No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 591 contracts
Samples: Advisory Agreement (AlphaMetrix Managed Futures LLC (Aspect Series)), Employment Agreement (Todos Medical Ltd.), Employment Agreement (Todos Medical Ltd.)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder or pursuant hereto shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted remedy hereunder must be in writing and shall be valid only in the specific instance in which givenor pursuant thereto.
Appears in 112 contracts
Samples: Employment Agreement (Inland Real Estate Corp), Employment Agreement (Inland Real Estate Corp), Employment Agreement (Inland Western Retail Real Estate Trust Inc)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VI]
Appears in 109 contracts
Samples: Tax and Special Source Credit Agreement, Tax Agreement, Tax Agreement
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which givencumulative and not exclusive of any rights or remedies provided by law.
Appears in 72 contracts
Samples: Registration Rights Agreement (Endo International PLC), Agreement and Plan of Merger (Juniper Partners Acquisition Corp.), Registration Rights Agreement (Rite Aid Corp)
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenprivilege.
Appears in 63 contracts
Samples: Limited Liability Company Operating Agreement (Masterworks 003, LLC), Limited Liability Company Operating Agreement (iCap Vault 1, LLC), Limited Liability Company Operating Agreement (Vault Holding 1, LLC)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VI]
Appears in 32 contracts
Samples: Tax and Special Source Credit Agreement, Special Source Credit Agreement, Credit Agreement
No Waiver. No failure or delay on the part of any by either party hereto in exercising any right, power right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 25 contracts
Samples: Cooperation Agreement (Cadiz Inc), Nomination and Support Agreement (Blue Harbour Group, L.P.), Cooperation Agreement (Air Methods Corp)
No Waiver. No Except as otherwise expressly set forth herein, no failure or delay on the part of any party hereto to exercise and no delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 18 contracts
Samples: Employment Agreement (Santa Lucia Bancorp), Employment Agreement (Community Bancorp Inc), Employment Agreement (Santa Lucia Bancorp)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder thereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 14 contracts
Samples: Consulting Agreement (MaxQ AI Ltd.), Consulting Agreement (Jeffs' Brands LTD), Consulting Agreement (SciSparc Ltd.)
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power right or remedy hereunder shall will operate as a waiver thereof, nor shall will any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 14 contracts
Samples: Cooperation Agreement (Ebay Inc), Cooperation Agreement (Berkshire Hills Bancorp Inc), Cooperation Agreement (Sempra Energy)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 13 contracts
Samples: Stockholders’ Agreement (Motient Corp), Stockholders’ Agreement (Skyterra Communications Inc), Assignment of Inventions Agreement (Vapotherm Inc)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VI] MISCELLANEOUS
Appears in 11 contracts
Samples: Tax Agreement, Of Tax Agreement, Tax and Special Source Credit Agreement
No Waiver. No Except as otherwise expressly set forth herein, no failure or delay on the part of any either party hereto to exercise and no delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof, hereof nor shall any single or partial exercise of any such right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 8 contracts
Samples: Employment Agreement (Hard Rock Hotel Inc), Employment Agreement (Hard Rock Hotel Inc), Employment Agreement (Hard Rock Hotel Inc)
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which givencumulative and not exclusive of any rights or remedies provided by law.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Alpharma Inc), Stock Purchase Agreement (A L Industrier As), Escrow Agreement (Mgi Pharma Inc)
No Waiver. No failure or delay on the part of any party hereto by either Party in exercising any right, power right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 7 contracts
Samples: Nomination and Standstill Agreement (DIEBOLD NIXDORF, Inc), Standstill and Board Representation Agreement (Artesyn Technologies Inc), Confidentiality Agreement (Sourcecorp Inc)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given. 21.
Appears in 5 contracts
Samples: Sub Advisory Regarding (MML Series Investment Fund), Sub Advisory Agreement (Massmutual Institutional Funds), Investment Sub Advisory Agreement (Massmutual Institutional Funds)
No Waiver. No failure or delay on the part of any either party hereto in --------- exercising any right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted remedy hereunder must be in writing and shall be valid only in or the specific instance in which givenremedies provided by law.
