Common use of Delays or Omissions; Waiver Clause in Contracts

Delays or Omissions; Waiver. No delay or omission to exercise any right, power or remedy accruing to any party hereto, upon any breach or default of any other 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, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or 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 specifically set forth in 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 consent shall be given in writing.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Ameripath Inc), Stock Purchase Agreement (Ameripath Inc), Stock Purchase Agreement (Ameripath Inc)

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Delays or Omissions; Waiver. No delay or omission to exercise any right, power or remedy accruing to any party heretoparty, upon any breach or default of any other party under this AgreementAgreement by another party, shall impair any such right, power or remedy of such party the non-breaching party, nor shall it be construed to be a waiver of, or estoppel with respect to, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions, obligations, covenants, agreements provisions or conditions of this Agreement Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing.

Appears in 2 contracts

Samples: Registration Rights Agreement (Introgen Therapeutics Inc), Registration Rights Agreement (Rhone Poulenc Rorer Inc)

Delays or Omissions; Waiver. No delay or omission to exercise any rightrights, power or remedy accruing to any party Party hereto, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such party Party nor shall it be construed to be a waiver 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. Any waiver, permit, consent or approval of any kind or character on the part of any party Party hereto of any breach or default under this Agreement, or any waiver on the part of any party 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 specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such consent shall be given in writing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Union Dental Holdings, Inc.), Asset Purchase and Sale Agreement (National Business Holdings Inc)

Delays or Omissions; Waiver. No delay or omission to exercise any right, power or remedy accruing to any party hereto, upon any breach or default of any other 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, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or 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 specifically set forth in 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 consent shall be given in writing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ameripath Inc)

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Delays or Omissions; Waiver. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party hereto, the a Party upon any breach or default of any the other party Party, whether under this AgreementAgreement or the Notes, shall impair any such right, power or remedy of such party remedy, nor shall it be construed to be a waiver of, or estoppel with respect to, of any such breach or default, or an any 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of by any party hereto Party of any breach or default under this Agreement, or any waiver on the part by any Party of any party of any provisions, obligations, covenants, agreements provisions or conditions of this Agreement Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement Agreement, or by law Law or otherwise afforded to any partyeach Party, shall be cumulative and not alternative. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Triller Corp.)

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