Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 18 contracts
Samples: Registration Rights Agreement (Bluephoenix Solutions LTD), Rights Agreement (Advanced Analogic Technologies Inc), Registration Rights Agreement (dELiAs, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 13 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (ChinaEdu CORP), Registration Rights Agreement (FNDS3000 Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party to under this Agreement, upon any breach or default of the other partyTransaction Documents, shall impair any such right, power or remedy of such non-breaching party remedy, 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 waiver or approval of any kind or character on the any Purchaser’s part of any party of any breach breach, default or default noncompliance under this Agreement, the other Transaction Documents or any waiver on the such party’s part of any party of any provisions or conditions of this the Agreement, the other Transaction Documents, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law the other Transaction Documents, or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 12 contracts
Samples: Unit Purchase Agreement (Hoth Therapeutics, Inc.), Securities Purchase Agreement (Black Cactus Global, Inc.), Unit Purchase Agreement (Marathon Patent Group, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, Investor upon any breach or default of the other party, Company under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 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 provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Form of Registration Rights Agreement (Firstsun Capital Bancorp), Investor Rights Agreement (Veritone, Inc.), Investor Rights Agreement (Coherus BioSciences, Inc.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 Holderholder, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Rights Agreement (Netcentives Inc), Registration Rights Agreement (Giga Information Group Inc), Investor Rights Agreement (Oratec Interventions Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementSeller Party or Investor, upon any breach or default of the other partyany party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching party Seller Party or Investor, 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 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 Seller Party or Investor of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or Investor of any provisions or conditions of this Agreement, must be made in writing 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, the Seller Parties and the Investors shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Preferred Shares Purchase Agreement, Series B Preferred Shares Purchase Agreement (Niu Technologies), Preferred Shares Purchase Agreement (Niu Technologies)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party, 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 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 hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Investor Rights Agreement (Silvergate Capital Corp), Rights Agreement (Silvergate Capital Corp), Investor Rights Agreement (Silvergate Capital Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party, party under this Agreement shall impair any such right, power or remedy of such non-breaching party 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Investors’ Rights Agreement (Edgewise Therapeutics, Inc.), Investors’ Rights Agreement (Silverback Therapeutics, Inc.), Investors’ Rights 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 to this Agreementparty, upon any breach or default of the other partyanother 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Voting Agreement, Voting Agreement (Whiteglove House Call Health Inc), Adoption Agreement (Whiteglove House Call Health Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party to under this Agreement, upon any breach or default of the other partyCharter, shall impair any such right, power or remedy of such non-breaching party remedy, 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on the Purchaser’s part of any party of any breach breach, default or default noncompliance under this Agreement, or under the Charter or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, the Agreement or the Charter must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or the Charter, by law law, or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Helix TCS, Inc.), Preferred Stock Purchase Agreement (Helix TCS, Inc.), Preferred Stock Purchase Agreement (Helix TCS, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 Holderthe Holders, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Lighting Science Group Corp), Registration Rights Agreement (RW LSG Holdings LLC), Registration Rights Agreement (Lighting Science Group Corp)
Delays or Omissions. No delay or omission to exercise any rightrights, power or remedy accruing to any party to this Agreement, upon any the breach or default of the other party, party shall impair any such rightrights, 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 the party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderthe parties, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Crescent Point Energy Corp.), Registration Rights Agreement (Canadian Natural Resources LTD), Registration Rights Agreement (Royal Dutch Shell PLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, party to this Agreement shall impair any such right, power or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holder, holder shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Contribution Agreement (Nutex Health, Inc.), Contribution Agreement (Nutex Health, Inc.), Contribution Agreement (Nutex Health, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty 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 hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternativealternative except as expressly provided herein.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Travel Services International Inc), Stock Purchase Agreement (Persico Anthony J), Stock Purchase Agreement (Persico Anthony J)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty 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 party of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Stock Purchase Agreement by And (Egpi Firecreek, Inc.), Stock Purchase Agreement by And (Egpi Firecreek, Inc.), Stock Purchase Agreement by And (Egpi Firecreek, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, the Investor hereto upon any breach or default of the other partyCompany under this Agreement, shall impair any such right, power or remedy of such non-breaching party the Investor 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 the Investor of any breach or default of the Company under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, in each case, must be made in writing 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 Holderparty, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Nominating Agreement (Sagimet Biosciences