Common use of Delays or Omissions Clause in Contracts

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 232 contracts

Samples: Restricted Stock Unit Agreement (VICI Properties L.P.), Performance Prsu Grant Agreement (Genco Shipping & Trading LTD), Performance Prsu Grant Agreement (Genco Shipping & Trading LTD)

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Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 208 contracts

Samples: Restricted Stock Unit Grant Agreement (Sabre Corp), Performance Stock Unit Agreement (Graftech International LTD), Restricted Stock Unit Agreement (Graftech International LTD)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 61 contracts

Samples: Restricted Stock Performance Unit Award Agreement (Kraton Corp), Restricted Stock Performance Unit Inducement Award Agreement (Kraton Corp), Restricted Stock Performance Unit Award Agreement (Kraton Corp)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 44 contracts

Samples: Performance Based Restricted Stock Unit Grant Agreement (Under Armour, Inc.), Time Based Restricted Stock Unit Grant Agreement (Under Armour, Inc.), Restricted Stock Unit Grant Agreement (Under Armour, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Option Grant Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Option Grant Agreement, or any waiver on the part of any party or any provisions or conditions of this Option Grant Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 27 contracts

Samples: Form of Option Grant Agreement (Under Armour, Inc.), Form of Option Grant Agreement (Under Armour, Inc.), Performance Based Option Grant Agreement (Under Armour, Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under to this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Appears in 27 contracts

Samples: Registration Rights Agreement (Teraforce Technology Corp), Registration Rights Agreement (Industrial Holdings Inc), Recapitalization Agreement (Black Warrior Wireline Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 25 contracts

Samples: Agreement (Light & Wonder, Inc.), Agreement (Light & Wonder, Inc.), Key Employees (Light & Wonder, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any the other party under to this Agreement, Agreement shall impair any such right, power or remedy of such party, holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder shall be cumulative and not alternative.

Appears in 23 contracts

Samples: Lockup Agreement (Blow & Drive Interlock Corp), Metering Agreement (Cannapharmarx, Inc.), Lock Up Agreement (Vitamin Blue, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto either Party, upon any breach or default of any party the other Party under this Agreement, shall impair any such right, power power, or remedy of such partyremedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party either Party of any breach or default by the other Party under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to either Party, shall be cumulative and not alternative.

Appears in 22 contracts

Samples: Note Purchase Agreement (NuLife Sciences, Inc.), Note Purchase Agreement (NuLife Sciences, Inc.), Note Purchase Agreement (NuLife Sciences, Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 21 contracts

Samples: Investors’ Rights Agreement (Intuity Medical, Inc.), Investors’ Rights Agreement (Intuity Medical, Inc.), Share Exchange Agreement (Republic Power Group LTD)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any party under this Agreementthe other party, shall impair any such right, power or remedy of such party, non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 18 contracts

Samples: Investors’ Rights Agreement (Montrose Environmental Group, Inc.), Investors’ Rights Agreement, ’ Rights Agreement

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of of, or acquiescence in, any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 18 contracts

Samples: Stock Option Grant Agreement (Neiman Marcus, Inc.), Stock Option Grant Agreement (Neiman Marcus, Inc.), Stock Option Grant Agreement (Neiman Marcus, Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under to this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreementagreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Appears in 15 contracts

Samples: Registration Rights Agreement (Neon Systems Inc), Registration Rights Agreement (Imco Recycling Inc), Registration Rights Agreement (Intelect Communications Systems LTD)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Award Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Award Agreement, or any waiver on the part of any party or any provisions or conditions of this Award Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 13 contracts

Samples: Award Agreement (Genco Shipping & Trading LTD), Award Agreement (Genco Shipping & Trading LTD), Award Agreement (Genco Shipping & Trading LTD)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such party, nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.

