Common use of Amendment and Waiver; Cumulative Effect Clause in Contracts

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 23 contracts

Samples: Asset Purchase Agreement (Digital Cinema Destinations Corp.), Asset Purchase Agreement (Digital Cinema Destinations Corp.), Asset Purchase Agreement (Digital Cinema Destinations Corp.)

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Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement Amendment must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement Amendment or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Clearview Cinema Group Inc), Asset Purchase Agreement (Clearview Cinema Group Inc), Asset Purchase Agreement (Clearview Cinema Group Inc)

Amendment and Waiver; Cumulative Effect. To be effective, any --------------------------------------- amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 3 contracts

Samples: Stock Purchase Agreement (United States Filter Corp), Stock Purchase Agreement (United States Filter Corp), Stock Purchase Agreement (Itc Learning Corp)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is soughtparties hereto. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunderunder this Agreement, nor any custom or practice of the parties at variance with the terms hereof of this Agreement, shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, hereafter at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Java Detour Inc.), Asset Purchase Agreement (Java Detour Inc.)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party Party against whom enforcement of the same is sought. Neither the failure of any party hereto either Party to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any the other party Party with its obligations hereunder, nor any custom or practice of the parties Parties at variance with the terms hereof shall constitute a waiver by such party Party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto Parties are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Stock Purchase Agreement (United States Lime & Minerals Inc), Stock Purchase Agreement (Pall Corp)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The Except as provided in Section 6.04, the rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Clearview Cinema Group Inc), Asset Purchase Agreement (Clearview Cinema Group Inc)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunderunder this Agreement, nor any custom or practice of the parties at variance with the terms hereof of this Agreement, shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, hereafter at law, in equity, by statute or otherwise.

Appears in 2 contracts

Samples: Supplemental Share Purchase Agreement (China Agritech Inc), Stock Purchase Agreement (GPN Network Inc)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof hereof, shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pinnacle Global Group Inc)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment of or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any the other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof hereof, shall constitute a waiver by such either party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Carpenter Technology Corp)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The Except as provided in SECTION 7.4, the rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Access Integrated Technologies Inc)

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Amendment and Waiver; Cumulative Effect. To be --------------------------------------- effective, any amendment of or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any the other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof hereof, shall constitute a waiver by such either party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Option Agreement (Carpenter Technology Corp)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Eresource Capital Group Inc)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The Except as provided in Section 6.4, the rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Merger Agreement (Clearview Cinema Group Inc)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise excercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Employee Leasing Agreement (National Waterworks Inc)

Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with 40 41 its obligations hereunderunder this Agreement, nor any custom or practice of the parties at variance with the terms hereof of this Agreement, shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, hereafter at law, in equity, by statute or otherwise.

Appears in 1 contract

Samples: Stock Purchase Agreement (MRV Communications Inc)

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