Inc.), Nominating Agreement (TScan Therapeutics, Inc.), Nominating Agreement (Sagimet Biosciences Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, the Parties upon any breach or default of by the other partyanother Party under this Agreement, shall impair any such right, power or remedy of such the non-breaching party Parties, 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 Party of any breach or default under this Agreement, Agreement or any waiver on the part of any party another Party of any provisions or conditions of this Agreement, must be made in writing 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 Holdera Party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Acquisition Agreement (Rstar Corp), Option Exercise Stock Purchase Agreement (Amdl Inc), Acquisition Agreement (Gilat Satellite Networks LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the any other partyparty under this Agreement, shall impair any such right, power power, or remedy of such non-breaching party remedy; nor shall it be construed to be a waiver of of, or an 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 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 character, on the part of any party party, of any breach or default under this the Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this the Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Agreement or by law or and otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Subscription Agent Agreement (Interleukin Genetics Inc), Subscription Agent Agreement (Empire Energy Corp), Rights Agent Agreement (Bos Better Online Solutions LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementParty, upon any breach or default of the any other partyParty, shall impair any such right, power or remedy of such non-breaching party 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 Party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any HolderParty, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Development and Acquisition Agreement, Common Stock Purchase Agreement, Development and Acquisition Agreement
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 6 contracts
Samples: Registration Rights Agreement (Active Software Inc), Registration Rights Agreement (Healthcentral Com), Registration Rights Agreement (Active Software Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the any other partyparty under this Agreement, shall impair any such right, power power, or remedy of such non-breaching party remedy; nor shall it be construed to be a waiver of of, or an 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 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 character, on the part of any party party, of any breach or default under this Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or and otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Subscription Agent Agreement (Illinois Superconductor Corporation), Subscription Agent Agreement (Tipperary Corp), Subscription Agent Agreement (Transmedia Network Inc /De/)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach or default of the any other partyparty 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 thereunder 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 of any provisions or conditions of this Agreement, must be made in writing 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 Holderholder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investors’ Rights Agreement (Fox Hollow Technologies Inc), Rights Agreement (Coinstar Inc), Rights Agreement (Coinstar Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, Investor upon any breach or default of the other party, Company under this Agreement shall impair any such right, power or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Inspire Medical Systems, Inc.), Investor Rights Agreement (Inspire Medical Systems, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, hereto upon any breach or default of the other party, another party under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 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 provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Voting and Irrevocable Proxy Agreement (Marquee Holdings Inc.), Voting and Irrevocable Proxy Agreement (Marquee Holdings Inc.), Voting and Irrevocable Proxy Agreement (Marquee Holdings Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementParty, upon any breach or default of the other partyParty, shall impair any such right, power or remedy of such non-breaching party 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 Party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any HolderParty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Senior Perpetual Preferred Stock Subscription Agreement (IMH Financial Corp), Convertible Preferred Stock Subscription Agreement (IMH Financial Corp), Preferred Stock Subscription Agreement (IMH Financial Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any the breach or default of the other party, shall party will impair any such right, power or remedy of such non-breaching 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 the party of any provisions or conditions of this Agreement, must be made in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderthe parties, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Forbes Energy Services Ltd.), Registration Rights Agreement (Forbes Energy Services Ltd.), Registration Rights Agreement (Forbes Energy Services Ltd.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, Party upon any breach or default of the other party, another Party under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 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 provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law Law or otherwise afforded to any HolderParty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Merrick Venture Management, LLC), Securities Purchase Agreement (Tribune Publishing Co), Securities Purchase Agreement (McCormick Media LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party, party under this Agreement shall impair any such right, power or remedy of such non-breaching party 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 of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Liqtech International Inc), Convertible Note Subscription Agreement (PaxMedica, Inc.), Note and Warrant Purchase Agreement (Identiv, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, the Investors hereto upon any breach or default of the other partyCompany under this Agreement, shall impair any such right, power or remedy of such non-breaching party any Investor 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 Investor of any breach or default of the Company under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, in each case, must be made in writing 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 Holderparty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Nominating Agreement (IGM Biosciences, Inc.), Nominating Agreement (IGM Biosciences, Inc.), Nominating Agreement (IGM Biosciences, Inc.)
