Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 681 contracts
Samples: Co Sale Agreement (Rogue Baron PLC), Series Seed Preferred Stock Purchase Agreement (Rogue Baron PLC), Convertible Note Purchase Agreement (Hut 8 Corp.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 334 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Opti-Harvest, Inc.), Investors’ Rights Agreement (Opti-Harvest, Inc.)
Delays or Omissions. 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 217 contracts
Samples: Voting Agreement (Rogue Baron PLC), Voting Agreement (Mode Mobile, Inc.), Voting Agreement (PureTech Health PLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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.
Appears in 119 contracts
Samples: Shareholders’ Agreement (Allogene Therapeutics, Inc.), Sale Agreement (WeRide Inc.), Shareholders Agreement (WeRide Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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.
Appears in 71 contracts
Samples: Convertible Note Purchase Agreement (iLearningEngines, Inc.), Share Purchase Agreement (Forwardly, Inc.), Alternative Asset Purchase Agreement (Beneficient)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, upon any breach or default of any the other party under this Agreementparty, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions 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 Agreement, or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 35 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (AltheaDx, Inc.), Rights Agreement (Homeaway Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementhereto, 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. 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 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 party, shall be cumulative and not alternative.
Appears in 35 contracts
Samples: Asset Purchase Agreement (Headwaters Inc), Stock Purchase Agreement (Optical Concepts of America Inc), Asset Purchase Agreement (Huffy Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementparty, upon any breach or default of any other another 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 27 contracts
Samples: Subscription Agreement (Offerpad Solutions Inc.), Securities Purchase Agreement (Yield10 Bioscience, Inc.), Subscription Agreement (Virgin Orbit Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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 Law or otherwise afforded to any partyParty, shall be cumulative and not alternative.
Appears in 27 contracts
Samples: Preferred Share Purchase Agreement, Convertible Note Purchase Agreement, Shareholders Agreement (Phoenix Tree Holdings LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 nondefaulting 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 22 contracts
Samples: License Agreement (Supergen Inc), License Agreement (Supergen Inc), Registration Rights Agreement (Euphonix Inc \Ca\)
Delays or Omissions. No delay or omission to exercise any right, power 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 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. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 20 contracts
Samples: Warrant Purchase Agreement, Investor Rights Agreement (Bellicum Pharmaceuticals, Inc), Investor Rights Agreement (Bellicum Pharmaceuticals, Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 18 contracts
Samples: Stock Purchase Agreement (SciSparc Ltd.), Stock Purchase Agreement (Jeffs' Brands LTD), Stock Exchange Agreement (Save Foods, Inc.)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 17 contracts
Samples: Shareholders’ Agreement, Agreement and Plan of Merger (Trulieve Cannabis Corp.), Agreement and Plan of Merger (Trulieve Cannabis Corp.)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 16 contracts
Samples: Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Onvia Com Inc), Preferred Stock Purchase Agreement (Petopia Com Inc)
Delays or Omissions. 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-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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 14 contracts
Samples: Limited Liability Company Agreement (Canopy Growth Corp), Preferred Stock Purchase Agreement (Miso Robotics, Inc.), Stock Purchase Agreement
Delays or Omissions. 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 nor an acquiescence therein, or nor a waiver of or acquiescence 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, permitpermission, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 14 contracts
Samples: Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Stock Purchase Agreement (PW Partners Atlas Fund III, LP), Call Option Agreement (PW Partners Atlas Fund III, LP)
Delays or Omissions. 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 will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 are cumulative and not alternative.
Appears in 13 contracts
Samples: Series Seed Preferred Stock Investment Agreement, Contribution Agreement, Series C Conversion Agreement (NowRx, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 13 contracts
Samples: Investors’ Rights Agreement, Stock Purchase Agreement (Motorsport Gaming Us LLC), Stock Purchase Agreement (Motorsport Gaming Us LLC)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreementagreement, must be 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.
Appears in 11 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Supershuttle International Inc), Agreement (Spectrx Inc), Rights Agreement (Cascade Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementWarrant, upon any breach or default of any other party under this AgreementWarrant, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this AgreementWarrant, or any waiver on the part of any party of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 11 contracts
Samples: Pro Dex Inc, Progenity, Inc., Progenity, Inc.
