Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 34 contracts
Samples: Trust Unit Purchase Agreement (Enterra Energy Trust), Private Equity Line Agreement (Fonix Corp), Common Stock Purchase Agreement (Tegal Corp /De/)
Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement, the Warrant and the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 18 contracts
Samples: Common Stock Purchase Agreement (Genvec Inc), Common Stock Purchase Agreement (Tercica Inc), Common Stock Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)
Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement, the Warrant and the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 9 contracts
Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/), Common Stock Purchase Agreement (Corcept Therapeutics Inc), Common Stock Purchase Agreement (EPIX Pharmaceuticals, Inc.)
Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Practice Works Inc), Stock Purchase Agreement (Fibercore Inc), Stock Purchase Agreement (Practice Works Inc)
Amendment; No Waiver. No party Party shall be liable or bound to any other party Party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party Party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties a Party from thereafter demanding full and complete compliance nor prevent the parties a Party from exercising such a right or remedy in the future.
Appears in 2 contracts
Samples: Loan Agreement (Green Mountain Capital Inc.), Exchange Agreement (Green Mountain Capital Inc.)
Amendment; No Waiver. No party hereto shall be liable or bound to any other party hereto in any manner by any warranties, representations representations, agreements or covenants except as specifically set forth in this Agreement or thereinand the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party hereto to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties hereto from thereafter demanding full and complete compliance nor prevent the parties hereto from exercising such a right or remedy in the future.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Top Ships Inc.), Common Stock Purchase Agreement (Sovereign Holdings Inc.)
Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinand the Warrant. Except as expressly provided in this AgreementAgreement and the Warrant, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)
Amendment; No Waiver. No party shall be liable or bound -------------------- to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 1 contract
Samples: Stock Purchase Agreement (Cbcom Inc)
Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, Agreement or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 1 contract
Amendment; No Waiver. No party Neither Buyer nor Seller shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Stancorp Financial Group Inc)
Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop stop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 1 contract
Amendment; No Waiver. No party Party shall be liable or bound to any other party Party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties all Parties hereto. The failure of the either party any Party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties a Party from thereafter demanding full and complete compliance nor prevent the parties a Party from exercising such a right or remedy in the future.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Green Mountain Capital Inc.)
Amendment; No Waiver. No party shall be liable or bound to -------------------- any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dauphin Technology Inc)
Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinand the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Neurocrine Biosciences Inc)
Amendment; No Waiver. No party hereto shall be liable or bound to any other party hereto in any manner by any warranties, representations representations, agreements or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party hereto to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties hereto from thereafter demanding full and complete compliance nor prevent the parties hereto from exercising such a right or remedy in the future.
Appears in 1 contract
