Common use of Waiver; Remedies Cumulative Clause in Contracts

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 104 contracts

Samples: Asset Purchase Agreement (cbdMD, Inc.), Stock Purchase Agreement (Esterline Technologies Corp), Asset Purchase Agreement (Onelink Inc)

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Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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 10 contracts

Samples: Exchange and Service Agreement (Regeneration Technologies Inc), Tax Indemnity Agreement (Evolus, Inc.), Contribution and Equity Interest Purchase Agreement (Conagra Foods Inc /De/)

Waiver; Remedies Cumulative. The rights and remedies No failure or delay on the part of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party hereto in exercising the exercise of any right, power right hereunder shall impair such right or privilege under this Agreement or any of the documents referred be construed to in this Agreement will operate as be a waiver of, or acquiescence in, any breach of such rightany representation, power warranty or privilegeagreement herein, and no nor shall any single or partial exercise of any such right, power or privilege will right preclude any other or further exercise of such right, power thereof or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that such party or of the right of the 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. All rights and remedies existing under this Agreement are in addition to, and not exclusive of, any rights or remedies otherwise available.

Appears in 10 contracts

Samples: Agreement and Plan of Merger (Hanger Orthopedic Group Inc), Stock Purchase Agreement (Augme Technologies, Inc.), Agreement and Plan of Merger (Aim Group Inc)

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

Appears in 8 contracts

Samples: Stock Purchase Agreement (Lightpath Technologies Inc), Stock Purchase Agreement (BioTelemetry, Inc.), Share Purchase Agreement (Ventyx Biosciences, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 partyparty with such claim or right; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 8 contracts

Samples: Stock Purchase Agreement (Wits Basin Precious Minerals Inc), Stock Purchase Agreement (China Information Technology, Inc.), Stock Purchase Agreement (China Information Technology, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties hereunder are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will shall 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, (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless made in writing and signed by the each other partyParty; (bii) no waiver that may be given by a party will Party shall be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party will Party shall be deemed to be a waiver of any obligation of that party Party or of the right of the 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 7 contracts

Samples: Convertible Debt and Security Agreement (Beamz Interactive Inc), Stock Purchase, Loan and Security Agreement (Beamz Interactive Inc), 2013 Convertible Debt and Security Agreement (Beamz Interactive Inc)

Waiver; Remedies Cumulative. The Except as otherwise provided herein, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, : (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one a party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other such party; (bii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 7 contracts

Samples: Software Licensing and End User Agreement, Software Licensing Agreement, Software Licensing Agreement

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, Legal Requirement: (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyanother Party; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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 5 contracts

Samples: Membership Interest Purchase Agreement (Meridian Waste Solutions, Inc.), Membership Interest Purchase Agreement (Meridian Waste Solutions, Inc.), Membership Interest Purchase Agreement (Meridian Waste Solutions, Inc.)

Waiver; Remedies Cumulative. The Except as expressly set forth in this Agreement, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (aA) no claim or right arising out of this Agreement or any of 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; (bB) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (cC) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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. Any waiver must be in writing and signed by the party or parties against whom it is sought to be enforced.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Viewcast Com Inc), Asset Purchase Agreement (Viewcast Com Inc), Asset Purchase Agreement (Viewcast Com Inc)

Waiver; Remedies Cumulative. The rights and remedies No failure or delay on the part of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party hereto in exercising the exercise of any right, power right hereunder shall impair such right or privilege under this Agreement or any of the documents referred be construed to in this Agreement will operate as be a waiver of, or acquiescence in, any breach of such rightany representation, power warranty or privilegeagreement herein, and no nor shall any single or partial exercise of any such right, power or privilege will right preclude any other or further exercise of such right, power thereof or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable lawLaw, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that such party or of the right of the 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. All rights and remedies existing under this Agreement are in addition to, and not exclusive of, any rights or remedies otherwise available.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Daou Systems Inc), Agreement and Plan of Merger (Daou Systems Inc), Agreement and Plan of Merger (Daou Systems Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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 lawLegal Requirements, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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 4 contracts

Samples: Purchase and Sale Agreement (Sempra Energy), Purchase and Sale Agreement (Royal Bank of Scotland Group PLC), Purchase and Sale Agreement (Royal Bank of Scotland Group PLC)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParties; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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 3 contracts

Samples: Share Exchange Agreement (SFH I Acquisition Corp), Share Exchange Agreement (SFH I Acquisition Corp), Share Exchange Agreement (SFH I Acquisition Corp)

Waiver; Remedies Cumulative. The Except as otherwise provided for herein, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 3 contracts