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, upon any breach or default of any other party under this Agreement, Registration Rights 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Registration Rights Agreement, or any waiver on the part of any party of any provisions or conditions of this Registration Rights Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Registration Rights Agreement or by law or otherwise afforded to any partyparty to this Registration Rights Agreement, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Registration Rights Agreement (Roughneck Supplies Inc.), Registration Rights Agreement (Intelect Communications Inc), Reimbursement Agreement (Industrial Holdings Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any shares, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreementagreement, must be 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.
Appears in 10 contracts
Samples: Registration Rights Agreement (Spectrx Inc), Investors' Rights Agreement (GMP Companies Inc), Registration Rights Agreement (Spectrx Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party either Party of any breach or default under this Agreement, or any waiver on the part of any party either Party of any provisions or conditions of this Agreement, must be 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 partyeither Party, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Stock Purchase Agreement (VelaTel Global Communications, Inc.), Stock Purchase Agreement (VelaTel Global Communications, Inc.), Stock Purchase Agreement (VelaTel Global Communications, Inc.)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 9 contracts
Samples: Exchange Agreement (Unicycive Therapeutics, Inc.), Debt Conversion Agreement, Debt Conversion Agreement (CleanTech Innovations, Inc.)
Delays or Omissions. 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-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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 9 contracts
Samples: Adoption Agreement (Naqi Logix Inc.), Voting Agreement (Naqi Logix Inc.), Adoption Agreement (Naqi Logix Inc.)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Penn National Gaming Inc), Series a Preferred Stock Purchase Agreement (KonaRed Corp), Series B Preferred Stock Purchase Agreement (KonaRed Corp)
Delays or Omissions. No delay or omission to exercise any right, right power or remedy accruing to any party under this Agreement, or upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 8 contracts
Samples: Credit Agreement (Ladenburg Thalmann Financial Services Inc.), Credit and Security Agreement (Long Island Iced Tea Corp.), Loan Agreement (Castle Brands Inc)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementa Party, upon any breach or default of any the other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party a Party of any breach or default under this Agreement, or any waiver on the part of any party such Party of any provisions or conditions of this Agreement, must be 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.
Appears in 8 contracts
Samples: Agreement and Plan of Reorganization, Services Agreement (Netratings Inc), Services Agreement (Netratings Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any either party under to this Agreement, Agreement upon any breach or default of any the other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Common Stock Purchase Agreement (Searchlight Minerals Corp.), Common Stock Purchase Agreement (Searchlight Minerals Corp.), Common Stock and Warrant Purchase Agreement (Searchlight Minerals Corp.)
Delays or Omissions. 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-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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 8 contracts
Samples: Stockholders Agreement (Miso Robotics, Inc.), Adoption Agreement (Continental Grain Co), Adoption Agreement (Continental Grain Co)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 affording to any party, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Voting Agreement, Voting Agreement, Voting Agreement (GDS Holdings LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any securities issued or sold or to be issued or sold hereunder, upon any breach or default of any other party the Company under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be 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.
Appears in 8 contracts
Samples: Shareholders Agreement (Shiffman Milton M), Shareholders Agreement (Bingham Financial Services Corp), Preferred Stock Purchase Agreement (Genomic Solutions Inc)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, Party upon any breach or default of any other party Party under this Agreement, shall Agreement will impair any such right, power power, or remedy of such non-breaching defaulting Party, nor will such delay or non-defaulting party nor shall it omission be construed to be a waiver of any such breach or default, or an acquiescence thereinin such breach or default, or of or in any similar breach or default thereafter subsequently occurring; , nor shall will any waiver of any single breach or default be deemed a waiver of any other previous or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be in writing and shall will 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 will be cumulative and not alternative.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Capsource Financial Inc), Securities Purchase Agreement (Capsource Financial Inc), Securities Purchase Agreement (Capsource Financial Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 7 contracts
Samples: Nominating and Voting Agreement (Golden Matrix Group, Inc.), Nominating and Voting Agreement (King Duane H), Nominating and Voting Agreement (Us Energy Corp)
Delays or Omissions. 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 will impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall will 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 will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 are cumulative and not alternative.