Delays or Omissions. No delay or omission to exercise any rightrights, power or remedy accruing to any party to this Agreement, upon any the breach or default of the other party, party shall impair any such rightrights, 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 the party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderthe parties, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Canadian Registration Rights Agreement (Sr Telecom Inc), Registration Rights Agreement (Sr Telecom Inc), Registration Rights Agreement (Sr Telecom Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party, party under this Agreement shall impair any such right, power or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investor Rights Agreement (Tetralogic Pharmaceuticals Corp), Investor Rights Agreement (Tetralogic Pharmaceuticals Corp), Investor Rights Agreement (Tetralogic Pharmaceuticals Corp)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the other partyany party hereto 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 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 hereto of any provisions or conditions of this Agreement, must be made in writing 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, the parties hereto shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Confidential Treatment (Aptorum Group LTD), Share Subscription Agreement (China Time Share Media Co. LTD), Share Subscription Agreement (JA Solar Holdings Co., Ltd.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereto upon any breach or default of the other partyCompany under this agreement, shall impair any such right, power or remedy of such non-breaching 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 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 Agreementagreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing 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 Holderparty, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stockholders Agreement (American Residential Investment Trust Inc), Registration Rights Agreement (American Residential Investment Trust Inc), Stockholders' Agreement (Gem Value Fund Lp /Il)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, Party hereto upon any breach or default of the any other partyParty hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching party the aggrieved 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 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 of default under this Agreement, Agreement or any waiver on the part of any party Party hereto of any provisions or conditions of this Agreement, must be made in writing 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, the parties shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Shareholders Agreement (Continental Minerals Corp), Shareholders Agreement (Continental Minerals Corp), Shareholders Agreement (China Nettv Holdings Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 4 contracts
Samples: Registration Rights Agreement (Loudeye Technologies Inc), Rights Agreement (Atroad Inc), Rights Agreement (Atroad Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party, 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 . No waiver of any single breach or default shall 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 hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Employment Agreement (Radview Software LTD), Employment Agreement (Cidra Corp), Employment Agreement (Radview Software LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the other party, party under this Agreement shall impair any such right, power power, or remedy of such non-breaching party remedy, 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 Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law Applicable Law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stockholder Agreement (Willbros Group, Inc.\NEW\), Agreement and Plan of Merger (Carpenter Technology Corp), Stockholder Agreement (Willbros Group, Inc.\NEW\)
Delays or Omissions. No delay or omission to exercise any right, power ------------------- or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party, 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 . No waiver of any single breach or default shall 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 hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp)
Delays or Omissions. No NO delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, party to this Agreement shall impair any such right, power or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holder, holder shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Lockup Agreement (Cross Atlantic Commodities, Inc.), Lockup Agreement (Cross Atlantic Commodities, Inc.), Lockup Agreement (Cross Atlantic Commodities, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreementeither party, upon any breach or default of the other partyparty under this Agreement, shall impair any such right, power power, or remedy of such non-breaching party remedy, 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 either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holdereither party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Note Purchase Agreement (Sportsnuts Inc), Note Purchase Agreement (Sportsnuts Inc), Debt Conversion Agreement (Sportsnuts 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 to this Agreement, hereto upon any breach or default of the other partyanother 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 such party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holder, party shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Prison Realty Trust Inc), Stock Purchase Agreement (Sodexho Alliance S A), Stock Purchase Agreement (Prison Realty Trust Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereto upon any breach or default of the any other partyparty hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching the aggrieved 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 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 Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be made in writing 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, the parties shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Option Agreement (Continental Minerals Corp), Option Agreement (China Nettv Holdings Inc), Option Agreement (China Nettv Holdings Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other partyparty under this Agreement, shall impair any such right, power or remedy of such non-breaching party remedy; nor shall it be construed to be a waiver of of, or an 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 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 character, on the part of any party party, of any breach or default under this Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or and otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Subscription Agent Agreement (Bpi Packaging Technologies Inc), Subscription Agent Agreement (M Tron Industries Inc), Subscription Agent Agreement (Bpi Packaging Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon hereunder or any breach or default of the other party, under this Agreement shall impair any such right, power power, or remedy of such non-breaching party remedy, nor shall it be construed to be as a waiver of or acquiescence to any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurringoccurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter the waiver. 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 Agreement, Agreement or any waiver on the part of any party of any provisions provision or conditions condition of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth stated in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holder, party shall be cumulative and not alternativecumulative.
