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Common use of Delay Clause in Contracts

Delay. No failure or delay on the part of any party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

Appears in 97 contracts

Samples: Share Purchase Agreement (Flawless Management Inc.), Common Stock Subscription Agreement (Atelier Meats Corp.), Common Stock Subscription Agreement (Water on Demand, Inc.)

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Delay. No failure or delay on the part of any party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

Appears in 94 contracts

Samples: Purchase Agreement (Battalion Oil Corp), Purchase Agreement (Battalion Oil Corp), Purchase Agreement (Battalion Oil Corp)

Delay. No failure or delay on the part of any party Party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law or in equity or otherwise.

Appears in 47 contracts

Samples: Share Exchange Agreement (Nxu, Inc.), Board Representation and Observation Agreement (Kimbell Royalty Partners, LP), Investor Rights Agreement (Ivanhoe Electric Inc.)

Delay. No failure or delay on the part of any party Party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law or in equity or otherwise.

Appears in 34 contracts

Samples: Series a Preferred Unit Purchase Agreement (Atlas Energy Group, LLC), Class C Preferred Unit Purchase Agreement (Atlas Energy, L.P.), Class C Preferred Unit Purchase Agreement (Atlas Resource Partners, L.P.)

Delay. No failure or delay on the part of any party Party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law Law or in equity or otherwise.

Appears in 29 contracts

Samples: Common Unit Purchase Agreement, Note Purchase Agreement (Flotek Industries Inc/Cn/), Class D Preferred Unit and Warrant Purchase Agreement (NGL Energy Partners LP)

Delay. No failure or delay on the part of any party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

Appears in 29 contracts

Samples: Common Stock Purchase Agreement (Reata Pharmaceuticals Inc), Unit Purchase Agreement, Common Unit Purchase Agreement

Delay. No failure or delay on the part of any party Party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law or in equity or otherwise.

Appears in 12 contracts

Samples: Membership Interest Purchase Agreement (Nextera Energy Partners, Lp), Membership Interest Purchase Agreement (NextEra Energy Partners, LP), Series a Preferred Unit Purchase Agreement (Sunoco LP)

Delay. No failure or delay on the part of any party Party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law Law or in equity or otherwise.

Appears in 8 contracts

Samples: Note Purchase Agreement (U.S. Well Services, Inc.), Common Stock Purchase Agreement, Note Purchase Agreement (Par Pacific Holdings, Inc.)

Delay. No failure or delay on the part of any either party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

Appears in 5 contracts

Samples: Settlement and Governance Agreement (Aquila Inc), Securities Purchase Agreement (Quanta Services Inc), Settlement and Governance Agreement (Cenveo, Inc)

Delay. No Except as otherwise provided herein, no failure or delay on the part of any party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law Law or in equity or otherwise.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Triangle Petroleum Corp), Stock Purchase Agreement (Triangle Petroleum Corp), Stock Purchase Agreement (Triangle Petroleum Corp)

Delay. No failure or delay on the part of any party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law Law or in equity or otherwise.

Appears in 2 contracts

Samples: Convertible Preferred Unit Purchase Agreement (EQM Midstream Partners, LP), Convertible Preferred Unit Purchase Agreement (EnLink Midstream Partners, LP)

Delay. No failure or delay on the part of any party hereto in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

Appears in 2 contracts

Samples: Voting and Support Agreement (Velocity Financial, Inc.), Voting and Support Agreement (Velocity Financial, Inc.)

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Delay. No Subject to Section 7.4, no failure or delay on the part of any party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

Appears in 1 contract

Samples: Class B Unit Purchase Agreement (Penn Virginia Resource Partners L P)

Delay. No failure or delay on the part of any party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, ​ ​ power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

Appears in 1 contract

Samples: Purchase Agreement (Battalion Oil Corp)

Delay. No failure or delay on the part of any party Party hereto in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law or in equity or otherwise.

Appears in 1 contract

Samples: Voting and Support Agreement (Great Ajax Corp.)

Delay. No failure or delay on the part of any party Party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law Law or in equity or otherwise.

Appears in 1 contract

Samples: Unit Purchase Agreement (Rio Vista Energy Partners Lp)

Delay. No failure or delay on the part of any party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.. DM3\6717806.1 17

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Stonemor Inc.)

Delay. No failure or delay on the part of any party in exercising any right, power, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.. 30

Appears in 1 contract

Samples: Share Purchase Agreement

Delay. No failure or delay on the part of any party Party in ----- exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party Party at law Law or in equity or otherwise.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Petrosearch Energy Corp)