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Memory Pharmaceuticals Corp

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party, except as provided in Section 7.3. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Preferred Share Purchase Agreement (Given Imaging LTD)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party Party hereto in exercising any right, power or remedy under this AgreementDeed, and no course of dealing between the parties heretoParties, shall operate as a waiver of any such right, power or remedy of such partyParty. No single or partial exercise of any right, power or remedy under this Agreement Deed by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement Deed shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Shareholders’ Deed (Altimeter Growth Corp.)

No Waiver of Rights, Powers and Remedies. No NO failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such the party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Exelixis Inc

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties heretoParties, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Insider Support Agreement (Roth CH Acquisition v Co.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Subscription Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.. ​

Appears in 1 contract

Samples: Subscription Agreement (RMG Acquisition Corp.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Sponsor Subscription Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Sponsor Subscription Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Sponsor Subscription Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

Appears in 1 contract

Samples: Subscription Agreement (Aurora Acquisition Corp.)

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