Remedies; Waiver. To the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 10 contracts
Samples: Exchange and Shareholder Rights Agreement (Fremont General Corp), Investment Agreement (Fremont General Corp), Investor Rights Agreement (Arris Group Inc)
Remedies; Waiver. To the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Pershing Gold Corp.), Agreement and Plan of Merger (Dataram Corp), Agreement and Plan of Merger (Dataram Corp)
Remedies; Waiver. To the extent permitted by Lawlaw, all rights and remedies existing under this Agreement and or any related agreements or documents Ancillary Documents are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 7 contracts
Samples: Registration Rights Agreement (Urstadt Biddle Properties Inc), Securities Purchase Agreement (First Niagara Financial Group Inc), Investment Agreement (Leucadia National Corp)
Remedies; Waiver. To the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 5 contracts
Samples: Hybrid Assembly Supply Agreement (General Inspection Laboratories Inc), Gallium Arsenide and Thin Film Supply and Services Agreement (General Inspection Laboratories Inc), Stock Purchase Agreement (Watkins Johnson Co)
Remedies; Waiver. To the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Phillips Van Heusen Corp /De/), Securities Purchase Agreement (Phillips Van Heusen Corp /De/), Investor Financing Agreement (Biocryst Pharmaceuticals Inc)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents Amendment are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Lawavailable. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 4 contracts
Samples: Investment Agreement (Brascan Corp/), Investment Agreement (Brascan Corp/), Investment Agreement (Criimi Mae Inc)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 4 contracts
Samples: Research Agreement (Camptothecin) (Supergen Inc), Research Agreement (Supergen Inc), Confidential Treatment (Supergen Inc)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Medix Resources Inc), Asset Purchase Agreement (Curative Health Services Inc), Asset Purchase Agreement (Ramp Corp)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Lawavailable. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 3 contracts
Samples: Share Exchange Agreement (Americomm Resources Corp), Share Acquisition Agreement (Spacedev Inc), Common Stock Exchange Agreement (Spacedev Inc)
Remedies; Waiver. To Except to the extent permitted by this Clause 10.12 is inconsistent with any other provision in this Agreement or applicable Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party Party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Watson Pharmaceuticals Inc), Stock Purchase Agreement (Watson Pharmaceuticals Inc), Stock Purchase Agreement (Watson Pharmaceuticals Inc)
Remedies; Waiver. To the extent permitted by Lawlaw, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 3 contracts
Samples: Special (Special Metals Corp), Special Metals Corp, Inco LTD
Remedies; Waiver. To the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party Party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.. 10.16
Appears in 2 contracts
Samples: Securities Purchase Agreement (Hovnanian Enterprises Inc), Asset Purchase Agreement (Hovnanian Enterprises Inc)
Remedies; Waiver. To the extent permitted by Lawapplicable law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Standstill Agreement (Amc Entertainment Inc), Standstill Agreement (Apollo Investment Fund Iv Lp)
Remedies; Waiver. To the extent permitted by Lawlaw, all rights and remedies existing under this Agreement and any related agreements or documents Amendment are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Investment Agreement (First Marblehead Corp), Investment Agreement (First Marblehead Corp)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cascade Corp), Asset Purchase Agreement (Iexalt Inc)
Remedies; Waiver. To the extent permitted by LawSubject to Article 8, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Purchase Agreement (EFH Group, Inc.), Stock Purchase Agreement (Euronet Worldwide Inc)
Remedies; Waiver. To Except as otherwise provided herein, and to the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Renewable Innovations, Inc.), Agreement and Plan of Merger (Tiger X Medical, Inc.)
Remedies; Waiver. To Except to the extent permitted by Lawthis Section 10.13 is inconsistent with any other provision in this Agreement or applicable law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party Party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Stock Purchase Agreement (TPG Advisors IV, Inc.), Stock Purchase Agreement (Telecom Italia S P A)
Remedies; Waiver. To the maximum extent permitted by Lawlaw, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Maxwell Technologies Inc), Asset Purchase Agreement (Predictive Systems Inc)
Remedies; Waiver. To the extent permitted by Lawlaw, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Citigroup Inc), Securities Purchase Agreement (Citigroup Inc)
Remedies; Waiver. To the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Exclusive Marketing and Licensing Agreement (Acacia Research Corp), Asset Purchase Agreement (Image Entertainment Inc)
Remedies; Waiver. To the extent permitted by LawExcept as otherwise set forth in this Agreement, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Highland Clan Creations Corp), Asset Purchase Agreement (Raptor Pharmaceuticals Corp.)
Remedies; Waiver. To Subject to Section 10.7, to the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Original Purchase Agreement (Tradestar Services, Inc.)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Lawavailable. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right remedy hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Registration Rights Agreement (Gaylord Entertainment Co /De)
Remedies; Waiver. To the maximum extent permitted by Lawlaw, all rights ---------------- and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Remedies; Waiver. To the extent permitted by Law, all rights and remedies existing under this License Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Cross License Agreement (General Inspection Laboratories Inc)
Remedies; Waiver. To the extent permitted by LawSubject to Article XII, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Remedies; Waiver. To the extent permitted by LawExcept as otherwise set forth in this Agreement, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party Party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Asset Purchase Agreement (Raptor Pharmaceuticals Corp.)
Remedies; Waiver. To the extent permitted by applicable Law, all rights and remedies existing under this Agreement and or any related agreements or documents Ancillary Agreements are cumulative to, and are exclusive of, any rights or remedies otherwise available under applicable Law. Any provision of this Agreement may be waived in writing by the party against whom the waiver is to be effective. No failure on the part of any party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Investment Agreement (Plymouth Industrial REIT Inc.)
Remedies; Waiver. To the maximum extent permitted by Lawlaw, all rights ----------------- and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Remedies; Waiver. To the maximum extent permitted by Law, except as otherwise specifically provided by this Agreement, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Stock Purchase Agreement (Mercantile Bancorp, Inc.)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents the Transaction Documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party Party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Asset Purchase and Redemption Agreement (Landos Biopharma, Inc.)
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Lawlaw. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.. 8.16
Appears in 1 contract
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Lawavailable. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall will be deemed a waiver thereof, nor shall will any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Remedies; Waiver. To Except to the extent permitted by Lawthis Section 9.14 is inconsistent with any other provision in this Agreement or applicable law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this ---------------- Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party Party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.. Pacific and TIS shall be entitled to seek any equitable remedy to the extent such remedy is available under applicable Law
Appears in 1 contract
Remedies; Waiver. To Without limitation of Section 11.18, to the extent permitted by Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Asset Purchase Agreement (Nn Inc)
Remedies; Waiver. To the extent permitted by Law, Law all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Asset Purchase Agreement (Affinity Entertainment Inc)
Remedies; Waiver. To Except to the extent permitted by this Clause 10.12 is inconsistent with any other provision in this Agreement or applicable Law, all rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, and are not exclusive of, any rights or remedies otherwise available under applicable Law. No failure on the part 39 of any party Party to exercise, or delay in exercising, any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right.
Appears in 1 contract
Samples: Stock Purchase Agreement
Remedies; Waiver. To the extent permitted by Law, all All rights and remedies existing under this Agreement and any related agreements or documents are cumulative to, to and are not exclusive of, of any rights or remedies otherwise available under applicable Law. No failure on the part of any party to exercise, exercise or delay in exercising, exercising any right hereunder shall be deemed a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such or any other right. Buyer, Seller and the Trust shall be entitled to seek any equitable remedy to the extent such remedy is available under applicable Law.
Appears in 1 contract
Samples: Share Purchase Agreement (American Industrial Properties Reit Inc)