Appears in 13 contracts

Samples: Officer Restricted Stock Unit Agreement (Vishay Intertechnology Inc), Restricted Stock Unit Agreement (Vishay Intertechnology Inc), Officer Phantom Stock Unit Agreement (Vishay Intertechnology Inc)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 13 contracts

Samples: Employee Cash Performance Unit Award Agreement (Gannett Co., Inc.), Award Agreement (Gannett Co., Inc.), Employee Restricted Stock Grant Agreement (Gannett Co., Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party the Company under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 13 contracts

Samples: Nominating Agreement (Definitive Healthcare Corp.), Nominating Agreement (Definitive Healthcare Corp.), Nominating Agreement (Definitive Healthcare Corp.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party under this Grant Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Grant Agreement, or any waiver on the part of any party or any provisions or conditions of this Grant Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 12 contracts

Samples: Grant Agreement (Loral Space & Communications Inc.), Grant Agreement, Grant Agreement (Loral Space & Communications Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such partyParty, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, Agreement or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any Party, shall be cumulative and not alternative.

Appears in 10 contracts

Samples: Share Purchase Agreement (Xpeng Inc.), Xpeng Inc., Share Subscription Agreement

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under to this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of or any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Appears in 10 contracts

Samples: Series H Registration Rights Agreement (Bionumerik Pharmaceuticals Inc), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any the other party under this Agreement, Agreement shall impair any such right, power or remedy of such first party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party or holder of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement.

Appears in 7 contracts

Samples: Membership Interest Purchase Agreement (West Coast Realty Trust, Inc.), Membership Interest Purchase Agreement (West Coast Realty Trust, Inc.), Operating Agreement (Enable Ipc Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.

Appears in 7 contracts

Samples: Voting Agreement (A.C.T. Holdings, Inc.), Voting Agreement (Orion Acquisition Corp Ii), Voting Agreement (Orion Acquisition Corp Ii)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such partyremedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing, and all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.

Appears in 7 contracts

Samples: Settlement Agreement (Raging Capital Management, LLC), Settlement Agreement (Castle a M & Co), Settlement Agreement (Wb & Co)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any a party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any either party of any breach or default under this Agreement, or any waiver on the part of any either party or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to a party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Wholesale Internet Agreement, Private Label Internet Agreement, Private Label Internet Agreement

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party a Party under this Agreement, Agreement shall impair any such right, power or remedy of such party, Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party either Party of any breach or default under this Agreement, or any waiver on the part of any party or either Party of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to a Party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Joint Marketing and Services Agreement (Psinet Inc), Joint Marketing and Services Agreement (Psinet Inc), Joint Marketing and Services Agreement (Ixc Communications Inc)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 6 contracts

Samples: Sale Agreement (Entellus Medical Inc), Debt Conversion Agreement (Granite City Food & Brewery LTD), Registration Rights Agreement (DHW Leasing, L.L.C.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such party, nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.

Appears in 6 contracts

Samples: Inducement Award Agreement (Recro Pharma, Inc.), Award Agreement (Recro Pharma, Inc.), Award Agreement (Recro Pharma, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any either party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any either party of any breach or default under this Agreement, or any waiver on the part of any either party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 6 contracts

Samples: Restricted Stock Grant Agreement (Lp Innovations Inc), Restricted Stock Grant Agreement (Lp Innovations Inc), Restricted Stock Grant Agreement (Lp Innovations Inc)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any another party under this Agreement, Voting Agreement shall impair any such right, power power, or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party of any breach or default under this Voting Agreement, or any waiver on the part of any party or of any provisions or conditions of this Voting Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Voting Agreement. All remedies, either under this Voting Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Voting Agreement (My Size, Inc.), Voting Agreement (Pell Lewis C), Voting Agreement (Cogentix Medical Inc /De/)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such party, nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on by the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.

Appears in 6 contracts

Samples: Equity Incentive Plan (Five Below, Inc), Equity Incentive Plan (Five Below, Inc), Award Agreement (Bojangles', Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall Agreement will impair any such right, power or remedy of such party, party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or of default thereafter occurring, ; nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.