Appears in 3 contracts
Samples: Option Agreement (Reconditioned Systems Inc), Stock Option Agreement (Reconditioned Systems Inc), Stock Option Agreement (Reconditioned Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party to under this Agreement, upon any breach or default of the other partyTransaction Documents or the Certificate, shall impair any such right, power or remedy of such non-breaching party remedy, 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 waiver or approval of any kind or character on the any Purchaser’s part of any party of any breach breach, default or default noncompliance under this Agreement, the other Transaction Documents or under the Certificate or any waiver on the such party’s part of any party of any provisions or conditions of this the Agreement, the other Transaction Documents, or the Certificate must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law the other Transaction Documents, the Certificate, or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Unit Purchase Agreement (Camp Nine, Inc.), Unit Purchase Agreement (Camp Nine, Inc.), Stockholders Agreement (Cactus Ventures, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreementeither party, upon any breach or default of the other partyparty under this Agreement, shall impair any such right, power power, or remedy of such non-breaching party remedy, 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 shal 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 of any provisions or conditions of this Agreement, Agreement must be made in writing signed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, Agreement or by law or otherwise afforded to any Holdereither party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Blue Star Coffee Inc), Common Stock Purchase Agreement (Blue Star Coffee Inc), Common Stock Purchase Agreement (Blue Star Coffee Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty 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 hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Answer Think Consulting Group Inc), Stock Purchase Agreement (Answer Think Consulting Group Inc), Agreement and Plan of Merger (Sherwood Brands Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreementeither party, upon any breach or default of the other partyparty under this Agreement, shall impair any such right, power power, or remedy of such non-breaching party remedy, 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 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 of any provisions or conditions of this Agreement, Agreement must be made in writing signed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holdereither party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Purchase Agreement (Financial Commerce Network Inc), Rights Agreement (Array Biopharma Inc), Shareholders Agreement (Array Biopharma Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementInvestor, upon any breach or default of the other partyCompany under this Agreement, shall impair any such right, power or remedy of such non-breaching party Investor; nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, in such breach or default or of or in any similar breach or default thereafter occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. 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 of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Form of Note Purchase Agreement (Inspire Veterinary Partners, Inc.), Form of Note Purchase Agreement (Inspire Veterinary Partners, Inc.), Form of Note Purchase Agreement (Inspire Veterinary Partners, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the any other partyparty under this Agreement, shall impair any such right, power power, or remedy of such non-breaching party remedy; nor shall it be construed to be a waiver of of, or an 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 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 character, on the part of any party party, of any breach or default under this Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent extend specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or and otherwise afforded afford to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Subscription Agent Agreement (Navidec Inc), Subscription Agent Agreement (Navidec Inc), Subscription Agent Agreement (Navidec Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, Holder upon any breach or default of the other party, Company under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 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 provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investor Rights Agreement (Fate Therapeutics Inc), Rights Agreement (Complete Genomics Inc), Investor Rights Agreement (Complete Genomics Inc)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 3 contracts
Samples: Rights Agreement (Digital Island Inc), Rights Agreement (Chorum Technologies Inc), Rights Agreement (Digital Island Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party to under this Agreement, upon any breach the Related Agreements or default of the other partyRestated Charter, shall impair any such right, power or remedy of such non-breaching party remedy, 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 or approval of any kind or character on the any Purchaser's part of any party of any breach breach, default or default noncompliance under this Agreement, the Related Agreements or under the Restated Charter or any waiver on the such party's part of any party of any provisions or conditions of this the Agreement, the Related Agreements, or the Restated Charter must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or the Related Agreements, the Restated Charter, by law law, or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Oryx Technology Corp), Preferred Stock Purchase Agreement (Oryx Technology Corp), Preferred Stock Purchase Agreement (Oryx Technology Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the other party, another party under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Sale Agreement (Tetralogic Pharmaceuticals Corp), Sale Agreement (Tetralogic Pharmaceuticals Corp), Right of First Refusal Agreement (Motorcar Parts America Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach or default of the other partyanother party under this Agreement, shall impair any such right, power or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gardenburger Inc), Stock Purchase Agreement (Gardenburger Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching 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 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 Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be made in writing 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, each party hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (VanceInfo