No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 714 contracts
Samples: Voting Agreement (Valentis Inc), Separation and Mutual Release Agreement (FTE Networks, Inc.), Voting Agreement (NPS Pharmaceuticals Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 74 contracts
Samples: Agreement and Plan of Merger (Frontier Oil Corp /New/), Stockholder Agreement (Odyssey Healthcare Inc), Support Agreement (Cambridge Display Technology, Inc.)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 53 contracts
Samples: Form of Voting Agreement (Corel Corp), Voting Agreement (Limelight Networks, Inc.), Agreement and Plan of Merger (Iomega Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 46 contracts
Samples: Agreement and Plan of Merger (FNB Corp/Fl/), Stock and Asset Purchase Agreement (Standard Management Corp), Agreement and Plan of Merger (YADKIN FINANCIAL Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 37 contracts
Samples: Voting Agreement (Parlux Fragrances Inc), Agreement and Plan of Merger (Constant Contact, Inc.), Voting Agreement (Parlux Fragrances Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 36 contracts
Samples: Voting Agreement (Miller Douglas H), Voting Agreement (Continucare Corp), Voting Agreement (Teleglobe International Holdings LTD)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 33 contracts
Samples: Securities Purchase Agreement (Proteon Therapeutics Inc), Voting Agreement (Selectica Inc), Voting Agreement (Insignia Systems Inc/Mn)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its such party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 33 contracts
Samples: Voting Agreement (Lewis Michael V), Voting Agreement (Oracle Corp), Shareholders’ Agreement (Lakes Entertainment Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 31 contracts
Samples: Voting Agreement (K2 Inc), Voting Agreement (Schuler Homes Inc), Purchase and Sale and Voting Agreement (TRW Inc)
No Waiver. The failure of any party hereto to exercise any rightrights, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 28 contracts
Samples: Stockholder Option Agreement (Dep Corp), Stockholder Agreement (Tickets Com Inc), Stockholder Agreement (Quarterdeck Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Voting Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 28 contracts
Samples: Voting Agreement (NeoStem, Inc.), Lock Up and Voting Agreement (NeoStem, Inc.), Voting Agreement (Velocity Express Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or the failure of any party hereto to insist upon compliance by any other party hereto with its obligations hereunder, and or the existence of any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 26 contracts
Samples: Agreement and Plan of Merger (North American Galvanizing & Coatings Inc), Stockholders Agreement (Azz Inc), Agreement and Plan of Merger (Berkshire Hathaway Inc)
No Waiver. The terms and provisions hereof may not be waived except by an instrument signed on behalf of the party waiving compliance. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 22 contracts
Samples: Stockholder’s Agreement (Ats Corp), Stockholder Support Agreement (Stiefel Laboratories, Inc.), Stockholder Support Agreement (Bio Imaging Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. (j)
Appears in 16 contracts
Samples: Tender Agreement Agreement (Carnegie Group Inc), Stockholders Agreement Agreement (Cuc International Inc /De/), Tender Agreement Agreement (Logica PLC / Eng)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its such party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 15 contracts
Samples: Tender and Support Agreement (EndoChoice Holdings, Inc.), Support Agreement (Ocata Therapeutics, Inc.), Tender and Support Agreement (Oplink Communications Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereof, of this Agreement shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 15 contracts
Samples: Stock Tender and Voting Agreement (Main Street Restaurant Group, Inc.), Stock Tender and Voting Agreement (Main Street Restaurant Group, Inc.), Conversion, Tender and Voting Agreement (Analex Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a 7 waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Voting Agreement (Intel Corp), Voting Agreement (Intel Corp), Voting Agreement (Intel Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (FNCB Bancorp, Inc.), Agreement and Plan of Merger (Partners Bancorp), Agreement and Plan of Merger (LINKBANCORP, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Stockholder Agreement (Hawaiian Natural Water Co Inc), Agreement and Plan of Merger (Premiere Technologies Inc), Stockholder Agreement (Xpedite Systems Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 12 contracts
Samples: Stockholders Agreement (Marriott International Inc /Md/), Employment Agreement (Mi Subsidiary I Inc), Stockholders Agreement (Mi Subsidiary I Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this agreement, and any custom or practice of the parties at variance with the terms hereofof this agreement, shall not constitute a waiver by such that party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Stockholders Agreement (Mi Subsidiary I Inc), Stockholders Agreement (Hain Food Group Inc), Agreement and Plan of Merger (Radian Group Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Voting Agreement (Hector Communications Corp), Voting Agreement (Hector Communications Corp), Voting Agreement (Computer Network Technology Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Exchange Agreement (ATRM Holdings, Inc.), Amendment Agreement (AMERI Holdings, Inc.), Exchange Agreement (Lone Star Value Management LLC)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Change in Control Agreement (Cascade Bancorp), Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Preferred Stock Redemption Agreement (Dynegy Holdings Inc), Shareholder Agreement (Dynegy Inc), Shareholder Agreement (Dynegy Inc /Il/)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Tender and Voting Agreement (Statoil Asa), Tender and Voting Agreement (Brigham Exploration Co), Company Stockholders Voting Agreement (Solvay S a /Adr/)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or the failure of any party hereto to insist upon compliance by any other party hereto with its respective obligations hereunder, and or the existence of any custom or practice of the parties hereto at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Lecroy Corp), Shareholder Agreement (Teledyne Technologies Inc), Shareholder Agreement (Bolt Technology Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 9 contracts