Appears in 7 contracts
Samples: Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.), Shareholders’ Agreement (Tuscan Gardens Senior Living Communities, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this AgreementHolder, upon any breach or default of any other party the Company under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party Holder of any breach or default under this AgreementWarrant, or any waiver on the part of any party Holder of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Loan and Security Agreement (Beamr Imaging Ltd.), BioLineRx Ltd., Preferred Stock Purchase Agreement (WhiteSmoke, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any Unless otherwise expressly provided hereunder, any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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.
Appears in 7 contracts
Samples: Registration Rights Agreement (JMU LTD), Registration Rights Agreement (Xu Haohan), Registration Rights Agreement (Maodong Xu)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be 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.
Appears in 7 contracts
Samples: Master Agreement (Sonoma Systems), Preferred Stock Purchase Agreement (Netratings Inc), Preferred Stock Purchase Agreement (Sonoma Systems)
Delays or Omissions. No delay or omission to exercise any right, right power or remedy accruing to any party under this Agreement, or upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law Law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 6 contracts
Samples: Escrow Agreement (Neovasc Inc), Merger Agreement and Plan of Reorganization (eXegenics Inc), Merger Agreement and Plan of Reorganization (Wi-Tron, Inc.)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (Chemdex Corp), Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Preferred Stock and Warrant Purchase Agreement (Stamps Com Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this AgreementHolder, upon any breach or default of any other party the Company under this AgreementWarrant, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Holder 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. Any Subject to Section 8, any waiver, permit, consent or approval of any kind or character on the part of any party Holder of any breach or default under this AgreementWarrant, or any waiver on the part of any party Holder of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Warrant Agreement (Pluristem Life Systems Inc), Pluristem Life Systems Inc, Pluristem Life Systems Inc
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 6 contracts
Samples: Series Seed Preferred Stock Purchase Agreement, Series Seeda Preferred Stock Purchase Agreement, Preferred Stock Purchaseinvestment Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Share Purchase Agreement (eHi Car Services LTD), Investors’ Rights Agreement (eHi Car Services LTD), Investors’ Rights Agreement (eHi Car Services LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent if specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any partyparty to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Sale Agreement (Cancer Prevention Pharmaceuticals, Inc.), Investors’ Rights Agreement (Cancer Prevention Pharmaceuticals, Inc.), Preferred Stock Purchase Agreement (Cancer Prevention Pharmaceuticals, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Agreement, Agreement upon any the breach or default of any other party hereto under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of 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 a party hereto under this Agreement of any breach or default under this Agreement, or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any partya party hereto, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Stock Repurchase Agreement (AstroNova, Inc.), Stock Repurchase Agreement (Albert W. Ondis Declaration of Trust), Stock Repurchase Agreement (Astro Med Inc /New/)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Preferred Stock Subscription Agreement (Knightscope, Inc.), Series S Preferred Stock Purchase Agreement (Knightscope, Inc.), Preferred Stock Subscription Agreement (Knightscope, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any a party under this Agreement, upon any breach or default of any other another 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. Any waiver, permit, consent or approval of any kind or character on the part of any a party of any breach or default under this Agreement, or any waiver on the part of any a party of any provisions or conditions of this Agreement, must be 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 a party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Stock Purchase Agreement (ACM Research, Inc.), Stock Purchase Agreement (ACM Research, Inc.), Ordinary Share Purchase Agreement (ACM Research, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any a party under to this Agreement, Agreement upon any breach or default of any the other party under this Agreement, shall Agreement will impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall will 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 will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will 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 to this Agreement, shall will be cumulative and not alternative.