Samples: Asset Purchase Agreement (Mitek Systems Inc), Amended and Restated Agreement and Plan of Merger (Mitek Systems Inc), Agreement and Plan of Merger (Authentidate Holding Corp)

Waiver; Remedies Cumulative. The Subject to Section 9.2 until Closing and subject to Section 11.8 after Closing, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 3 contracts

Samples: Asset Purchase Agreement (Luna Innovations Inc), Asset Purchase Agreement (Hooker Furniture Corp), Stock Purchase Agreement (Luna Innovations Inc)

Waiver; Remedies Cumulative. (a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (ai) no claim or right arising out of this Agreement or any of 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; (bii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 3 contracts

Samples: Agreement and Plan of Merger (Manufacturers Services LTD), Agreement and Plan of Merger (Manufacturers Services LTD), Agreement and Plan of Merger (Manufacturers Services LTD)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, : (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyanother Party; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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 3 contracts

Samples: Membership Interest Purchase Agreement (Brooklyn Cheesecake & Desert Com), Membership Interest Purchase Agreement (Conversion Labs, Inc.), Membership Interest Purchase Agreement (Brooklyn Cheesecake & Desert Com)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 continuing 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 (Photomedex Inc), Asset Purchase Agreement (Emergent Group Inc/Ny)

Waiver; Remedies Cumulative. The With the exceptions noted above, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 (Health & Nutrition Systems International Inc), Asset Purchase Agreement (Tisi Christopher)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement hereunder are cumulative and not alternative. Neither any failure nor any delay by any either party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will shall 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, (a) no claim or right arising out of this Agreement or any of 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 made in writing and signed by the other party; , (b) no waiver that may be given by a party will shall be applicable except in the specific instance for which it is given; , and (c) no notice to or demand on one party will shall be deemed to be a waiver of any obligation of that party or of the right of the 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: Fee Sharing Agreement (Dematco Inc), Services Agreement (Dematco Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement other Transaction Documents 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement other Transaction Documents 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or any of the documents referred to in this Agreementother Transaction Documents.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Esterline Technologies Corp), Asset Purchase Agreement (Integrated Defense Technologies Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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 lawLegal Requirement, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Equity Interest Purchase Agreement (NGL Energy Partners LP), Equity Interest Purchase Agreement

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 (Industrial Enterprises of America, Inc.), Asset Purchase Agreement (Chart Industries Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; , and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 (Caraustar Industries Inc), Stock Purchase Agreement (Proxymed Inc /Ft Lauderdale/)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 partyparties; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 (Insight Health Services Holdings Corp), Asset Purchase Agreement (Stewart & Stevenson Funding Corp.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither No failure, delay, or single or partial exercise of any failure nor any delay right, power, or privilege by any 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 privilegepower, and no single or partial exercise of any such right, power or privilege or 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, : (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 (Ceco Environmental Corp), Asset Purchase Agreement (Ceco Environmental Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement Agreement, any of the Related Agreements 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 lawLegal Requirements, (ai) no claim or right arising out of this Agreement Agreement, any of the Related Agreements or any of 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; (bii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Share Purchase Agreement (Multi Fineline Electronix Inc), Share Purchase Agreement (Versar Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLegal Requirements, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 (Chanticleer Holdings, Inc.), Agreement and Plan of Merger (KLIF Broadcasting, Inc.)

Waiver; Remedies Cumulative. (a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLegal Requirements, (ai) no claim or right arising out of this Agreement or any of 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; (bii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Primary Stock Purchase Agreement (Optical Communication Products Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties set forth herein are cumulative and not alternative. Neither any failure nor any delay by any 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, 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 lawLaw, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless such waiver or renunciation is in writing and signed by the other party; Parties, (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; , and (c) no notice to or demand on by one party Party will be deemed to be a waiver of any obligation of that party Party, or a waiver of the right of the 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: Agreement and Plan of Merger (Dice Holdings, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative, except as limited herein. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Fox Factory Holding Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties set forth herein are cumulative and not alternative. Neither any failure nor any delay by any 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, 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 power, or privilege. To the maximum extent permitted by applicable lawLaw, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless such waiver or renunciation is in writing and signed by the other party; such Party, (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; , and (c) no notice to or demand on by one party Party will be deemed to be a waiver of any obligation of that party Party, or a waiver of the right of the 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: Transition Services Agreement (Cogent Communications Holdings, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Smartfinancial Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one party, in whole or of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Gateway Energy Corp/Ne)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement other Transaction Documents 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, except as otherwise provided herein (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement other Transaction Documents 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or any of the documents referred to in this Agreementother Transaction Documents.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aveta Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice Notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the party Party giving such notice the 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 (Radiopharm Theranostics LTD)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; given and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Britesmile Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither No failure, delay, or single or partial exercise of any failure nor any delay right, power, or privilege by any 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 privilegepower, and no single or partial exercise of any such right, power or privilege or 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, : (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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.. {W1118977.1}

