Common use of Delays or Omissions; Remedies Cumulative Clause in Contracts

Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default under this Agreement, shall impair any such right, power or remedy of such party or 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. All of a party’s remedies, either under this Agreement, or by law or otherwise afforded to such party, shall be cumulative and not alternative.

Appears in 8 contracts

Samples: Loan Agreement and Secured Promissory Note (Cellteck Inc.), Loan Agreement and Secured Promissory Note (Cellteck Inc.), Loan Agreement and Secured Promissory Note (Cellteck Inc.)

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Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default under this Agreement, shall impair any such right, power or remedy of such party or 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. All of a party’s 's remedies, either under this Agreement, or by law or otherwise afforded to such party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Purchase Agreement (U S Realtel Inc), Registration Rights Agreement (Exten Industries Inc), Stock Purchase Agreement (London Bridge Software Holdings PLC)

Delays or Omissions; Remedies Cumulative. No delay or omission to ---------------------------------------- exercise any right, power or remedy accruing to any party, upon any breach or default under this Agreement, shall impair any such right, power or remedy of such party or 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. All of a party’s 's remedies, either under this Agreement, or by law or otherwise afforded to such party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Investment Agreement (Webmd Inc), Investment Agreement (Webmd Inc), Investment Agreement (Webmd Inc)

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Delays or Omissions; Remedies Cumulative. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default under this Agreement, shall impair any such righttight, power or remedy of such party or 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. All of a party’s 's remedies, either under this Agreement, or by law or otherwise afforded to such party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Purchase Agreement (U S Realtel Inc)

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