Appears in 5 contracts
Samples: Assignment Agreement (Amgen Inc), License Agreement (Amgen Inc), License Agreement (Amgen Inc)
No Waiver. No failure or delay on the part of by any party hereto Party in exercising any right, power right or remedy hereunder shall will operate as a waiver thereof, nor shall will any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 5 contracts
Samples: Cooperation Agreement (Twilio Inc), Cooperation and Settlement Agreement (Taronis Fuels, Inc.), Agreement (Hc2 Holdings, Inc.)
No Waiver. No failure or delay on the part of any by either party hereto in exercising any right, power right or remedy hereunder shall will operate as a waiver thereof, nor shall will any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 4 contracts
Samples: Cooperation Agreement (Pitney Bowes Inc /De/), Agreement (Donnelley Financial Solutions, Inc.), Cooperation Agreement (GameStop Corp.)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which givenwaiving party hereto.
Appears in 3 contracts
Samples: Tax and Incentive Agreement, Tax and Incentive Agreement, Tax and Incentive Agreement
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given. 24.
Appears in 3 contracts
Samples: Advisory Agreement Advisory Agreement (Prudential Bache Capital Return Futures Fund 2 L P), Sub Advisory Agreement (Massmutual Institutional Funds), Investment Sub Advisory Agreement (Massmutual Institutional Funds)
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which givencumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: Voting and Support Agreement (LoopNet, Inc.), Voting Agreement (Palm Inc), Voting and Support Agreement (Costar Group Inc)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc), Subordination Agreement
No Waiver. No failure or delay on the part of by any party hereto in --------- exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which givencumulative and not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: Voting Agreement (Evolve Software Inc), Voting Agreement (DigitalFX International Inc), Form of Voting Agreement (Evolve Software Inc)
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which given.cumulative and not exclusive of any rights or remedies provided by law. EXECUTION VERSION
Appears in 3 contracts
Samples: Agreement (Global Aviation Leasing Co., Ltd.), Agreement to Tender (Avolon Holdings LTD), sec.report
No Waiver. No failure or delay on the part of any party Party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 2 contracts
Samples: Services Agreement (IM Cannabis Corp.), Services Agreement
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VI] MISCELLANEOUS
Appears in 2 contracts
Samples: Of Tax Agreement, Tax Agreement
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VI] ARTICLE VII MISCELLANEOUS
Appears in 2 contracts
Samples: Of Tax Agreement, Tax Agreement
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further future exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which givencumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Distribution Agreement (Quilmes Industrial Quinsa Societe Anonyme), Distribution Agreement (American Beverage Co Ambev)
No Waiver. No failure or delay on the part of any party hereto either Party in --------- exercising any right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted remedy hereunder must be in writing and shall be valid only in or the specific instance in which givenremedies provided by law.
Appears in 2 contracts
Samples: License Agreement (Amgen Inc), License Agreement (Amgen Inc)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VI] MISCELLANEOUS
Appears in 2 contracts
Samples: Of Tax Agreement, Credit Agreement
No Waiver. No failure or delay on the part of by any party hereto Party in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further future exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which givencumulative and not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: License Agreement (Quilmes Industrial Quinsa Societe Anonyme), Conformed Copy (American Beverage Co Ambev)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. End of Article VI
Appears in 2 contracts
Samples: Tax and Special Source Credit Agreement, Tax and Special Source Credit Agreement
No Waiver. No failure or delay on the part of any party hereto Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
Samples: Equity Transfer Agreement (China Information Technology, Inc.)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, rights power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
Samples: Ids Managed Futures L P
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
Samples: General Sales Terms and Conditions
No Waiver. No failure or delay on the part of any either party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which givenparty giving such waiver.