Samples: Stockholders Agreement (Wearnes Technology Pte LTD), Stockholders' Agreement (Seacor Holdings Inc /New/), Stockholders' Agreement (C/R Marine Domestic Partnership Lp a Delaware Lp)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (NDC Automation Inc), Voting Agreement (Sunstone Hotel Investors Inc), Voting Agreement (Alter Robert A)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 8 contracts
Samples: Voting Agreement (Ssa Global Technologies, Inc), Voting Agreement (E Piphany Inc), Voting Agreement (Elevon Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Registration Rights Agreement (Leap Therapeutics, Inc.), Voting Agreement (Micro Therapeutics Inc), Voting Agreement (Leap Therapeutics, Inc.)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Voting Agreement (Marbut Bob), Voting Agreement (Marbut Bob), Voting Agreement (Marbut Bob)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliancecompliance nor shall any single or partial exercise of any such rights preclude any other or further exercise thereof.
Appears in 7 contracts
Samples: Support Agreement (Silverberg Elyse Beth), Support Agreement (Chindex International Inc), Support Agreement (Chindex International Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof thereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Shareholder Agreement (Nova Corp \Ga\), Shareholder Agreement (Nova Corp \Ga\), Shareholder Agreement Agreement (PMT Services Inc /Tn/)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Master Services Agreement (Global Eagle Entertainment Inc.), Master Services Agreement (Global Eagle Entertainment Inc.), Membership License Agreement (Tritel Finance Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Voting Agreement (Meridian Waste Solutions, Inc.), Agreement and Plan of Merger (Schein Henry Inc), Agreement and Plan of Merger (Micro Bio Medics Inc)
No Waiver. The failure of any party Party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Restructuring Support Agreement (Accuride Corp), Restructuring Support Agreement (Regent Communications Inc), Restructuring Support Agreement (Trump Atlantic City Funding Iii Inc)
No Waiver. The failure of any party hereto to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Support Agreement (Trizec Properties Inc), Support Agreement (Trizec Canada Inc), Support Agreement (Trizec Canada Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or the Proxy or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderhereunder or thereunder, and any custom or practice of the parties at variance with the terms hereofhereof or thereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Playcore Inc), Securities Agreement (Bell Sports Corp), Stockholders Agreement (Carson Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Piggyback Registration Rights Agreement (Integra Lifesciences Holdings Corp), Master Settlement Agreement and Restructuring Support Agreement, Master Debt Restructuring Agreement (PostRock Energy Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Stockholder Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Stockholder Agreement (Leapnet Inc), Stockholder Agreement (SPR Inc), Stockholder Agreement (Usweb Corp)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Shared Services Agreement (Mack Cali Realty L P), Shareholders Agreement (Mack Cali Realty L P), Shareholders Agreement
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Voting Agreement (Power Solutions International, Inc.), Voting Agreement (Power Solutions International, Inc.), Voting Agreement (Power Solutions International, Inc.)
No Waiver. The terms and provisions hereof may not be waived except by an instrument signed by or on behalf of the party waiving compliance. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Support and Voting Agreement (Vestar Capital Partners v L P), Support and Voting Agreement (Vestar Capital Partners v L P), Support and Voting Agreement (Vestar Capital Partners v L P)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Voting Agreement (Keryx Biopharmaceuticals Inc), Voting Agreement (Akebia Therapeutics, Inc.), Securities Purchase Agreement (PDL Biopharma, Inc.)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Settlement Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Settlement and Release Agreement (Tousa Inc), Settlement and Release Agreement (Tousa Inc), Settlement and Release Agreement (Tousa Inc)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Registration Rights Agreement (Lannett Co Inc), Lock Up Agreement (General Motors Co), Registration Rights Agreement (Lannett Co Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Restructuring Agreement (Teletouch Communications Inc), Principal Stockholders Agreement (Teletouch Communications Inc), Stockholders Agreement (Royal Ahold)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Voting Agreement (Vodavi Technology Inc), Voting Agreement (Vertical Communications, Inc.), Voting Agreement (Vertical Communications, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereundersuch party’s obligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Voting Agreement (Renovacor, Inc.), Voting Agreement (Renovacor, Inc.), Voting Agreement (Rocket Pharmaceuticals, Inc.)