Appears in 6 contracts

Samples: Registration Rights Agreement (West Texas Resources, Inc.), Registration Rights Agreement (Petro Resources Corp), Registration Rights Agreement (Petro Resources Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall FORM OF VOTING AGREEMENT be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Voting Agreement, Agreement and Plan of Merger (Orion Acquisition Corp Ii), Agreement and Plan of Merger (Selena Pharmeceuticals Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such party, nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of by any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.

Appears in 5 contracts

Samples: Restricted Stock Award Agreement (LogicMark, Inc.), Inducement Award Agreement (Summit Wireless Technologies, Inc.), Executive Employment Agreement (Cleveland Biolabs Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.. ​

Appears in 5 contracts

Samples: Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under to this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Registration Rights Agreement (Manuel E Patrick), Stock Restriction Agreement (Team Inc), Registration Rights Agreement (Woodson Louis)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party under this Agreement, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non-defaulting Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provision or any provisions or conditions condition of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 5 contracts

Samples: Adoption Agreement (Aptera Motors Corp), Voting and First Refusal Agreement (BOSTON OMAHA Corp), Adoption Agreement (WayBetter, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 5 contracts

Samples: Agreement (FCB Financial Holdings, Inc.), Incentive Stock Option Grant Agreement (FCB Financial Holdings, Inc.), Incentive Stock Option Grant Agreement (Bond Street Holdings Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such partyremedy, nor shall it be construed to be a waiver of or acquiescence in any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any . A waiver of any single breach or default shall not be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Registration Rights Agreement (AgeX Therapeutics, Inc.), Registration Rights Agreement (AgeX Therapeutics, Inc.), Registration Rights Agreement (AgeX Therapeutics, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 5 contracts

Samples: Adoption Agreement, Stock Purchase Agreement (Fuse Medical, Inc.), Adoption Agreement (Fuse Medical, Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 5 contracts

Samples: Investors Rights Agreement (BeneChill, Inc.), Registration Rights Agreement (Entellus Medical Inc), Investors Rights Agreement (Entellus Medical Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any modification, waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provision or any provisions or conditions condition of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 4 contracts

Samples: Agreement (Apollo Strategic Growth Capital), 2020 Agreement (Apollo Strategic Growth Capital), 2020 Agreement (Apollo Strategic Growth Capital)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto or any subsequent holder of any Securities upon any breach breach, default or default noncompliance of any other party under this Agreement, Agreement or under the Certificate of Incorporation or Bylaws of the Company shall impair any such right, power power, or remedy of such partyremedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the any party's part of or to any party of any breach breach, default or default noncompliance under this Agreement, Agreement or under the Certificate of Incorporation or Bylaws of the Company or any waiver on the any party's part of any party or any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing; and all remedies, either under this Agreement, the Certificate of Incorporation or Bylaws, any law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Convertible Note Purchase Agreement (Vsource Inc), Purchase Agreement (Vsource Inc), Note and Warrant (Vsource Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any another party under this Agreement, Agreement shall impair any such right, power or remedy of such party, first party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Shareholders Agreement (Tencent Music Entertainment Group), Shareholders Agreement (Tencent Music Entertainment Group), Investor Agreement (Spotify Technology S.A.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 4 contracts

Samples: Performance Prsu Grant Agreement (Genco Shipping & Trading LTD), Performance Prsu Grant Agreement (Genco Shipping & Trading LTD), Performance Prsu Grant Agreement (Genco Shipping & Trading LTD)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto Party upon any breach or default of any party the other Party under this Agreement, Agreement or other agreement under the Transaction shall impair any such right, power power, or remedy of such partyfirst Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party or holder of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement.

Appears in 4 contracts

Samples: Stock Purchase and Sale Agreement (Transportation & Logistics Systems, Inc.), Stock Purchase and Sale Agreement (Transportation & Logistics Systems, Inc.), Stock Purchase and Sale Agreement (Transportation & Logistics Systems, Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto Party to this Agreement upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, non-defaulting Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 4 contracts

Samples: Agreement (Gesafi Real-Estate S.A.), Agreement (Gesafi Real-Estate S.A.), Agreement (Optibase LTD)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non-defaulting Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Shareholders Agreement (OneSmart International Education Group LTD), Shareholders Agreement (OneSmart International Education Group LTD), Shareholders Agreement

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any another party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party or holder of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party shall be cumulative and not alternative.

