Common use of Waiver; Remedies Cumulative Clause in Contracts

Waiver; Remedies Cumulative. Neither the failure nor any delay by any Party in exercising any right under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, and no single or partial exercise of any such right will preclude any other or further exercise of such right or the exercise of any other right. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other 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 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. The rights and remedies of the Parties to this Agreement are cumulative and not alternative.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Healthstream Inc), Stock Purchase Agreement (Genesco Inc), Stock Purchase Agreement (Healthstream Inc)

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Waiver; Remedies Cumulative. The rights and remedies of the Parties under this Agreement are cumulative and not alternative. A waiver of any provision of this Agreement may only be made in writing by the Party against whom such waiver is to be effective. Neither the any failure nor any delay by any Party in exercising any right right, power or privilege under this Agreement or 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 right, power or privilege will preclude any other or further exercise of such right 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 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 Parties; (b) no waiver wavier 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 such 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 rights and remedies of the Parties to this Agreement are cumulative and not alternative.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Morgans Hotel Group Co.), Escrow Agreement (Campus Crest Communities, Inc.)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Amendment are cumulative and not alternative. Neither the any failure nor any delay by any Party party in exercising any right right, power or privilege under this Agreement Amendment or any of the documents referred to in this Agreement Amendment will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right right, power or privilege will preclude any other or further exercise of such right 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 Amendment or any of the documents referred to in this Agreement Amendment 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 Partiesparty; (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 such Party 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 Amendment or the documents referred to in this Agreement. The rights and remedies of the Parties to this Agreement are cumulative and not alternativeAmendment.

Appears in 1 contract

Samples: Asset Purchase Agreement (Amcon Distributing Co)

Waiver; Remedies Cumulative. The rights and remedies of the parties to ---------------------------- this Agreement are cumulative and not alternative, subject to the provisions of Article 5. Neither the any failure nor any delay by any Party party in exercising any right 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 right, power or privilege will preclude any other or further exercise of such right 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 Partiesparty; (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 such Party 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. The rights and remedies of the Parties to this Agreement are cumulative and not alternative.7.6

Appears in 1 contract

Samples: Asset Purchase Agreement (Gsi Group Inc)

Waiver; Remedies Cumulative. The rights and remedies of the Parties are cumulative and not alternative. Neither the any failure nor any delay by any Party in exercising any right 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 right, power or privilege will preclude any other or further exercise of such right right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, with respect to the Buyer Parties, on the one hand, and Seller, on the other hand: (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 PartiesParty; (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 such 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 rights and remedies of the Parties to this Agreement are cumulative and not alternative.

Appears in 1 contract

Samples: Asset Purchase Agreement (Airnet Systems Inc)

Waiver; Remedies Cumulative. Neither Except as set forth in Section 10.10 of this Agreement, the rights and remedies of the Parties to this Agreement are cumulative and not alternative. Except as otherwise provided herein, neither any failure nor any delay by any Party in exercising any right 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 right, power or privilege will preclude any other or further exercise of such right 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 PartiesParty; (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 such 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 rights and remedies of the Parties to this Agreement are cumulative and not alternative.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pc Tel Inc)

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Waiver; Remedies Cumulative. The rights and remedies of the Parties to this Agreement are cumulative and not alternative. A waiver of any provision of this Agreement may only be made in writing by the Party against whom such waiver is to be effective. Neither the any failure nor any delay by any Party in exercising any right 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 right, power or privilege will preclude any other or further exercise of such right 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 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 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 (cb) no notice to or demand on one Party will be deemed to be a waiver of any obligation of such 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 rights and remedies any of the Parties to this Agreement are cumulative and not alternativeother Transaction Documents.

Appears in 1 contract

Samples: Share Purchase Agreement (Ceragon Networks LTD)

Waiver; Remedies Cumulative. The rights and remedies of the parties to this Agreement are cumulative, not alternative and shall not be exclusive of any other right or remedy, or preclude the assertion of, any other right or remedy otherwise available to any party. Neither the any failure nor any delay by any Party party in exercising any right 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 right, power or privilege will preclude any other or further exercise of such right 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 Partiesparty; (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 such Party 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. The rights and remedies of the Parties to this Agreement are cumulative and not alternative.84

Appears in 1 contract

Samples: Asset Purchase Agreement (Lam Research Corp)

Waiver; Remedies Cumulative. Except as set forth herein, the rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the any failure nor any delay by any Party party in exercising any right 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 right, power or privilege will preclude any other or further exercise of such right 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 Partiesparty entitled to the claim or right; (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 such Party 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. The rights and remedies of the Parties to this Agreement are cumulative and not alternative.

Appears in 1 contract

Samples: Transition Agreement (El Banco Financial Corp)

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