No Waiver. The failure of any party hereto either Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Assignment and License Agreement (Conocophillips), Assignment and License Agreement (Phillips 66), Assignment and License Agreement (Phillips 66)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party's right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Tender and Voting Agreement (Emc Corp), Tender and Voting Agreement (Hewlett Packard Co), Agreement and Plan of Merger (Kapstone Paper & Packaging Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Exercise and Conversion Agreement (Tidel Technologies Inc), Restructuring Agreement (Egain Communications Corp), Exercise and Conversion Agreement (Tidel Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Release or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Contribution Agreement (Regency Energy Partners LP), Separation and Mutual Release Agreement (Organovo Holdings, Inc.), Release Agreement (Organovo Holdings, Inc.)
No Waiver. The failure of any party hereto to exercise any rightrights, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. (j)
Appears in 4 contracts
Samples: 3 Stockholder Agreement Agreement (Voith Sulzer Acquisition Corp), Stockholder Agreement Agreement (Voith Sulzer Acquisition Corp), 4 Stockholder Agreement Agreement (Voith Sulzer Acquisition Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Debt Restructuring Agreement (I Link Inc), Standstill and Voting Agreement (Pogo Producing Co), Standstill and Voting Agreement (Goelet LLC)
No Waiver. The failure of any party hereto to exercise --------- any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Shareholders Agreement (Cuc International Inc /De/), Exchange Agreement (Wickes Inc), Stock Option and Right of First Refusal Agreement (Brant Benjamin J)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its their obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its their right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Cimnet Inc/Pa), Voting Agreement (Biw LTD), Agreement and Plan of Merger (Cimnet Inc/Pa)
No Waiver. The failure of any party Party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Rehabilitation Exit Support Agreement (Ambac Financial Group Inc), Preferred Stock Repurchase and Support Agreement, Preferred Stock Repurchase and Support Agreement (Ambac Financial Group Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other rightrights, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholders Agreement (Searle Urling I), Stockholders Agreement (Consol Inc), Stockholders Agreement (Rochester & Pittsburgh Coal Co)
No Waiver. The failure of any either party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty Trust Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with his or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Morgan Stanley), Voting Agreement (Morgan Stanley), Parent Stockholder Voting Agreement (Barr Laboratories Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof hereto at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower Holdings Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderhereunder or, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholders’ Agreement (Opta Food Ingredients Inc /De), Stockholders' Agreement (Stake Technology LTD), Stockholders' Agreement (Burns International Services Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Merchants Bancshares Inc), Agreement and Plan of Merger (Community Bank System, Inc.), Agreement and Plan of Merger (Seacoast Banking Corp of Florida)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Avp Inc), Voting Agreement (Avp Inc), Voting Agreement (Kc Holding Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholder Agreement (Johns Manville Corp /New/), Trust Voting Agreement (Johns Manville Corp /New/), Trust Voting Agreement (Manville Personal Injury Settlement Trust)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by of such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Confidentiality and Noncompetition Agreement (Instron Corp), Instron Corp, Kirtland Capital Partners Iii L P
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lam Research Corp), Agreement and Plan of Merger (Lam Research Corp), International Integration Incorporated Voting Agreement (Razorfish Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Shareholder Agreement (Dynegy Inc /Il/), Shareholder Agreement (Dynegy Inc.), Corporate Opportunity Agreement (Dynegy Holdings Inc)
No Waiver. The failure of any party hereto to exercise enforce any right, power right or remedy provided under this Agreement or otherwise available in respect hereof at law or in equityhereunder, or to insist upon compliance by promptly enforce any other party hereto with its obligations hereundersuch right or remedy, and shall not be deemed to be a waiver thereof nor give rise to any custom or practice estoppel against such party, nor excuse any of the parties at variance with the terms hereof, shall not constitute a from their obligations hereunder. Any waiver by of such party of its right to exercise any such or other right, power or remedy or must be in writing and signed by the party to demand such compliancebe bound. This Agreement is subject to enforcement at law and/or equity, including actions for damages and/or specific performance.