Appears in 3 contracts

Samples: And Warrant Purchase Agreement, And Warrant Purchase Agreement (Visterra, Inc.), And Warrant Purchase Agreement (Visterra, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Restricted Stock Unit Grant Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Restricted Stock Unit Grant Agreement, or any waiver on the part of any party or any provisions or conditions of this Restricted Stock Unit Grant Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Restricted Stock Unit Grant Agreement (LVB Acquisition, Inc.), Restricted Stock Unit Grant Agreement (LVB Acquisition, Inc.), Restricted Stock Unit Grant Agreement (Biomet Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party the Company under this Agreement, shall impair any such right, power or remedy of such party, holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Stockholders' Agreement (LNT Leasing II, LLC), Stockholders’ Agreement (General Nutrition International Inc), Stockholders' Agreement (GNC Corp)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party Party under this Agreement, Agreement shall impair any such right, power or remedy of such party, Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or of default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this the Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Adoption Agreement (Entellus Medical Inc), Voting Agreement (Reuter Manufacturing Inc), Voting Agreement (Reissner J L)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, SPA shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this AgreementSPA, or any waiver on the part of any party or of any provisions or conditions of this AgreementSPA, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Share Purchase Agreement (Code Chain New Continent LTD), Share Purchase Agreement (TMSR HOLDING Co LTD), Share Purchase Agreement (TMSR HOLDING Co LTD)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party or hereto of any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party hereto, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Share Purchase Agreement (Lufax Holding LTD), Share Purchase Agreement, Share Purchase Agreement (NaaS Technology Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Ordinary Shares Purchase Agreement (monday.com Ltd.), Investors' Rights Agreement (monday.com Ltd.), Ordinary Shares Purchase Agreement (monday.com Ltd.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power power, or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Share Exchange Agreement (Crucial Innovations, Corp.), Share Exchange Agreement (American Education Center, Inc.), Share Transfer Agreement (American Education Center, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any the other party under this Agreement, shall impair any such right, power or remedy of such the first party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consents or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies either under this Agreement, or by law or otherwise afforded to any party. shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Debt Purchase and Assignment Agreement, Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.), Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under to this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Bionumerik Pharmaceuticals Inc), Stock Purchase Agreement (Bionumerik Pharmaceuticals Inc), Stock Purchase Agreement (Bionumerik Pharmaceuticals Inc)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any a similar breach or of default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Registration Rights Agreement (First California Financial Group, Inc.), Registration Rights Agreement (National Mercantile Bancorp), National Mercantile Bancorp

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Warrant, upon any breach or default of any other party under this AgreementWarrant, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this AgreementWarrant, or any waiver on the part of any party or of any provisions or conditions of this AgreementWarrant, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Investment Agreement (Puxin LTD), Investment Agreement (Puxin LTD), Investment Agreement (Puxin LTD)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Stock Option Grant Agreement (Semler Scientific, Inc.), Stock Option Grant Agreement (J Crew Operating Corp), Stock Option Grant Agreement (J Crew Operating Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party hereto, upon any breach or default of any party other Party hereto under this Agreement, shall impair any such right, power or remedy of such partyParty, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party or Party hereto of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any Party hereto, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Shareholders Agreement (Xpeng Inc.), Share Subscription Agreement (Sunlands Online Education Group), Share Subscription Agreement (Sunlands Online Education Group)

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Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 3 contracts

Samples: Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD)

Delays or Omissions. No delay or omission to exercise in exercising any right, power power, or remedy accruing to of any party hereto to this Agreement, upon any breach or default of any other party under to this Agreement, shall impair any such right, power or remedy of such partyremedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring. To be effective, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in writing. Unless otherwise specified in this Agreement, all remedies of a writing signed by such party and for a breach of this Agreement shall be effective only to the extent specifically set forth in such writingcumulative.