Appears in 5 contracts
Samples: Licensing and Collaboration Agreement (Zymeworks Inc.), Subscription Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or the Series C-3 Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party the Series C-3 Purchaser, 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 of 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 Seller Party or the Series C-3 Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or the Series C-3 Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series C-3 Purchaser shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Preferred Shares Purchase Agreement, Preferred Shares Purchase Agreement (Pinduoduo Inc.), Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementGroup Company, any Founder Party or Series D Purchaser, upon any breach or default of any other party Party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Group Company, Founder Party or non-defaulting party Series D Purchaser, 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 of 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 Group Company, any Founder Party or Series D Purchaser of any breach or default under this Agreement, Agreement or any waiver on the part of any party Group Company, any Founder Party or Series D Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any partythe Group Companies, the Founder Parties and the Series D Purchasers shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series D Preferred Shares Purchase Agreement, Series D Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series D Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 in equity or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc), Stock Purchase Agreement (Displaytech Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions provision or conditions condition of this Agreement, must be 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.
Appears in 4 contracts
Samples: Adoption Agreement (Lemonade, Inc.), Adoption Agreement (Lemonade, Inc.), Adoption Agreement (Rise Companies Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, or upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall will 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 will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writing. All Except as otherwise set forth herein, all remedies, either under this Agreement or by law Law or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Applied Nanotech Holdings, Inc), Voting and Conversion Agreement (Applied Nanotech Holdings, Inc), Voting Agreement (China Seed Ventures, L.P.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any the other party Party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Note Satisfaction and Securities Purchase Agreement (Lightpath Technologies Inc), Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or any Series B-4 Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party Series B-4 Purchaser, 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 of 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 Seller Party or any Series B-4 Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or any Series B-4 Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All Subject to Section 8.01, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series B-4 Purchaser shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Shares Purchase Agreement, Preferred Shares Purchase Agreement (Pinduoduo Inc.), Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 nondefaulting 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party Holder of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: ’s Rights Agreement (Sagent Technology Inc), Common Stock Rights Agreement (Sagent Technology Inc), Common Stock Rights Agreement (Sagent Technology Inc)
Delays or Omissions. No delay or omission to exercise any right, power 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 4 contracts
Samples: Investor Rights Agreement (Homeowners of America Holding Corp), Investor Rights Agreement (China Media Networks International Inc.), Security Agreement (Medical Solutions Management Inc.)
Delays or Omissions. 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-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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 4 contracts
Samples: Table of Contents (Mode Mobile, Inc.), Sale Agreement (Mode Mobile, Inc.), Sale Agreement (Mode Mobile, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or ------------------- omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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 nondefaulting 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Amendment Agreement (Numerical Technologies Inc), Stockholders Agreement (Cais Internet Inc), Shareholders Rights Agreement (Talk City Inc)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power power, or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any other party Party under this Agreement, shall Agreement will impair any such right, power power, or remedy of such non-breaching defaulting Party, nor will such delay or non-defaulting party nor shall it omission be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar subsequent breach or default thereafter occurring; default, nor shall will any waiver of any single breach or default be deemed a waiver of any other previous or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent consent, or approval of any kind or character on the part of by any party of Party with respect to any breach or default under this Agreement, or any waiver on the part of by any party Party of any provisions or conditions of this Agreement, Agreement must be in writing and shall will 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 to this Agreement, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (PACS Group, Inc.), Registration Rights Agreement (PACS Group, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.)