Appears in 3 contracts
Samples: Environmental Indemnity Agreement (Inland Real Estate Income Trust, Inc.), Environmental Indemnity Agreement (Owens Realty Mortgage, Inc.), Environmental Indemnity Agreement (Owens Realty Mortgage, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Lock Up Agreement (Thermogenesis Corp), Voting Agreement (Jekogian Iii Nickolas W), Voting Agreement (Wilshire Enterprises Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. 128 i.
Appears in 3 contracts
Samples: Voting Agreement (Sunstone Hotel Investors Inc), Voting Agreement (Alter Robert A), Voting Agreement (Westbrook Real Estate Partners LLC)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.its
Appears in 3 contracts
Samples: Voting Agreement (Hearst Corp), Voting Agreement (Hearst Corp), Voting Agreement (Hearst Corp)
No Waiver. The failure of any party hereto to exercise any ---------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Sybron Chemicals Inc), Stockholder's Agreement (Agfa Corp), Stockholders' Agreement (Agfa Corp)
No Waiver. The failure of any party hereto Party to exercise any right, power power, or remedy provided under this Agreement Release or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Transaction Support Agreement (Summit Midstream Partners, LP), Intercreditor Agreement (CAESARS ENTERTAINMENT Corp), Mutual Release (MedMen Enterprises, Inc.)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Agreement (Liberty Media Corp /De/), Agreement (Malone John C)
No Waiver. The failure of any party hereto to exercise --------- any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholder Agreement (Amcon Distributing Co), Shareholder Agreement (Dynamic Healthcare Technologies Inc)
No Waiver. The failure of any party hereto Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Applicable Law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Refinancing Support Agreement (Alion Science & Technology Corp), Refinancing Support Agreement (Alion Science & Technology Corp)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholders Agreement (Advanced Logic Research Inc), Stockholders Agreement (Gateway 2000 Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Key Stockholder Agreement (Novume Solutions, Inc.), Key Stockholder Agreement (Novume Solutions, Inc.)
No Waiver. The failure of any party hereto here to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Employment Agreement (Whispering Oaks International Inc), Employment Agreement (Whispering Oaks International Inc)
No Waiver. The failure of any party hereto to exercise --------- any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholders Agreement (Securitas Ab), S Agreement (Northrop Grumman Corp)
No Waiver. The failure of any party hereto to --------- exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Shareholders Agreement (Toys R Us Inc), Agreement and Plan of Merger (Toys R Us Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (White River Corp), Exhibit Jj (Pioneer Electronic Corp)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its such Party’s obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its such Party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stock Purchase, Non Tender and Support Agreement (JMI Equity Fund VI LP), Stock Purchase, Non Tender and Support Agreement (GTCR Valor Merger Sub, Inc.)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Form of Voting Agreement (Trulia, Inc.), Voting Agreement (Zillow Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. (h)
Appears in 2 contracts
Samples: Shareholder Agreement Shareholder Agreement (Zitel Corp), Agreement and Plan of Reorganization and Merger (Peerless Systems Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Executive Employment Agreement (LTX-Credence Corp), Executive Employment Agreement (LTX-Credence Corp)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Network Membership License Agreement (Telecorp PCS Inc), Network Membership License Agreement (Triton PCS Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.. (j)
Appears in 2 contracts
Samples: Stockholders Agreement Stockholders Agreement (Cable Car Beverage Corp), Stockholders Agreement Stockholders Agreement (Cable Car Beverage Corp)
No Waiver. The failure of any party hereto to exercise --------- any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Lerdal Mark D), Voting Agreement (Lerdal Mark D)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Agree- ment or otherwise available in respect hereof at law or in equityeq- uity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute con- stitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliancecompli- ance.
Appears in 2 contracts
Samples: Shareholders Agreement (Baby Superstore Inc), Voting, Support and Indemnification Agreement (Safeco Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. (i)
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hearst Argyle Television Inc), Agreement and Plan of Merger (Hearst Argyle Television Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Ansan Pharmaceuticals Inc), Voting Agreement (Ansan Pharmaceuticals Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its such party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party's right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Tender and Support Agreement (Icahn Carl C), Tender and Support Agreement (Icahn Carl C)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.a
Appears in 2 contracts
Samples: Registration Rights Agreement (Lamar Advertising Co/New), Registration Rights Agreement (Amfm Inc)
