Waiver; Cumulative Rights. The failure or delay of either party to require performance by the other party of any provision hereof shall not affect its right to require performance of such provision unless and until such performance has been waived in writing. Each and every right hereunder is cumulative and may be exercised in part or in whole from time to time.
Waiver; Cumulative Rights. The Company’s failure or delay to require performance by the Participant of any provision of this Award Agreement will not affect its right to require performance of such provision unless and until the Company has waived such performance in writing. Each right under this Award Agreement is cumulative and may be exercised in part or in whole from time to time.
Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under the Agreement, its delay in enforcing any right, or its waiver of its rights on any occasion, shall not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights shall constitute a waiver thereof. No waiver of any provision of the Agreement shall be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. All rights and remedies of the parties are cumulative, not alternative.
Waiver; Cumulative Rights. The failure or delay of either party hereto to require performance by the other party of any provision hereof shall not affect its right to require performance of such provision unless and until such performance has been waived in writing. Each and every right hereunder is cumulative and may be exercised in part or in whole from time to time.
Waiver; Cumulative Rights. No failure on the part of Lender to exercise and no delay in exercising, and no course of dealing with respect to, any right, power or privilege under this Agreement or the Promissory Note shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement, the Promissory Note or the Guarantee preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Waiver; Cumulative Rights. The failure or delay of Lender to require performance by Borrower of any provisions of this Contract shall not affect its right to require performance of such provision unless and until such performance has been waived in writing by Lender. Each and every right granted to Lender hereunder or under any other document delivered in connection herewith, or allowed to it at law or in equity, shall be cumulative and may be exercised in part or in whole from time to time.
Waiver; Cumulative Rights. No provision of this Agreement shall be deemed to have been waived by any act or knowledge of either party or of such party's agents, officers or employees, but only by an instrument in writing signed by such party and delivered to the other party hereto specifying such waiver. The failure or delay of either party to require performance by the other party of any provision hereof shall not affect its right to require performance of such provision unless and until such performance has been waived in writing. Each and every right hereunder is cumulative and may be exercised in whole or in part from time to time.
Waiver; Cumulative Rights. No failure by any Party to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement or condition. All rights and remedies which a Party may have hereunder or by operation of law are cumulative, and the pursuit of one right or remedy shall not be deemed an election to waive or renounce any other right or remedy.
Waiver; Cumulative Rights. 35 (i) Notices...........................................................................35 (j) Governing Law.....................................................................37 (k) Counterparts......................................................................37 (l) Headings..........................................................................37 Schedule I - DEMS Licenses Schedule II - FirstMark DEMS Applications Schedule 7(g) Extraordinary Contracts of FirstMark Schedule 9(h)(i) Tax Matters Schedule 10(a)(vi) Regulatory Matters Schedule 10(a)(vii) Subscription Contracts Schedule 10(a)(x) Assets and Liabilities of FirstMark Schedule 10(b)(i) Capitalization of Associated Exhibit A - Signing Opinion of Xxxxx XxXxxxx Xxxx & Xxxxxxxxx Exhibit B - Closing Opinion of Xxxxx XxXxxxx Xxxx & Xxxxxxxxx STOCK CONTRIBUTION AGREEMENT AGREEMENT dated as of March 10, 1997, by and between ASSOCIATED COMMUNICATIONS, L.L.C., a Delaware limited liability company (together with its successors, "Associated"), FIRSTMARK COMMUNICATIONS, INC., a Delaware corporation (together with its successors, "FirstMark"), and XXXX XXXXXXXX ("Contributor"), and, for purposes of Sections 8(h) and (i) only, Microwave Services, Inc., a Delaware corporation (together with its successors, "MSI") and Digital Services Corporation, a Virginia corporation (together with its successors, "DSC," and, collectively with MSI, the "Original Shareholders").
Waiver; Cumulative Rights. No delay or failure of the Lender to exercise any right, remedy, power or privilege hereunder shall impair the same or be construed to be a waiver of the same or of any Event of Default or an acquiescence therein. No single or partial exercise of any right, remedy, power or privilege shall preclude other or further exercise thereof by the Lender. All rights, remedies, powers, and privileges herein conferred upon the Lender shall be deemed cumulative and not exclusive of any others available. No waiver of any provision of any Loan Document or consent to any departure by any Loan Party therefrom shall in any event be effective unless the same shall be permitted by Section 11.12, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Event of Default, regardless of whether the Lender may have had notice or knowledge of such Event of Default at the time.
