Common use of Waiver; Remedies Cumulative Clause in Contracts

Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or 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 hereto, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of Parent Common Stock issued hereby if subsequent to the Effective Time); (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 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.

Waiver; Remedies Cumulative. No The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure or nor any delay on the part of by any party hereto in exercising any right, power or privilege under this Agreement or any of the exercise of any right hereunder shall impair such right or be construed documents referred to be in this Agreement will operate as a waiver ofof such right, power or acquiescence inprivilege, any breach of any representation, warranty or agreement herein, nor shall any and no single or partial exercise of any such right right, power or privilege will preclude any other or further exercise thereof of such right, power or privilege or the [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. 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 party heretoparty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of Parent Common Stock issued hereby if subsequent to the Effective Time)parties; (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 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. All rights and remedies existing under this Agreement are in addition to, and not exclusive of, any rights or remedies otherwise available.

Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH A *** AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 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 hereto, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of Parent Common Stock issued hereby if subsequent to the Effective Time); (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 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.

Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or 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 hereto, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH A *** AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Parent Common Stock issued hereby if subsequent to the Effective Time); (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 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.

Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. 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 heretoparty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of Parent Common Stock issued hereby if subsequent to the Effective Time)party; (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 such party or of the right of the party giving such notice or demand THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH A *** AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT REQUESTED 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.

Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or 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 hereto, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of Parent Common Stock issued hereby if subsequent to the Effective Time)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 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.

Waiver; Remedies Cumulative. No The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure or nor any delay on the part of by any party hereto in exercising any right, power or privilege under this Agreement or any of the exercise of any right hereunder shall impair such right or be construed documents referred to be in this Agreement will operate as a waiver ofof such right, power or acquiescence inprivilege, any breach of any representation, warranty or agreement herein, nor shall any and no single or partial exercise of any such right right, power or privilege will preclude any other or further exercise thereof 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 heretoparty, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of Parent Common Stock issued hereby if subsequent to the Effective Time)party; (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 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. All rights and remedies existing under this Agreement are in addition to, and not exclusive of, any rights or remedies otherwise availableTHE PORTIONS OF THIS AGREEMENT IDENTIFIED BY THE SYMBOL “[* * *]” HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.

Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or 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 hereto, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party or parties hereto (in the case of the Stockholders, by a number of Stockholders who are entitled to receive or have received, in the aggregate, *** seventy-five percent (75%) of the shares of Parent Common Stock to be issued hereby at the Effective Time if prior to the Effective Time, or a majority of the shares of Parent Common Stock issued hereby if subsequent to the Effective Time); (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 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.