Common use of Delay or Omissions Clause in Contracts

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

Appears in 2 contracts

Sources: Stock Option Agreement (Ardent Mines LTD), Stock Option Agreement (Ardent Mines LTD)

Delay or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such the other party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or such holder of any provisions or conditions of this Agreement, shall must be 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, shall be cumulative and not alternative.

Appears in 2 contracts

Sources: Agreement Concerning the Reimbursement of Fees (RCN Corp /De/), Agreement Concerning the Reimbursement of Fees (Globix Corp)

Delay or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party hereto upon any breach or default of any by another party under this Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring thereafter; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, shall must be 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 party, shall be cumulative and not alternative.

Appears in 1 contract

Sources: Shareholder Agreement (Tekinsight Com Inc)

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

Appears in 1 contract

Sources: Shareholder Agreement (Meili Auto Holdings LTD)

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

Appears in 1 contract

Sources: Registration Rights Agreement (Postmedia Network Canada Corp.)