Common use of Remedies Cumulative; Waiver Clause in Contracts

Remedies Cumulative; Waiver. (a) The rights and remedies of the Merger Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any Merger Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (i) no waiver that may be given by a Merger Party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one Merger Party will be deemed to be a waiver of any obligation of that Merger Party or of the right of the Merger Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (TorreyPines Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Raptor Pharmaceuticals Corp.)

AutoNDA by SimpleDocs

Remedies Cumulative; Waiver. (a) The rights and remedies of the Merger Parties parties to this Agreement are cumulative and not alternative. Neither any the failure nor any delay by any Merger Party party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege privilege, and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by applicable law, (ia) no claim or right arising out of this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no wavier that may be given by a Merger Party party will be applicable except in to the specific instance for which it is given; given and (iic) no notice to or demand on one Merger Party party will be deemed to be a waiver of any obligation of that Merger Party such party or of the right of the Merger Party party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Pioneer Drilling Co), Asset Purchase Agreement (Pioneer Drilling Co)

Remedies Cumulative; Waiver. (a) The rights and remedies of the Merger Parties parties to this Agreement are cumulative and not alternative. Neither any the failure nor any delay by any Merger Party party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (ia) no claim or right arising out of this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a Merger Party party will be applicable except in to the specific instance for which it is given; and (iic) no notice to or demand on one Merger Party party will be deemed to be a waiver of any obligation of that Merger Party such party or of the right of the Merger Party party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 2 contracts

Samples: Noncompetition Agreement (American Home Food Products, Inc.), Noncompetition Agreement (American Home Food Products, Inc.)

Remedies Cumulative; Waiver. (a) The rights and remedies of the Merger Parties parties to this Agreement are cumulative and cumulative, not alternative. Neither any the failure nor any delay by any Merger Party either party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of or such right, power power, or privilege privilege, and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, right power or privilege. To the maximum extent permitted by applicable law, (ia) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a Merger Party party will be applicable except in the specific instance for which it is given; and (iic) no notice to or demand on one Merger Party party will be deemed to be a waiver of any obligation of that Merger Party such party or of the right of the Merger Party party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 1 contract

Samples: firstamericanstock.dreamideation.com

AutoNDA by SimpleDocs

Remedies Cumulative; Waiver. (a) The rights and remedies of the Merger Parties to this Agreement parties are cumulative and not alternative. Neither any failure nor any delay by any Merger Party party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege privilege, and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by applicable lawLaw, (ia) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be waived by a party, in whole or in part, unless made in a writing signed by such party or the Stockholders’ Representative on behalf of a Stockholder, (b) a waiver that may be given by a Merger Party party will only be applicable except in to the specific instance for which it is given; , and (iic) no notice to or demand on one Merger Party a party will be deemed to be a waiver of (i) waive or otherwise affect any obligation of that Merger Party party or of (ii) affect the right of the Merger Party party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heritage Commerce Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.