Delays and Omissions. Subject to applicable law, 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 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 thereof, 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. All remedies, either under this Agreement or by law or otherwise afforded to any Party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ophthalmic Imaging Systems), Agreement and Plan of Merger (Ophthalmic Imaging Systems), Agreement (Ophthalmic Imaging Systems)
Delays and Omissions. Subject to applicable law, no No delay or omission to exercise any right, power or remedy accruing to any Party under this Agreement, Agreement upon any breach or default of any the other Party under this AgreementAgreement (other than as provided for in Section 7.7), shall impair any such right, power or remedy of such non-breaching or non-defaulting Party party nor shall it be construed to be a waiver by such Party of any such breach or default, or an acquiescence thereoftherein, 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 previously or thereafter occurring. All remedies, either under this Agreement or by law Law or otherwise afforded to any Partyparty, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Framework Agreement, Framework Agreement (Goodyear Tire & Rubber Co /Oh/)