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and signed by the party charged with such waiver and such waiver 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.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Printcafe Software Inc), Preferred Stock Purchase Agreement (Printcafe Software Inc), Preferred Stock Purchase Agreement (Printcafe Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement, upon any breach the Related Agreements or default of any other party under this Agreementthe Restated Charter, shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default noncompliance thereafter occurring; 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 any party’s part of any party of any breach breach, default or default noncompliance under this Agreement, the Related Agreements or the Restated Charter or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, the Related Agreements or the Restated Charter must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, the Related Agreements or by law the Restated Charter or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Series F Preferred Stock Purchase Agreement (LendingClub Corp), Series E Preferred Stock Purchase Agreement (LendingClub Corp), Series D Preferred Stock Purchase Agreement (LendingClub Corp)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power or remedy accruing to the Company or any party under this Agreementother parties hereto or their respective successors or assigns, upon any breach or default of any other by another party hereto under this Agreement, Agreement shall impair any such right, power or remedy of the Company or such non-breaching other party or non-defaulting party their respective successors or assigns, as the case may be, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of a waiver of or acquiescence 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; provided, however, that this Section 8.6 shall not be interpreted to extend the date or time for any right, privilege or option beyond that expressly set forth elsewhere in this Agreement. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be 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, holder shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stock Purchase Agreement (B-Scada, Inc.), Stock Purchase Agreement (B-Scada, Inc.), Stock Purchase Agreement (Hotel Outsource Management International Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementparty, upon any breach breach, default or default of any other noncompliance by another party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default 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 noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the such party’s part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof. All remedies, either under this Agreement or Agreement, by law law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stockholders’ Agreement (Virgin Mobile USA, Inc.), Stockholders’ Agreement (Virgin Mobile USA, Inc.), Stockholders Agreement (Sk Telecom Co LTD)
Delays or Omissions. No Except as expressly provided herein, 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 another party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching party that is not in breach or non-defaulting party default 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 4 contracts
Samples: Registration Rights Agreement (National Oilwell Inc), Registration Rights Agreement (Serviceware Technologies Inc/ Pa), Registration Rights Agreement (Frontline Communications Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement, upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such any non-breaching or and non-defaulting party party, nor shall will it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence thereinin it, or of or in any similar breach breach, default 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 noncompliance later occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on the that party’s part of any party of any provisions or conditions of this Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writingthat writing and to the extent permitted under this Agreement. No waiver of any default with respect to any provision, condition or requirement of this Agreement will be deemed to be a continuing waiver in the future or a waiver of any other provision, condition or requirement hereof. All remedies, either under this Agreement or Agreement, by law Law, or otherwise afforded to any party, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Operating Agreement (New Clearwire CORP), Equityholders’ Agreement (Clearwire Corp), Equityholders’ Agreement (New Clearwire CORP)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party under to this Agreement, upon any breach or default of any the other party under to 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 4 contracts
Samples: Rights Agreement (Duolingo, Inc.), Investors’ Rights Agreement (IDEAYA Biosciences, Inc.), Investors’ Rights Agreement (Ideaya Biosciences, Inc.)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, upon any breach or default of any other party under this Agreement, the Subscription Documents shall impair any such right, power or remedy of such non-breaching or non-defaulting party remedy, nor shall it be construed to be a waiver 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 by the part of any non-breaching party of any breach or default by any other party under this Agreement, or any waiver on the part of any party thereby of any provisions or conditions of this Agreement, Agreement must be 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 or otherwise afforded to any the non-breaching party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Neuraxis, INC), Securities Purchase Agreement (Neuraxis, INC), Securities Purchase Agreement (Neuraxis, INC)
Delays or Omissions. No Except as expressly provided in this Agreement, no delay or omission to exercise any right, power power, or remedy accruing to any party under Party to this Agreement, Agreement upon any breach or default of any other party Party under this Agreement, shall Agreement will impair any such right, power power, or remedy of such non-breaching defaulting Party, nor will such delay or non-defaulting party nor shall it omission be construed to be a waiver of any such breach or default, or an acquiescence thereinin any such breach or default, or of or in any similar subsequent breach or default thereafter occurring; default, nor shall will any waiver of any single breach or default be deemed a waiver of any other previous or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent consent, or approval of any kind or character on the part of by any party of Party with respect to any breach or default under this Agreement, or any waiver on the part of by any party Party of any provisions or conditions of this Agreement, must be in writing and shall will 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 to this Agreement, shall will be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Capsource Financial Inc), Registration Rights Agreement (Capsource Financial Inc), Registration Rights Agreement (Capsource Financial Inc)
Delays or Omissions. 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-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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 Law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series a Preferred Unit Purchase Agreement (Tucows Inc /Pa/), Plan of Merger and Securities Purchase Agreement (Valens Company, Inc.), Share Purchase Agreement
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Shareholders Agreement (Cerberus Cyber Sentinel Corp), Lock Up Agreement (Cerberus Cyber Sentinel Corp), Shareholders Agreement (Cerberus Cyber Sentinel Corp)
Delays or Omissions. No Except as expressly provided herein, 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 another party the Company under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching party that is not in breach or non-defaulting party default 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Registration Rights Agreement (Carrizo Oil & Gas Inc), Registration Rights Agreement (Carrizo Oil & Gas Inc), Registration Rights Agreement (Edge Petroleum Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementparty, upon any breach or default of any other party under this Agreement, shall Agreement will impair any such right, power or remedy of such non-breaching party; no such delay or non-defaulting party nor shall it omission will 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 no waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring; and no provision of this Agreement shall be implied from any course of dealing between the parties hereto. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or of default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall will 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.