Technologies Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party, party hereto 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 therefore 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 other party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Reata Pharmaceuticals Inc), Investors’ Rights Agreement (Reata 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 to this Agreement, Party upon any breach or default of the any other party, Party shall impair any such right, power or remedy of such non-breaching party 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 Party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any HolderParty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Credit Support and Reimbursement Agreement (Fluence Energy, Inc.), Credit Support and Reimbursement Agreement (Fluence Energy, 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 to this Agreementeither party, upon any breach or default of the other party, 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 either party of any breach or default under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holdereither party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Syntroleum Corp), Stock Purchase Agreement (Syntroleum Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party, party under this Agreement shall impair any such right, power or remedy of such non-breaching 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 . No waiver of any single breach or default shall 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 hereto of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Employment Agreement (Navigation Technologies Corp), Restricted Stock Unit Agreement (Navteq 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 to this Agreementparty, upon any breach or default of the other partyanother 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 nay 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (FCCC Inc), Stock Purchase Agreement (First Connecticut Capital Corp/New/)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, the Investor upon any breach or default of the other party, Company under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 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 provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Standard Parking Corp), Registration Rights Agreement (Standard Parking Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, party under this Agreement shall impair any such right, power or remedy of such non-breaching party remedy, 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 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holdereither party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (ExlService Holdings, Inc.), Supplemental Stockholders Agreement (ExlService Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to under this AgreementWarrant, upon any breach or default of the any other partyparty under this Warrant, 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 AgreementWarrant, or any waiver on the part of any party of any provisions or conditions of this AgreementWarrant, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Warrant or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: eHi Car Services LTD, eHi Car Services LTD
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementParty hereto, upon any breach or default of the any other partyParty 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 Party hereto of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any HolderParty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Modern Medical Modalities Corp), Asset Purchase Agreement (Modern Medical Modalities 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 to this Agreementparty, upon any breach or default of the other partyanother 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series I Preferred Stock Purchase Agreement (Oxis International Inc), Series I Preferred Stock Purchase Agreement (Oxis International Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching party 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 hereto of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law Law or otherwise afforded to any Holderparty hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholders Agreement (Sunlands Online Education Group), Shareholders Agreement (Sunlands Online Education Group)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holder, party shall be cumulative and not alternative. [Signature pages follow.]
Appears in 2 contracts
Samples: Purchase Agreement (Cerulean Pharma Inc.), Purchase Agreement (Cerulean Pharma Inc.)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty 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 hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing 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, party hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholders Agreement (Uxin LTD), Shareholders Agreement (Uxin LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, Stockholder upon any breach or default of the other party, Company under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 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 provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stockholders’ Agreement (Image Entertainment Inc), Stockholders’ Agreement (JH Evergreen Management, LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, whether or not upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing and writing, shall be effective only to the extent specifically set forth in such writingwriting and comply with Section 13(d) above. 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: Registration Rights Agreement (BTHC VI Inc), Registration Rights Agreement (Athersys Inc /Oh)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach breach, default or default of noncompliance by another party under this Agreement or the other party, Transaction Documents shall impair any such right, power or remedy of such non-breaching party remedy, 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 or approval of any kind or character on the Purchaser's part of any party of any breach breach, default or default noncompliance under this Agreement, Agreement or the other Transaction Documents or any waiver on the such party's part of any party of any provisions or conditions of this Agreement, Agreement or the other Transaction Documents must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or the other Transaction Documents, by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Purchase Agreement (Motient Corp), Purchase Agreement (Motient Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holder, party shall be cumulative and not alternative. [Remainder of page intentionally left blank.]
