Common use of Delays or Omissions, Etc Clause in Contracts

Delays or Omissions, Etc. Except as provided in Section 10.1 (Survival; Etc.) and Section 10.4(a) (Notice, Etc.), no delay or omission to exercise any right, power or remedy inuring to any party upon any breach or default of any party under this Agreement or any Related Agreement shall impair any such right, power or remedy of 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; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Neither the exercise of nor the failure to exercise any remedy under this Agreement or any Related Agreement will constitute an election of remedies or limit in any manner enforcement of any remedies. All remedies either under this Agreement or any Related Agreement or by law or otherwise afforded to the parties shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Escrow Agreement (Alamosa PCS Holdings Inc), Asset Purchase Agreement (Amresco Inc), Agreement and Plan of Merger (Amresco Inc)

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Delays or Omissions, Etc. Except as provided in Section 10.1 (Survival; Etc.6.1(c) and Section 10.4(a6.6(a) (Notice, Etc.), no delay or omission to exercise any right, power or remedy inuring to any party upon any breach or default of any party under this Agreement or any Related Agreement shall impair any such right, power or remedy of 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; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Neither the exercise of nor the failure to exercise any remedy under this Agreement or any Related Agreement will constitute an election of remedies or limit in any manner enforcement of any remedies. All remedies either under this Agreement or any Related Agreement or by law or otherwise afforded to the parties shall be cumulative and not alternative.

Appears in 1 contract

Samples: Asset Purchase Agreement (National Equipment Services Inc)

Delays or Omissions, Etc. Except as provided in Section 10.1 (Survival; Etc.) 6.1 and Section 10.4(a) (Notice, Etc.6.6(a), no delay or omission to exercise any right, power or remedy inuring to any party upon any breach or default of any party under this Agreement or any Related Agreement shall impair any such right, power or remedy of 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; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Neither the exercise of nor the failure to exercise any remedy under this Agreement or any Related Agreement will constitute an election of remedies or limit in any manner enforcement of any remedies. All remedies either under this Agreement or any Related Agreement or by law or otherwise afforded to the parties shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Carpenter W R North America Inc)

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Delays or Omissions, Etc. Except as provided in Section 10.1 (Survival; Etc.) and Section 10.4(a) (Notice, Etc.Notice and Opportunity to Defend), no delay or omission to exercise any right, power or remedy inuring to any party upon any breach or default of any party under this Agreement or any Related Agreement shall impair any such right, power or remedy of 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; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Neither the exercise of nor the failure to exercise any remedy under this Agreement or any Related Agreement will constitute an election of remedies or limit in any manner enforcement of any remedies. All remedies either under this Agreement or any Related Agreement or by law or otherwise afforded to the parties shall be cumulative and not alternative.

Appears in 1 contract

Samples: Escrow Agreement (Alamosa PCS Holdings Inc)

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