Common use of Delays and Omissions Clause in Contracts

Delays and Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party to this Agreement, upon any breach or default of any other 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, or an acquiescence in, any such breach or default or 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 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 under this Agreement or by law and otherwise afforded to any party shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Asset Purchase Agreement (AgeX Therapeutics, Inc.), Consulting Agreement (Biotime Inc), Consulting Agreement (Biotime Inc)

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Delays and Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party to this Agreement, holder of any Shares upon any breach or default of any other party the Corporation under this Agreement, Agreement shall impair any such right, power, power or remedy of such party holder, nor shall it be construed to be a waiver of, or an acquiescence in, 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, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party holder, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Puma Biotechnology, Inc.), Securities Purchase Agreement (Puma Biotechnology, Inc.), Securities Purchase Agreement (Puma Biotechnology, Inc.)

Delays and Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power, power or remedy accruing to any party to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such party non-defaulting party, nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach nor of or default 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, 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 of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Series B Preferred Stock Purchase Agreement (Energy & Power Solutions, Inc.), Series B Preferred Stock Purchase Agreement (Energy & Power Solutions, Inc.)

Delays and Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party to this AgreementParty, upon any breach or default of any other party under this AgreementParty, shall impair any such right, power, power or remedy of such party non-breaching or non-defaulting Party nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default 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, 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 Party of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and Law or otherwise afforded to any party Party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stock Purchase and Sale Agreement (Fusion Telecommunications International Inc), Stock Purchase and Sale Agreement (Fusion Telecommunications International Inc)

Delays and Omissions. No delay or omission to exercise any right, power, -------------------- power or remedy accruing to any a party to this Agreement, upon any breach or default of any other a party under this Agreement, Agreement shall impair any such right, power, power or remedy of any such party nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default or of 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, 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 such holder of any provisions or conditions of this Agreement, Agreement must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies either remedies, under this Agreement or by law and otherwise afforded to any party shall be cumulative and not alternative.

Appears in 1 contract

Samples: Development and Marketing Agreement (Imall Inc)

Delays and Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power, power or remedy accruing to any party to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such party non-defaulting party, nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default 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, 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 of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Note Cancellation Agreement (Live Current Media Inc.)

Delays and Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party to under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default 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, 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 of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement (Fusion Telecommunications International Inc)

Delays and Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power, power or remedy accruing to any party to this Agreementparty, upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such party nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default 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, 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 of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Proofpoint Inc)

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Delays and Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party to under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default 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, 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 of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Share Exchange Agreement (United Community Banks Inc)

Delays and Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party to under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default 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, 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 of any provisions or conditions of this Agreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Fusion Telecommunications International Inc)

Delays and Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party Party to this Agreement, upon any breach or default of any other party {arty under this Agreement, shall impair any such right, power, or remedy of such party Party nor shall it be construed to be a waiver of, or an acquiescence in, any such breach or default or 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 Party of any breach or default under this Agreement, or any waiver on the part of any party Party 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 under this Agreement or by law and otherwise afforded to any party Party shall be cumulative and not alternative.

Appears in 1 contract

Samples: Consulting Agreement (AgeX Therapeutics, Inc.)

Delays and Omissions. No Except with respect to Section 10.2, no delay or omission to exercise any right, power, power or remedy accruing to any a party to this Agreement, upon any breach or default of any other a party under this Agreement, Agreement shall impair any such right, power, power or remedy of any such party nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default or of 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, 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 such holder of any provisions or conditions of this Agreement, Agreement must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies either remedies, under this Agreement or by law and otherwise afforded to any party shall be cumulative and not alternative.

Appears in 1 contract

Samples: Marketing Agreement (Checkfree Holdings Corp \Ga\)

Delays and Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party to this Agreement, upon any breach or default of any other a party under this Agreement, Agreement shall impair any such right, power, power or remedy of any such party holder nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default or of 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, 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 such holder of any provisions or conditions of this Agreement, Agreement must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies either remedies, under this Agreement or by law and otherwise afforded to any party shall be cumulative and not alternative.

Appears in 1 contract

Samples: Development and Marketing Agreement (Imall Inc)

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