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 Addendum, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Addendum by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, 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 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 Addendum 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. The terms and provisions of this Addendum may be waived, or consent for the departure therefore granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Addendum, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or consent.

Appears in 2 contracts

Sources: Business Associate Addendum, Business Associate Addendum

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this AddendumAgreement, and no course of dealing between the parties hereto, will shall operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Addendum Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will 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 will 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 Addendum will 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. The terms and provisions of this Addendum Agreement may be waived, or consent for the departure therefore therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this AddendumAgreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific 60 68 instance and for the purpose for which it was given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Sources: Asset Transfer and Merger 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 AddendumAgreement, and no course of dealing between the parties heretohereto or in any trade or industry, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Addendum Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, 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 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 Addendum Agreement 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. The terms and provisions Notwithstanding the foregoing, if (a) a party fails to provide written notice of an alleged violation of this Addendum may be waivedAgreement, as provided herein, within one (1) year of the alleged violation or the date on which the complaining party should reasonably have become aware of such alleged violation, whichever is later, or consent for (b) the departure therefore granted, only by written document executed alleged violation is not still in existence on the date of said notice and/or (c) the alleged violation has been ratified by the complaining party entitled prior to the benefits of said notice, such terms or provisions. No such waiver or consent will alleged violation shall be deemed waived but only as to be or will constitute a waiver or consent with respect to any other terms or provisions of this Addendum, whether or not similar. Each such waiver or consent will be effective only in the specific said specified instance and for the purpose for which it was given, and will not constitute a continuing waiver or consentas to all future occurrences of said alleged violation.

Appears in 1 contract

Sources: Employment Agreement (Novume Solutions, 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 AddendumAgreement, and no course of dealing between the parties hereto, will shall operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Addendum Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will 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 will 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 Addendum will 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. The terms and provisions of this Addendum Agreement may be waived, or consent for the departure therefore therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this AddendumAgreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific instance and for the purpose for which it was given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Sources: Registration Rights Agreement (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 AddendumAgreement, and no course of dealing between the parties hereto, will shall operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Addendum Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will 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 will 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 Addendum will 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 wavier 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. The terms and provisions of this Addendum Agreement may be waived, or consent for the departure therefore therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this AddendumAgreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific instance and for the purpose for which it was given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Sources: Asset Purchase Agreement (Ziopharm 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 AddendumAgreement, and no course of dealing between the parties heretoParties, will shall operate as a waiver of any such right, power or remedy of the partyParty. No single or partial exercise of any right, power or remedy under this Addendum Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will 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 will 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 Addendum will 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 wavier 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. The terms and provisions of this Addendum Agreement may be waived, or consent for the departure therefore therefrom granted, only by written document executed by the party Party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this AddendumAgreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific instance and for the purpose for which it was given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Sources: License Agreement (Ziopharm Oncology Inc)

No Waiver of Rights, Powers and Remedies. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by a written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or consent. No failure or delay by a party hereto in exercising any right, power or remedy under this AddendumAgreement, and no course of dealing between the parties Parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power or remedy under this Addendum Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, 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 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 Addendum Agreement 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. The terms and provisions of this Addendum may be waived, or consent for the departure therefore granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Addendum, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or consent.

Appears in 1 contract

Sources: Independent Consulting Agreement (NephroGenex, Inc.)