Appears in 3 contracts

Samples: Share Exchange Agreement (Datameg Corp), Agreement and Plan of Share Exchange (Viola Group Inc), Agreement and Plan of Share Exchange (Viola Group Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Stockholders’ Agreement, upon any breach or default of any other party under this Stockholders’ Agreement, shall impair any such right, power or remedy of such party, non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Stockholders’ Agreement, or any waiver on the part of any party or of any provisions or conditions of this Stockholders’ Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Stockholders’ Agreement (Gsi Commerce Inc), Stockholders’ Agreement (Gsi Commerce Inc)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or default thereafter occurring, nor ; n9r shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Participation Agreement (Mondial Ventures, Inc.), Participation Agreement (Mondial Ventures, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Grant Agreement (Loral Space & Communications Inc.), Grant Agreement (Loral Space & Communications Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any another party under this Agreement, Agreement shall impair any such right, power or remedy of such party, first party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by Law or otherwise afforded to any party shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement, Registration Rights Agreement (Tencent Music Entertainment Group)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any another party under this Agreement, shall impair any such right, power or remedy of such non breaching party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies either under this Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stock Purchase Agreement (US Oncology Holdings, Inc.), Share Purchase Agreement (Xinhua Finance Media LTD)

Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any party hereto under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing and signed by such the party against whom it is to be enforced against and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Stockholders’ Agreement (PCF 1, LLC), Agreement and Plan of Merger (Neulion, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must shall be in a writing (and signed by such the party to be charged) and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Option Grant Agreement (Apollo Strategic Growth Capital), Option Grant Agreement (Apollo Strategic Growth Capital)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party under this Agreement, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non- defaulting Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provision or any provisions or conditions condition of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Voting Agreement (Aptera Motors Corp), Voting Agreement (Aptera Motors Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party or hereto of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Preferred Share Subscription Agreement (MOGU Inc.), Preferred Share Subscription Agreement (Meili Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to on the part of any party hereto Party upon any breach or default of any party under to this Agreement, Joint Venture Agreement shall impair any such right, power or remedy of such partyremedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the any Party’s part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Joint Venture Agreement must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writingwriting and that all remedies under this Joint Venture Agreement, or by law otherwise afforded to any Party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Joint Venture Agreement (PCT LLC), Joint Venture Agreement (PCT LLC)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provision or any provisions or conditions condition of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (ContextLogic Inc.), Voting Agreement (Crush Capital Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in with respect to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Restricted Stock Grant Agreement (Nastech Pharmaceutical Co Inc), Restricted Stock Grant Agreement (Nastech Pharmaceutical Co Inc)

Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party hereto under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring, ; nor shall any waiver of any single breach or default it be deemed construed to be a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party or hereto of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Registration Rights Agreement (YX Asset Recovery LTD), Registration Rights Agreement (YX Asset Recovery LTD)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall Agreement will impair any such right, power or remedy of such party, party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or default thereafter occurring, ; nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Registration Rights Agreement (Adaytum Software Inc), Registration Rights Agreement (Adaytum Software Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any another party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.), Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party under this Agreementhereto, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any holder of any breach or default under this Agreement, or any waiver on the part of any party or holder of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Share Purchase Agreement (Infocast Corp /Nv), Share Purchase Agreement (Infocast Corp /Nv)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto a Party upon any breach or default of any party under this Agreement, the other Party shall impair any such right, power power, or remedy of such partynon-breaching or non-defaulting Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, default or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party a Party of any breach or default under this Agreement, or any waiver on the part of any party or a Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any Party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Thorne Healthtech, Inc.), Stock Purchase Agreement (Thorne Healthtech, Inc.)

