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 such delay or omission 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.

Appears in 9 contracts

Samples: Stock and Warrant Purchase Agreement (Asterias Biotherapeutics, Inc.), Asset Contribution Agreement (Biotime Inc), Asset Contribution Agreement (Geron Corp)

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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 Party under this Agreement, shall impair any such right, power, or remedy of such partyParty, nor shall such delay or omission 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, as provided in Section 6.4, and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Merger Agreement (Biotime Inc), Merger Agreement (Biotime 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 Party under this Agreement, shall impair any such right, power, or remedy of such party, Party nor shall such delay or omission 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, as provided in Section 6.3, and shall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Transfer Agreement (Biotime Inc), Equity and Note Purchase 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 Party to this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power, or remedy of such partyParty, nor shall such delay or omission 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, as provided in Section 7.3, and shall be effective only to the extent specifically set forth in such writing.

Appears in 1 contract

Samples: Equity and Note Purchase Agreement (Biotime Inc)

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