Common use of Delay or Omissions Clause in Contracts

Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing upon any breach or default under this Agreement, shall impair any such right, power or remedy of 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; 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 party of any breach or default under this Agreement, or any waiver on the part of such holder of any provisions or conditions of this Agreement, 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

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

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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 the other 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; 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 such holder of any party or any provisions or conditions of this Agreement, must shall 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

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

Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any Party under this Agreement, upon any breach or default of any other Party under this Agreement, shall impair any such right, power or remedy of the other party such 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; 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 party any Party of any breach or default under this Agreement, or any waiver on the part of such holder any Party of any provisions or conditions of this Agreement, 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 1 contract

Samples: Shareholder Agreement (Meili Auto Holdings LTD)

Delay 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 under this Agreement, of the other Party shall impair any such rightrights, power or remedy of the other party 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 such 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 ether under this Agreement or by law or otherwise affordedafforded to the parties, shall be cumulative and not alternative.

Appears in 1 contract

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

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Delay or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default by another party under this Agreement, shall impair any such right, power or remedy of the other 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 occurringoccurring 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 such holder any party of any provisions or conditions of this Agreement, must be 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 affordedafforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Shareholder Agreement (Tekinsight Com Inc)

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