Delays or Omissions. No Unless specifically limited by the particular provision giving rise thereto, no delay or omission to exercise in exercising any right, power or remedy obligation accruing to any either party hereto upon any breach or default of any party under this Agreement, hereunder shall impair any such right, power or remedy of such party, obligation; nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurringthereto. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreementhereunder, or any waiver on the part of any either party or of any provisions or conditions of this Agreementhereof, must be in a writing signed writing. All remedies, either hereunder or by such party and applicable law or otherwise afforded to either party, shall be effective only to the extent specifically set forth in such writingcumulative and not alternative.

Appears in 2 contracts

Samples: Distribution Agreement (Pokertek Inc), Software Licensing Agreement (Pokertek Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party hereto, upon any breach Breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, Party nor shall it be construed to be a waiver of any such breach Breach or default, or an acquiescence therein, or of or in any similar breach Breach or default thereafter occurring, ; nor shall any waiver of any single breach Breach or default be deemed a waiver of any other breach Breach or default theretofore or thereafter occurring. Any waiver, permitPermit, consent Consent or approval of any kind or character on the part of any party Party hereto of any breach Breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (RadNet, Inc.), Membership Interests Purchase Agreement (RadNet, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this ​ ​ Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of of, or acquiescence in, any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. 11.

Appears in 2 contracts

Samples: Employment Agreement (Neiman Marcus, Inc.), Employment Agreement (Neiman Marcus, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto either party, upon any breach or default of any the other party under this Agreement, shall impair any such right, power power, or remedy of such partyremedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, therein or of or in any similar breach or of default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party the parties and shall be effective only to the extent specifically set forth in such writing. All remedies either under this Agreement or by law or otherwise afforded to either party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Consumer Direct of America), Common Stock Purchase Agreement (Bluestar Leasing Inc)

Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any party under this Agreementthe other party, shall impair any such right, power or remedy of such party, non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Investor Rights Agreement (Usweb Corp), Rights Agreement (Usweb Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any such other party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any either party of any breach or default under this Agreement, or any waiver on the part of any either party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law or otherwise afforded to either party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Contribution Agreement (NexCore Companies LLC), Contribution Agreement (Resourcephoenix Com Inc)

Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party hereto hereunder, upon any breach or default of any another party under this Agreement, hereunder shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, Agreement or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Registration Rights Agreement (Cb Commercial Real Estate Services Group Inc), Registration Rights Agreement (Cb Commercial Holdings Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, Agreement or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Virtual Telecom Inc), Investors' Rights Agreement (Virtual Telecom Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party hereto upon any breach or default of any party other Party hereto under this Agreement, Agreement shall impair any such right, power or remedy of such partyParty, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party or Party hereto of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any Party hereto, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Share Purchase Agreement (TH International LTD), Share Purchase Agreement (TH International LTD)

Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Award Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Award Agreement, or any waiver on the part of any party or of any provisions or conditions of this Award Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Restricted Stock Grant Agreement (OneMain Holdings, Inc.), Restricted Stock Grant Agreement (Springleaf Finance Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Deferred Share Unit Agreement (Graftech International LTD), Separation Agreement (Sabre Corp)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under the Plan or this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Participation Agreement (Delphi Automotive PLC), Participation Agreement (Delphi Automotive PLC)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party Party hereto upon any breach or default of any party under this Agreement, another Party shall impair any such right, power or remedy of such partynon-defaulting Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Asset Transfer Agreement (Otonomy, Inc.), Asset Transfer Agreement (Otonomy, Inc.)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Voting Agreement (R.V.B. Holdings LTD), Voting Agreement (Greenstone Industries Ltd.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Uproar Inc), Agreement and Plan of Merger (Uproar Inc)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any the other party under this Agreement, shall impair any such right, power or remedy of such the first party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consents or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies either under this Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.), Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar L-26 breach or default thereafter occurring, occurring nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Brenneman Gregory D), Agreement and Plan of Merger (Hawaiian Airlines Inc/Hi)

Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or of default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or of default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Registration Rights Agreement (Southwest Casino Corp), Registration Rights Agreement (Southwest Casino Corp)

Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party hereto party, upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stock Purchase and Shareholders Agreement (DMX Inc), Subscription and Shareholders Agreement (DMX Inc)

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