Appears in 1 contract

Samples: Asset Purchase Agreement (Ceco Environmental Corp)

Waiver; Remedies Cumulative. The rights and remedies No failure or delay on the part of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party hereto in exercising the exercise of any right, power right hereunder will impair such right or privilege under this Agreement or any of the documents referred be construed to in this Agreement will operate as be a waiver of, or acquiescence in, any breach of such rightany representation, power warranty or privilegeagreement herein, and no nor will any single or partial exercise of any such right, power or privilege will right preclude any other or further exercise of such right, power thereof or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that such party or of the right of the 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. All rights and remedies existing under this Agreement are in addition to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Stock Purchase Agreement (Greenfield Online Inc)

Waiver; Remedies Cumulative. The Except as otherwise provided in this Agreement, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Agreement and Plan of Reorganization (Zaldiva Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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. Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions marked [***].

Appears in 1 contract

Samples: Asset Purchase Agreement (Kimball Electronics, Inc.)

Waiver; Remedies Cumulative. The rights and remedies No failure or delay on the part of any Party in the parties exercise of any right hereunder shall impair such right or be construed to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as be a waiver of, or acquiescence in, any breach of such rightany representation, power warranty or privilegeagreement herein, and no nor shall any single or partial exercise of any such right, power or privilege will right preclude any other or further exercise of such right, power thereof or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that such party or of the right of the 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. All rights and remedies existing under this Agreement are in addition to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Settlement and Release Agreement (SBM Certificate Co)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, : (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Agreement and Plan of Reorganization (SeqLL, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the --------------------------- parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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 Exchange Agreement (National Parking Systems, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (FusionStorm Global, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLaw, (a) no claim or right arising out of this Agreement or any of 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; parties, (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; , and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Barry R G Corp /Oh/)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any No failure nor any or delay by any party ny Party in exercising any right, power power, or privilege under this Agreement, or any of the docume s re rred to in this Agreement, shall operate as a waiver of such right, power, or privilege, and ngle or partial exercise of any such right, power, or privilege shall preclude any her or further xercise of uch right, power, or privilege, or the exercise of any other right, power, or privilege. To t m mum extent permitted by Applicable Law: (a) no claim or right ng out of his Agreement or any of the documents referred to in this Agreement will operate as a waiver of such rightAgreement, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by harged one partyP y, in whole or in part, by a waiver or renunciation of the claim or right unless in writing unle n writi signed by the other partys Party; (b) no waiver that may be given by a party will Party shall be applicable except appl cable exc pt in the specific instance ins ance for which it is given; and (c) no notice to or demand on one party will be rty shal deemed to be a waiver of any obligation of that party such Party, or of the right of the party giving Pa y gi ng such notice or demand demand, to take further action without notice or demand as provided in this Agreement Agre ment, or the he documents referred to in this Agreement.

Appears in 1 contract

Samples: Distribution Agreement

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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 lawLegal Requirement, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Asset Purchase Agreement (Emergent BioSolutions Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, : (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Cabot Microelectronics Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties hereunder are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement referenced herein 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement herein can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyboth Parties; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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 Agreementherein.

Appears in 1 contract

Samples: Agreement for the Purchase and Sale of Goods

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Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (bii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Release and Settlement Agreement (Amcon Distributing Co)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, and no single or partial exercise of any such 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; Party(ies), (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Asset Purchase Agreement (Taser International Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power or privilege under this Agreement or any of o f 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, : (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyanother Party; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Software Transfer Agreement (Esports Entertainment Group, Inc.)

Waiver; Remedies Cumulative. The Except as otherwise provided herein, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Right Start Inc /Ca)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any 56 obligation of that party or of the right of the 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: Asset Purchase Agreement (MBI Financial, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and [***] - Confidential Portions of This Agreement Which Have Been Redacted Are Marked With Brackets (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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“[***]”). The Omitted Material Has Been Filed Separately With The United States Securities and Exchange Commission.

Appears in 1 contract

Samples: Exchange and Service Agreement (Cryolife Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Release are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement Release or any of the documents referred to in this Agreement Release 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, (a) no claim or right arising out of this Agreement Release or any of the documents referred to in this Agreement Release 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 partyeach party to be charged thereby and by Purchaser; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement Release or the documents referred to in this AgreementRelease.

Appears in 1 contract

Samples: Business Combination Agreement (TradeUP Global Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to hereto under this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement Ancillary Instruments 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 lawLaws, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement Ancillary Instruments 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or any of the documents referred to in this AgreementAncillary Instruments.

