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 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 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 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: Investor Rights Agreement (Xactly Corp), Investor Rights Agreement (Xactly Corp), Shareholders Agreement (TRIA Beauty, Inc.)

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