Common use of Remedies Not Exclusive Clause in Contracts

Remedies Not Exclusive. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.

Appears in 140 contracts

Samples: Agreement and Plan of Merger (Golden State Vintners Inc), Voting Agreement (Hampshire Group LTD), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)

AutoNDA by SimpleDocs

Remedies Not Exclusive. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either any party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.

Appears in 19 contracts

Samples: Securities Purchase Agreement (Proteon Therapeutics Inc), Registration Rights Agreement (Leap Therapeutics, Inc.), Voting Agreement (Proteon Therapeutics Inc)

Remedies Not Exclusive. All rightsExcept as may be otherwise provided in this Agreement, powers the rights or remedies of the parties hereunder are not exclusive, and remedies provided under either party will be entitled alternatively or cumulatively, subject to the other provisions of this Agreement Agreement, to damages for breach, to an order requiring specific performance, or otherwise to any other remedy available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyequity.

Appears in 4 contracts

Samples: Unc Health Care System Purchase Order Terms And, Unc Health Care System Purchase Order Terms And, Purchase Order Terms And

Remedies Not Exclusive. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any right thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.

Appears in 3 contracts

Samples: Share Exchange Agreement (Spring Bank Pharmaceuticals, Inc.), Voting Agreement (Spring Bank Pharmaceuticals, Inc.), Voting Agreement (Richardson Electronics LTD/De)

Remedies Not Exclusive. All rights, powers and The remedies provided to the parties under this Agreement or otherwise available in respect hereof at law or in equity will be are cumulative and not alternativeexclusive to each other, and the exercise of any thereof by either party such remedy will not preclude be deemed or construed to affect any right which any of the simultaneous Parties is entitled to seek at law, in equity or later exercise of any other such right, power or remedy by such partystatute.

Appears in 2 contracts

Samples: Confidential Treatment (DelMar Pharmaceuticals, Inc.), Confidential Treatment (DelMar Pharmaceuticals, Inc.)

Remedies Not Exclusive. All rights, powers and The remedies provided to the Parties under this Agreement or otherwise available in respect hereof at law or in equity will be are cumulative and not alternativeexclusive to each other, and the exercise of any thereof by either party such remedy will not preclude be deemed or construed to affect any right which any of the simultaneous Parties is entitled to seek at law, in equity or later exercise of any by statute (other such right, power or remedy by such partythan as provided in Section 15.1).

Appears in 2 contracts

Samples: Collaboration and License Agreement (Arcturus Therapeutics Ltd.), Collaboration and License Agreement (Arcturus Therapeutics Ltd.)

Remedies Not Exclusive. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.

Appears in 2 contracts

Samples: Tender and Voting Agreement (Epolin Inc /Nj/), Tender and Voting Agreement (Epolin Inc /Nj/)

Remedies Not Exclusive. All rights, powers and remedies provided under in accordance with this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Invuity, Inc.), Tender Agreement (Invuity, Inc.)

Remedies Not Exclusive. All rights, powers and remedies provided ---------------------- under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.

Appears in 2 contracts

Samples: Voting Agreement (Constellation Brands Inc), And Option Agreement (Beringer Wine Estates Holdings Inc)

AutoNDA by SimpleDocs

Remedies Not Exclusive. All rights, powers and The remedies provided to the Parties under this Agreement or otherwise available in respect hereof at law or in equity will be are cumulative and not alternativeexclusive to each other, and the exercise of any thereof by either party such remedy will not preclude be deemed or construed to affect any right which any of the simultaneous Parties is entitled to seek at law, in equity or later exercise of any other such right, power or remedy by such partystatute.

Appears in 2 contracts

Samples: Patent Rights Purchase Agreement (XORTX Therapeutics Inc.), Patent Rights Purchase Agreement (XORTX Therapeutics Inc.)

Remedies Not Exclusive. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party Party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such partyParty.

Appears in 1 contract

Samples: Securities Purchase Agreement (FUND.COM Inc.)

Remedies Not Exclusive. All Except as otherwise provided in Section 5.10, all rights, powers and remedies provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.

Appears in 1 contract

Samples: Tender and Voting Agreement (Associated Materials Inc)

Remedies Not Exclusive. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any right thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.. [Signature Page Follows]

Appears in 1 contract

Samples: Asset Purchase Agreement (Neoprobe Corp)

Remedies Not Exclusive. All rights, powers and remedies provided under this Agreement or otherwise available in respect hereof at law or in equity will be cumulative and not alternative, and the exercise of any thereof by either party will not preclude the simultaneous or later exercise of any other such right, power or remedy by such party.. [The rest of this page has intentionally been left blank]

Appears in 1 contract

Samples: Support Agreement (MACOM Technology Solutions Holdings, Inc.)

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