Common use of Non-Waivers Clause in Contracts

Non-Waivers. Neither any failure nor any delay on the part of any party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights of such party, unless such waiver is made by a writing executed by the party and delivered to the other parties hereto; nor shall a single or partial exercise of any right preclude any other or further exercise of any other right, power or privilege accorded to any party hereto.

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Blue Earth, Inc.), Agreement and Plan of Merger (Blue Earth, Inc.), Agreement and Plan of Merger (Blue Earth, Inc.)

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Non-Waivers. Neither any failure nor any delay on the part of any party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights right, power or privilege of such party, unless such waiver is made by a writing executed by the party and delivered to the other parties hereto; nor shall a single or partial exercise of any right right, power or privilege preclude any other or further exercise of any other right, power or privilege accorded to any party hereto.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Andover Medical, Inc.), Stock Purchase Agreement (Andover Medical, Inc.), Stock Purchase Agreement (Urban Ag. Corp.)

Non-Waivers. Neither any failure nor any delay on the part of ----------- any party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights of such party, unless such waiver is made by a writing executed by the party and delivered to the other parties hereto; nor shall a single or partial exercise of any right preclude any other or further exercise of any other right, power or privilege accorded to any party hereto.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Agribiotech Inc), Stock Purchase Agreement (Agribiotech Inc), Purchase Agreement (Agribiotech Inc)

Non-Waivers. Neither any failure nor any delay on the part of any party Party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights of such partyParty, unless such waiver is made by a writing executed by the party Party and delivered to the other parties Parties hereto; nor shall a single or partial exercise of any right preclude any other or further exercise of any other right, power or privilege accorded to any party Party hereto.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Blue Earth, Inc.), Agreement and Plan of Merger (Blue Earth, Inc.)

Non-Waivers. Neither any failure nor any delay on the part of any party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights of such party, unless such waiver is made by a writing executed by the party and delivered to the other parties hereto; , nor shall a single or partial exercise of any right preclude any other or further exercise of any other right, power or privilege accorded to any party hereto.

Appears in 1 contract

Samples: Stock Purchase Agreement (Stage Ii Apparel Corp)

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Non-Waivers. Neither any failure nor any delay on the part ----------- of any party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights of such party, unless such waiver is made by a writing executed by the party and delivered to the other parties hereto; nor shall a single or partial exercise of any right preclude any other or further exercise of any other right, power or privilege accorded to any party hereto.

Appears in 1 contract

Samples: Stock Purchase Agreement (Agribiotech Inc)

Non-Waivers. Neither any failure nor any delay on the part of any ----------- party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver of any rights of such party, unless such waiver is made by a writing executed by the party and delivered to the other parties hereto; nor shall a single or partial exercise of any right preclude any other or further exercise of any other right, power or privilege accorded to any party hereto.

Appears in 1 contract

Samples: Stock Purchase Agreement (Agribiotech Inc)

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