Appears in 2 contracts
Samples: Voting Agreement (Visterra, Inc.), Voting Agreement (Visterra, Inc.)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to this AgreementDeclaration, upon any breach or default of the other party, 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 AgreementDeclaration, or any waiver on the part of any party of any provisions or conditions of this AgreementDeclaration, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this AgreementDeclaration, or by law or otherwise afforded to any Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholder Agreement (Digital Island Inc), Sandpiper Networks Inc
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementthe Investor, upon any breach or default of the by any other partyparty under this Agreement, shall impair any such right, power or remedy of such non-breaching party the Investor, 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, or by law or otherwise afforded to any Holder, shall be cumulative and not alternativealternative or exclusive.
Appears in 2 contracts
Samples: Investor Rights Agreement (Aqua Metals, Inc.), Investor Rights Agreement (Aqua Metals, Inc.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty 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 party of any party hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Employment Agreement (Charys Holding Co Inc), Escrow Agreement (Charys Holding Co Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, a upon any breach or default of the other party, party under this Agreement shall impair any such right, power power, or remedy of such non-breaching the party not in breach or default; nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, in such breach or default or of or in any similar breach or default thereafter occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. 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 Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Class B Unit Purchase Agreement (Ada-Es Inc), Class B Unit Purchase Agreement (Ada-Es 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 to this Agreement, upon any breach or default of the any other party, party shall impair any such right, power or remedy of such non-breaching party 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty to this Agreement, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Maxygen Inc), Limited Liability Company Agreement (Maxygen Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, a Party upon any breach or default of by the other party, Party under this Agreement shall impair any such right, power or remedy of such the non-breaching party or the 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 a Party of any breach or default under this AgreementAgreement by the other Party, or any waiver on the part of any party such Party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law Law or otherwise afforded to any Holdera Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Plan Funding Agreement (Amryt Pharma PLC), Plan Funding Agreement (Novelion Therapeutics Inc.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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: Rights Agreement (Digital Insight Corp), Rights Agreement (Digital Insight Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon hereunder or any breach or default of the other party, under this Agreement shall impair any such right, power power, or remedy of such non-breaching party remedy, nor shall it be construed to be as a waiver of or acquiescence to any such breach or default, or an acquiescence therein, default or of or in any similar breach or default thereafter occurringoccurring later; nor shall any waiver of or any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter the waiver. 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 Agreement, Agreement or any waiver on the part of any party of any provisions provision or conditions condition of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth stated in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holder, part shall be cumulative and not alternativecumulative.