Appears in 3 contracts
Samples: Shareholders Agreement (Americold Realty Trust), Shareholders Agreement (Americold Realty Trust), Shareholders Agreement (Americold Realty Trust)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementholder of any Shares, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, Agreement or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (General Atlantic Partners LLC), Preferred Stock Purchase Agreement (Probusiness Services Inc), Purchase Agreement (Rhone Poulenc Rorer Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall it be construed to be a waiver 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 waiver, permit, consent or approval of any kind or of character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (King Venture Holdings LTD), Registration Rights Agreement (Temasek Holdings (Private) LTD), Registration Rights Agreement (21 Vianet Group, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Superconductor Technologies Inc), Preferred Stock Purchase Agreement (Participate Com Inc), Common Stock Purchase Agreement (Euphonix Inc \Ca\)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this AgreementSeller Party or any Series C Purchaser, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such non-breaching Seller Party or non-defaulting party Series C Purchaser, 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 of 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 Seller Party or any Series C Purchaser of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or any Series C Purchaser of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All Subject to Section 9.1, all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any party, the Seller Parties and the Series C Purchaser shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series C Preferred Shares Purchase Agreement (Pinduoduo Inc.), Series C Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD), Series C Preferred Shares Purchase Agreement (Walnut Street Group Holding LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power power, or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Amended and Restated Shareholders Agreement (Li Auto Inc.), Series D Preferred Share Purchase Agreement (Li Auto Inc.), Series D Preferred Share Purchase Agreement (Li Auto Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Standstill and Stock Restriction Agreement (Arcellx, Inc.), Standstill and Stock Restriction Agreement (Arcellx, Inc.), Standstill and Stock Restriction Agreement (Denali Therapeutics Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, Agreement upon any breach or default of any other party under this Agreement, 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Stockholders’ Agreement, Stockholders’ Agreement (Histogenics Corp), Membership Interest Purchase Agreement (TNP Strategic Retail Trust, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, hereto upon any breach or default of any other another party hereto under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party party, nor shall it be construed to be a waiver of any such breach or default, 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 of any breach or default under this Agreement, or any waiver on the part of any party hereto, of any provisions or conditions of this Agreement, must be 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 hereto, shall be cumulative alternative and not alternativecumulative.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Glu Mobile Inc), Series D Preferred Stock Purchase Agreement (Glu Mobile Inc), Preferred Stock Purchase Agreement (Lojack Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Purchase Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Conversion Agreement (TWO RIVERS WATER & FARMING Co), Conversion Agreement (TWO RIVERS WATER & FARMING Co), Conversion Agreement (TWO RIVERS WATER & FARMING Co)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party Party under this Agreement, upon any breach or default of any other party Party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Voting Agreement (FIGS, Inc.), Voting Agreement (DESRI Inc.), Voting Agreement (FIGS, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreementparty, upon any breach or default of any other party the Company or a Stockholder under this Agreement, Agreement shall impair any such right, power 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 thereinin any such breach or default, or of or in any similar breach or default thereafter occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter any such breach or default. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any 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 party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Sale Agreement (Q2 Holdings, Inc.), Sale Agreement (Q2 Holdings, Inc.), Adoption Agreement (RetailMeNot, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Investors’ Rights Agreement, upon any breach or default of any other party under this Investors’ Rights 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Investors’ Rights Agreement, or any waiver on the part of any party of any provisions or conditions of this Investors’ Rights Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Investors’ Rights Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Rights Agreement, Investors’ Rights Agreement (BeiGene, Ltd.), Investors’ Rights Agreement (BeiGene, Ltd.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any party under this Agreement, Party upon any breach or default of any other party Party under this Agreement, Agreement shall impair any such right, power power, or remedy of such non-breaching or non-defaulting party 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 occurring before or thereafter occurringafter such waiver. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Rights Agreement (Life Sciences Research Inc), Rights Agreement (Life Sciences Research Inc), Rights Agreement (Life Sciences Research Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreementthe named parties, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either whether under this Agreement or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Mindarrow Systems Inc, Mindarrow Systems Inc, Mindarrow Systems Inc
Delays or Omissions. 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 previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.alternative.
