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

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 This Agreement may be amended, superseded, cancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto or, in the case of a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

Appears in 3 contracts

Samples: Share Purchase Agreement (American BioCare, Inc.), Securities Purchase Agreement (Bluefire Ethanol Fuels Inc), Stock Purchase Agreement (Bluefire Ethanol Fuels Inc)

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 This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto Purchaser and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

Appears in 3 contracts

Samples: Investment and Purchase Agreement, Investment and Purchase Agreement (Danielson Holding Corp), Investment and Purchase Agreement (Covanta Energy Corp)

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 This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all each of the parties hereto or, in the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

Appears in 3 contracts

Samples: Administrative Services Agreement (Lincoln Benefit Life Co), Indemnity Reinsurance Agreement (Allstate Financial Advisors Separate Account I), Indemnity Reinsurance Agreement (Allstate Life of New York Separate Account A)

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

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ultrapetrol Bahamas LTD), Stock Purchase Agreement (Ultrapetrol Bahamas LTD)

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

Appears in 1 contract

Samples: Ipo Agreement (Howmet International Inc)

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

Appears in 1 contract

Samples: Master Transaction Agreement (Tiptree Financial Inc.)

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

Appears in 1 contract

Samples: Assets Purchase Agreement (Artra Group Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Phoenix Companies Inc/De)

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

Appears in 1 contract

Samples: Purchase and Sale Agreement (Shorewood Packaging Corp)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Ivex Packaging Corp /De/)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, supersededsuperceded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all authorized representatives of the parties hereto orhereto. No such written instrument shall be effective unless it expressly recites that it is intended to amend, in supercede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case of a waivermay be. Except as expressly provided herein, by the party waiving compliance. No no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stellex Industries Inc)

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

Appears in 1 contract

Samples: Extension Agreement (BTHC VII Inc)

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

Appears in 1 contract

Samples: Memorandum of Agreement

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

Appears in 1 contract

Samples: Form of Trademark License Agreement (Aetna U S Healthcare Inc)

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

Appears in 1 contract

Samples: Rig Management Agreement (Cliffs Drilling Co)

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

Appears in 1 contract

Samples: Share Purchase Agreement (Covanta Holding Corp)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Regent Communications Inc)

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Ultrapetrol Bahamas LTD)

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

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Domain Energy Corp)

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

Appears in 1 contract

Samples: Agreement and Plan of Merger (Maximus Inc)

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