Delay and Waiver. Except as otherwise provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to the respective Parties hereto upon any breach or default of any other Party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such 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 of any breach or default under this Agreement, or any waiver of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.
Appears in 29 contracts
Samples: Full Requirements Service Agreement, Full Requirements Service Agreement, Full Requirements Service Agreement
Delay and Waiver. Except as otherwise provided in this Agreementherein, no delay or omission to exercise any right, power or remedy accruing to the respective Parties hereto upon any breach Party hereunder or default of under any other Party under this Agreement Transaction Document shall impair any such right, power or remedyremedy of the Party, nor shall it be construed to be a waiver of any such similar breach or default thereafter occurring; default, or an acquiescence thereof, nor shall any waiver of any single default or other breach or default be deemed a waiver of any other breach default or default theretofore or thereafter occurringother breach. Any waiver, indulgence, permit, consent or approval of any kind or character by a Party of any event of default or breach or default under this AgreementAgreement or any other Transaction Document, or any waiver by a Party of any provision or condition of this AgreementAgreement or any other Transaction Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth in such writingforth.
Appears in 3 contracts
Samples: Contribution Agreement (Soluna Holdings, Inc), Contribution Agreement (Soluna Holdings, Inc), Contribution Agreement (Soluna Holdings, Inc)
Delay and Waiver. Except as otherwise provided in this AgreementLease, no delay or omission to exercise any right, power or remedy accruing to the respective Parties hereto upon any breach or default of any other Party under this Agreement Lease shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such 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 of any breach or default under this AgreementLease, or any waiver of any provision or condition of this AgreementLease, must be in writing and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: S Line Incremental Transfer Capability Lease, S Line Incremental Transfer Capability Lease
Delay and Waiver. Except as otherwise provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to the respective Parties hereto a Party upon any breach or default of any by the other Party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such 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 of any breach or default under this Agreement, or and any waiver of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Power Purchase Agreement
Delay and Waiver. Except as otherwise provided in this Agreement, no No delay or omission by a party to exercise any right, power or remedy accruing to upon the respective Parties hereto upon occurrence of any breach or default of any by the other Party party under this Agreement shall impair any such right, power or 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 or approval of any kind or character on the part of a party hereto of any breach or default by the other party under this Agreement, or any waiver on the part of a party hereto of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Option Agreement (Southern Co)
Delay and Waiver. Except as otherwise provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to the respective Parties hereto upon any breach or default of any other Party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such 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 of any breach or default under this Agreement, or any waiver of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.any
Appears in 1 contract
Samples: Full Requirements Service Agreement
Delay and Waiver. Except as otherwise provided in this AgreementLease, no delay or omission to exercise any right, power or remedy accruing to the respective Parties hereto upon any breach or default of any other Party under this Agreement Lease shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such 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 of any breach or default under this AgreementLease, or any waiver of any provision or condition of this AgreementLease, must be in writing and shall be effective only to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Transfer Capability Lease Agreement