Common use of Waivers and Amendments; Non-Contractual Remedies Clause in Contracts

Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Filler Supply Agreement (Level Brands, Inc.), Service Services Agreement (Playboy Enterprises Inc), Fulfillment and Customer Service Services Agreement (Playboy Enterprises Inc)

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Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof and conditions hereby may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No Except as otherwise provided herein, no delay on the part of either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either party of any such right, power or privilegehereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder. Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (American Pad & Paper Co), Asset Purchase Agreement (American Pad & Paper Co)

Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto Buyer and the Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Image Entertainment Inc), Asset Purchase Agreement (Playtex Products Inc)

Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of either any party of any such right, power or privilege, privilege nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Confidentiality and Non Competition Agreement (Analex Corp), Confidentiality and Non Competition Agreement (Stout Jon M)

Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties hereto or, Parties. The provisions hereof may be waived only in writing signed by all of the case of a waiver, by the party waiving complianceParties. No delay on the part of either party any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either party any Party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (K2 Therapeutics, Inc.), Asset Purchase Agreement (Coronado Biosciences Inc)

Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto Seller and Purchaser or, in the case of a waiver, only by a written instrument signed by the party waiving compliance. No delay on the part of either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Verso Technologies Inc)

Waivers and Amendments; Non-Contractual Remedies. Preservation of Remedies. This Agreement may be amended, superseded, canceledcancelled, ------------------------ renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by Purchaser, Seller and the parties hereto or, Escrow Agent. The provisions hereof may be waived only in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Escrow Agreement (Charys Holding Co Inc)

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Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties hereto or, Parties. The provisions hereof may be waived only in writing signed by all of the case of a waiver, by the party waiving complianceParties. No delay on the part of either party any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either party any Party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege.. LEGAL_US_W # 115308022.7 Final Form

Appears in 1 contract

Samples: Asset Purchase Agreement (Organovo Holdings, Inc.)

Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed modified or extendedsupplemented, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of either any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Registration Rights Agreement (Scottish Annuity & Life Holdings LTD)

Waivers and Amendments; Non-Contractual Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto each Seller, each Purchaser and DTI or, in the case of a waiver, only by a written instrument signed by the party waiving compliance. No delay on the part of either any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of either any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dt Industries Inc)

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