Appears in 1 contract
Samples: Confidential Treatment Requested Agreement (Boron Lepore & Associates Inc)
No Waiver. 15.1 No failure or delay on the part of by any party hereto Party in exercising any right, power right or remedy hereunder shall will operate as a waiver thereof, nor shall will any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 1 contract
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further fur- ther exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
Samples: Advisory Agreement (Prudential Securities Aggressive Growth Fund Lp)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VI] ARTICLE VIIARTICLE V
Appears in 1 contract
Samples: Credit Agreement
No Waiver. No failure or delay on the part of any party hereto either Party in --------- exercising any right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted remedy hereunder must be in writing and shall be valid only in the specific instance in which givenor provided by law.
Appears in 1 contract
Samples: License Agreement (Amgen Inc)
No Waiver. (a) No delay or failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall effect or operate as a waiver thereof, nor shall any single or partial exercise thereof or any abandonment or discontinuance of any steps to enforce such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
Samples: Credit Agreement (Microsemi Corp)
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 1 contract
No Waiver. No failure or delay on the part of any party hereto Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 1 contract
Samples: Collateral Sharing Agreement (Clear Channel Communications Inc)
No Waiver. No failure or delay on the part party of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
Samples: Investment Management Agreement (Sidoti & Company, Inc.)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. End of Article VI
Appears in 1 contract
Samples: Credit Agreement
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder or pursuant hereto shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted remedy hereunder must be in writing and shall be valid only in the specific instance in which givenor pursuant thereto.
Appears in 1 contract
Samples: And Proprietary Rights Agreement (Vitacost.com, Inc.)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as provided herein may be, or may be deemed to be, a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
No Waiver. No failure Failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
Samples: Consulting Agreement (Metro One Telecommunications Inc)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedyremedy hereunder. Any No waiver granted hereunder must of any provision hereof shall be effective unless the same shall be in writing and shall be valid only in signed by the specific instance in which given.waiving party hereto. [End of Article VII]
Appears in 1 contract
Samples: Tax Agreement
No Waiver. 16.1 No failure or delay on the part of any party hereto Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedy. Any No party shall be deemed to have waived any right hereunder unless such waiver granted hereunder must shall be in writing and shall be valid only in signed by the specific instance in which givenparty whose right is alleged to have been waived.
Appears in 1 contract
Samples: Agreement
No Waiver. No failure or delay on the part of any by a party hereto in exercising any right, power right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 1 contract
Samples: Voting and Support Agreement (Forest City Realty Trust, Inc.)
No Waiver. No failure or delay on the part of by any party hereto in exercising any right, power or remedy privilege hereunder shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such right, power or remedy thereof preclude any other or further exercise thereof or the exercise of any other right, power or remedyprivilege. Any waiver granted hereunder must be in writing The rights and remedies herein provided shall be valid only in the specific instance in which givencumulative and not exclusive of any rights or remedies provided by Law.
Appears in 1 contract
Samples: Asset Purchase Agreement (Interactive Motorsports & Entertainment Corp)
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given. 25.
Appears in 1 contract
No Waiver. No failure or delay on the part of any party of the parties hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereofhereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
Appears in 1 contract
No Waiver. No failure Failure or delay on the part of any by either party hereto in exercising any right, power right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy waiver thereof preclude any other or further exercise thereof or the exercise of any other right, power right or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which givenremedy hereunder.
Appears in 1 contract
Samples: Non Disclosure Agreement
No Waiver. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or of the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.. j.
Appears in 1 contract
Samples: Fund Accounting and Reporting Agreement (RFMC Global Directional Fund LP)
No Waiver. (a) No failure or delay on the part of any by either party hereto in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy, or any abandonment or discontinuance of steps to enforce any right, power or remedy remedy, preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any No waiver granted hereunder must be in writing and of any right, power or remedy shall be valid only effective unless given in the specific instance in which givenwriting.
Appears in 1 contract
No Waiver. No failure or delay on the part of any either --------- party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted remedy hereunder must be in writing and shall be valid only in or the specific instance in which givenremedies provided by law.
Appears in 1 contract
Samples: License Agreement (Amgen Inc)