Appears in 3 contracts
Samples: Voting Agreement, Voting Agreement, Voting Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, upon any breach or default of any other party under to 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Sagimet Biosciences Inc.), Investors’ Rights Agreement (Sagimet Biosciences Inc.), ’ Rights Agreement (Sagimet Biosciences Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, the Companies or the Investors upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching the Companies or non-defaulting party the Investors 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. Any waiver, permit, consent or approval of any kind or character on the part of any party the Companies or the Investors of any breach or default under this Agreement, or any waiver on the part of any such party of any provisions or conditions of this Agreement, must be 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, the Companies or the Investors shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Global Signal Inc), Securities Purchase Agreement (Prison Realty Trust Inc), Securities Purchase Agreement (Pinnacle Holdings Inc)
Delays or Omissions. 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 party, nor shall it be construed to be a waiver of or acquiescence 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Sacks Bradley J.), Registration Rights Agreement (ULURU Inc.), Registration Rights Agreement (Sacks Michael Ivan)
Delays or Omissions. No delay or omission to exercise any right, power or remedy rem- edy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall will impair any such right, power or remedy of such non-breaching or non-non- defaulting party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence acqui- escence therein, or of or in any similar breach or default thereafter occurring; nor shall will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 are cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock Investment Agreement, Preferred Stock Investment Agreement, Preferred Stock Investment Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreementof the parties hereto, upon any breach or default of any of the other party parties hereto 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. 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 hereto of any 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 partyparty hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Cellomics Inc), Preferred Stock and Warrant Purchase Agreement (Cellomics Inc), Series C Preferred Stock Purchase Agreement (Cellomics Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party under this Agreement, upon any breach or default of any the 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. Any waiver, permit, consent or approval of any kind or character on the part of any either party of any breach or default under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, must be 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 either party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (ACM Research, Inc.), Securities Purchase Agreement (ACM Research, Inc.), Securities Purchase Agreement (ACM Research, Inc.)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party under this Agreementholder of any securities issued or sold or to be issued or sold hereunder, upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party holder 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. Any waiver, permit, consent or approval of any kind or character on the part of any party holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Anchor Pacific Underwriters Inc, Anchor Pacific Underwriters Inc, Anchor Pacific Underwriters Inc
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under pursuant to this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part hereto of any party of any breach or default under pursuant to this Agreement, or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under pursuant to this Agreement or by law or otherwise afforded to any party, party to this Agreement shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Maxeon Solar Technologies, Ltd.), Registration Rights Agreement (Maxeon Solar Technologies, Ltd.), Convertible Notes Purchase Agreement (Maxeon Solar Technologies, Ltd.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under to this Agreement, Agreement upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such non-breaching or non-non- defaulting party 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Doximity, Inc.), Investors’ Rights Agreement (Doximity, Inc.), Investors’ Rights Agreement (Vaxcyte, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power 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 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Investor Rights Agreement (Brookside Technology Holdings, Corp.), Investor Rights Agreement (Brookside Technology Holdings, Corp.), Investor Rights Agreement (Cruisestock Inc.)
Delays or Omissions. 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 will impair any such right, power or remedy of such non-breaching or non-non- defaulting party nor shall will 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 will 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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 are cumulative and not alternative.
Appears in 3 contracts
Samples: Series a Preference Shares Exchange Agreement, Investment Agreement, Series Seed Preferred Stock Subscription Agreement
Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be 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.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (LEGALZOOM.COM, Inc.), Investors’ Rights Agreement (Legalzoom Com Inc), Preferred Stock Purchase Agreement (Planet Zanett Inc)