Delays or Omissions; Waiver. No delay or omission to exercise any right, power, or remedy accruing to a party upon any breach or default of another party under this 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. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Any agreement on the part of a party or parties hereto to any waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party or parties, as applicable. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.
Appears in 21 contracts
Samples: Securities Purchase Agreement (Softbank Group Corp), Stockholder Agreement (PDF Solutions Inc), Securities Purchase Agreement (PDF Solutions Inc)
Delays or Omissions; Waiver. No delay or omission to exercise any right, power, power or remedy accruing to a any party hereto, upon any breach or default of another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy of such party, party nor shall it be construed to be a waiver of of, or estoppel with respect to, 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. No waiver Any waiver, permit, consent or approval of any term, provision kind or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Any agreement character on the part of a any party hereto of any breach or parties hereto to default under this Agreement, or any waiver on the part of any party of any provisions, obligations, covenants, agreements or conditions of this Agreement must be made in writing and shall be valid effective only if to the extent specifically set forth in an instrument in writing signed such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such party or parties, as applicable. Any delay consent shall be given in exercising any right under this Agreement shall not constitute a waiver of such rightwriting.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ameripath Inc), Stock Purchase Agreement (Ameripath Inc), Stock Purchase Agreement (Ameripath Inc)
Delays or Omissions; Waiver. No delay or omission to exercise any right, power, or remedy accruing to a party upon any breach or default of another party under this 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 . Nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Any agreement on the part of a party or the parties hereto to any waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party or parties, as applicable, from whom such waiver is sought. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.
Appears in 2 contracts
Samples: Share Purchase Agreement (Ares Management Corp), Share Purchase Agreement (Ares Management Corp)
Delays or Omissions; Waiver. No delay or omission to exercise any rightrights, power, power or remedy accruing to a party any Party hereto, upon any breach or default of another party any other Party under this Agreement Agreement, shall impair any such right, power, power or remedy of such party, Party nor shall it be construed to be a waiver of of, or estoppel with respect to, 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. No waiver Any waiver, permit, consent or approval of any term, provision kind or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Any agreement character on the part of a party any Party hereto of any breach or parties hereto default under this Agreement, or any waiver on the part of any Party of any provisions, obligations, covenants, agreements or conditions of this Agreement must be made in writing and shall be effective only to the extent otherwise afforded to any waiver Party, shall be valid only if set forth in an instrument in writing signed cumulative and not alternative. Whenever this Agreement requires or permits consent by or on behalf of any Party hereto, such party or parties, as applicable. Any delay consent shall be given in exercising any right under this Agreement shall not constitute a waiver of such rightwriting.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement (Union Dental Holdings, Inc.), Asset Purchase and Sale Agreement (National Business Holdings Inc)
Delays or Omissions; Waiver. The rights of a party hereto may be waived by such party only in writing and, specifically, the conduct of any one of the parties hereto shall not be deemed a waiver of any of its rights pursuant to this Agreement and/or a waiver or consent on its part as to any breach or failure to meet any of the terms of this Agreement or an amendment hereto. A waiver by a party hereto in respect of a breach by any other party hereto of such other party's obligations shall not be construed as a justification or excuse for a further breach of its obligations. No delay or omission to exercise any right, power, or remedy accruing to a any party hereto upon any breach or default of another by any other party hereto under this Agreement shall impair any such right, power, right or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of therein 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. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Any agreement on the part of a party or parties hereto to any waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party or parties, as applicable. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.
Appears in 1 contract
Samples: Share Purchase Agreement (Elron Electronic Industries LTD /Ny/)
Delays or Omissions; Waiver. No delay or omission to exercise any right, power, power or remedy accruing to a any party hereto, upon any breach or default of another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy of such party, party nor shall it be construed to be a waiver of of, or estoppel with respect to, 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. No waiver Any waiver, permit, consent or approval of any term, provision kind or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Any agreement character on the part of a any party hereto of any breach or parties hereto to default under this Agreement, or any waiver on the part of any party of any provisions, obligations, covenants, agreements or conditions of this Agreement must be made in writing and shall be valid effective only if to the extent specifically set forth in an instrument in writing signed on behalf of such party or partieswriting. All remedies, as applicable. Any delay in exercising any right either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not constitute a waiver of such rightalternative.
Appears in 1 contract