Appears in 2 contracts
Samples: Agreement (Vital Living Inc), Stock Option Agreement (Vital Living Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementeither Party, upon any breach or default of the other party, Party under this Agreement shall impair any such right, power or remedy of such non-breaching party 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 either Party of any breach or default under this Agreement, Agreement or any waiver on the part of any party either Party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holdereither Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Vifor (International) LTD), Stock Purchase Agreement (Glaxosmithkline PLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the other partyany party hereto 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 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 Agreement, Agreement or any waiver on the part of any such party of any provisions or conditions of this Agreement, must be made in writing 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, party hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: 2005 Loan Agreement (Robotic Vision Systems Inc), Loan Agreement (Robotic Vision Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, hereof upon any breach or default under this Agreement of the other another party, shall be deemed a waiver of any other breach or default theretofore or thereafter occurring; nor shall it impair any such right, power or remedy of such non-breaching the aggrieved 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 hereof of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderof the parties, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Share Purchase Agreement, Series B Preferred Share Purchase Agreement (Infinity Augmented Reality, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to hereto or any subsequent holder of any Registrable Securities upon any breach, default or noncompliance of the Company under this Agreement, upon any breach or default of the other party, shall impair any such right, power power, or remedy of such non-breaching party remedy, 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 It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the part of any party the parties hereto of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the part of any party the parties hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All , and that all remedies, either under this Agreement, or by law law, or otherwise afforded to any Holderthe parties hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (PSW Technologies Inc), Registration Rights Agreement (PSW Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereunder upon any breach or default of the other party, GMC or IGI under this Agreement shall impair any such right, power or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holdersuch holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: License and Asset Purchase Agreement (Global Maintech Corp), License and Asset Purchase Agreement (Infinite Graphics Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreementa Secured Party, upon any breach or default of the other party, Debtor under this Agreement shall impair any such right, power power, or remedy of such non-breaching party the Secured 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 consent, or approval of any kind or character on the part of any party the Holders of any breach or default under this Agreement, Agreement or any waiver on the part of any party the Holders of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderthe Investors, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Security Agreement (TherapeuticsMD, Inc.), Security Agreement (TherapeuticsMD, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 Preferred Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Liquor Com Inc), Investors' Rights Agreement (Liquor Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty 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 of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Imc Mortgage Co), Preferred Stock Purchase and Option Agreement (Travelers Group Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other partyanother party to this Agreement, shall impair any such right, power or remedy of such non-breaching party remedy, 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 It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of by any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any by such party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law or otherwise afforded to any Holderotherwise, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Corporation Registration Rights Agreement (JDS Uniphase Corp /Ca/), Registration Rights Agreement (Furukawa Electric Co LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to under this Agreement, upon any breach or default of the any other partyparty under this Agreement, shall impair any such right, power or remedy of such nonbreaching or non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Voting Agreement (Lantern Pharma Inc.), Voting Agreement (Lantern Pharma Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementParty, upon any breach or default of the other partyParty, shall impair any such right, power or remedy of such non-breaching 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 Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be made in writing 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 Holderholder, shall be cumulative and not alternative.. [Signatures Page Follows]
Appears in 2 contracts
Samples: Registration Rights Agreement (Strativation, Inc.), Registration Rights Agreement (Strativation, Inc.)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party, party under this Agreement shall impair any such right, power or remedy of such non-breaching 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 of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holderparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (At Home Corp), Stock Purchase and Exchange Agreement (At Home Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 of any provisions or conditions of this Agreement, must be made in writing 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 Holderholder, shall be cumulative and not alternative. [This space intentionally left blank.]
Appears in 2 contracts
Samples: Registration Rights Agreement (Egghead Inc /Wa/), Investor Rights Agreement (Amazon Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching 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, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law Law or otherwise afforded to any Holder, each party hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Share Purchase Agreement, Series B Preferred Share Purchase Agreement (VanceInfo Technologies Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other partyparty 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 hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either provided under this Agreement, or by law or otherwise afforded to any Holder, Agreement shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc), Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, upon any breach or default of the other party, 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 either party of any breach or default under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, must be made in writing 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: Software License Agreement (Symantec Corp), Registration Rights Agreement (Saleslogix Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, either Party upon any breach or default of the other party, under this Agreement shall impair any such right, power power, or remedy of such non-breaching 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 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 either Party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement, Agreement or by law or otherwise afforded to any Holdereither Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: License Agreement (Galena Biopharma, Inc.), Asset Purchase and License Agreement (Human Pheromone Sciences Inc)
Delays or Omissions. No delay delays or omission omissions to exercise any right, power or remedy accruing to any party xxxxx to this Agreement, upon any breach or default of the other party, shall impair any such right, power or remedy of such non-breaching nonbreaching 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 of any provisions or conditions of this Agreement, must be made in writing 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 Holderholder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (DCC Compact Classics Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party, 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 theretofor 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 provisions or conditions of this Agreement, must be made in writing 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 Holderholder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Rights Agreement (Eloyalty Corp)