Appears in 1 contract

Samples: Purchase Agreement (United Western Bancorp Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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.. Table of Contents

Appears in 1 contract

Samples: Asset Purchase Agreement (Talx Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation re- nunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: jimstclair.com

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLaw, (a) no claim or right arising out of this Agreement or any of 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; party granting such waiver or renunciation, (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; , and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Barry R G Corp /Oh/)

Waiver; Remedies Cumulative. The Except as set forth in Section 12.8 above, the rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParties; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Asset Purchase Agreement (Rogers Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; Parties, (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; given and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Asset Purchase Agreement (Servotronics Inc /De/)

Waiver; Remedies Cumulative. The rights and remedies No failure or delay on the part of any Party hereto in the parties exercise of any right hereunder shall impair such right or be construed to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as be a waiver of, or acquiescence in, any breach of such rightany representation, power warranty or privilegeagreement herein, and no nor shall any single or partial exercise of any such right, power or privilege will right preclude any other or further exercise of such right, power thereof or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (bii) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party such Party or of the right of the 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. All rights and remedies existing under this Agreement are in addition to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Samples: Securities Purchase and Lock Up Agreement (Hanger Orthopedic Group Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 waiving or renouncing party; , (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; given and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Limited Liability Company Membership Interest Purchase Agreement (Britesmile Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided for in this Agreement or the documents referred to in this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Shumate Industries Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 or 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Chad Therapeutics Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative, except as limited herein. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (Fox Factory Holding Corp)

Waiver; Remedies Cumulative. The Except to the extent provided by Section 10.9, the rights and remedies of the parties to this Agreement Parties hereunder are cumulative and not alternative. Neither any failure nor any delay by any party either Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will shall 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 lawApplicable Law, (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless made in writing and signed by the other party; Party, (bii) no waiver that may be given by a party will Party shall be applicable except in the specific instance for which it is given; , and (ciii) no notice to or demand on one party will Party shall be deemed to be a waiver of any obligation of that party Party or of the right of the 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 and Asset Purchase Agreement (West Pharmaceutical Services Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement Parties hereunder are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will shall 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 lawApplicable Law, (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless made in writing and signed by the each other party; Party, (bii) no waiver that may be given by a party will Party shall be applicable except in the specific instance for which it is given; , and (ciii) no notice to or demand on one party will Party shall be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Asset Purchase Agreement (Magnetek, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of 84 that party or of the right of the 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: Asset Purchase Agreement (Rollins Inc)

Waiver; Remedies Cumulative. The Subject to Section 6.8, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLegal Requirement, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement (HOOKER FURNISHINGS Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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.. Section 6.3

Appears in 1 contract

Samples: Stock Exchange Agreement (Material Technologies Inc /Ca/)

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties under this Agreement or any of the documents referred to in this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party Party in exercising any right, power or privilege under this Agreement hereunder or any of the documents referred to in this Agreement will thereunder shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will shall 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 lawApplicable Law, (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the each other partyParty; (bii) no waiver that may be given by a party will Party shall be applicable except in the specific instance for which it is given; and (ciii) no notice to or demand on one party will Party shall be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Asset Purchase Agreement (Matrixx Initiatives Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable unless in writing and except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Securities Purchase Agreement (Sun Hydraulics Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to Parties provided for in this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, 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, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyParty; (b) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Asset Purchase and Contribution Agreement (Fox Factory Holding Corp)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLegal Requirements, (ai) no claim or right arising out of this Agreement or any of 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; , (bii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; given and (ciii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Agreement (HowStuffWorks, Inc.)

Waiver; Remedies Cumulative. The Subject to Sections 12.4(c) and 10.3(b), the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Asset Purchase Agreement

Waiver; Remedies Cumulative. The rights and remedies of the parties Parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLegal Requirements, (ai) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyParty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; Party, (bii) no waiver that may be given by a party Party will be applicable except in the specific instance for which it is given; , and (ciii) no notice to or demand on one party Party will be deemed to be a waiver of any obligation of that party Party or of the right of the 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: Share Purchase Agreement (Network Cn Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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 lawLegal Requirements, (ai) no claim or right arising out of this Agreement or any of 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; , (bii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; given and (ciii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving 118 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: And (Howstuffworks Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party hereto 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, Legal Requirements: (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one partyparty hereto, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other partyparties hereto; (b) no waiver that may be given by a party hereto will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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: Purchase Agreement (Harvard Bioscience Inc)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any 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, (a) no claim or right arising out of this Agreement or any of 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 party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the 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.. 12.7

Appears in 1 contract

Samples: Asset Purchase Agreement (LSB Industries Inc)

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