Common use of Delays or Omissions Clause in Contracts

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 783 contracts

Samples: Registration Rights Agreement, Investors’ Rights Agreement (ServiceTitan, Inc.), Investors’ Rights Agreement (Cerebras Systems Inc.)

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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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 72 contracts

Samples: Investors’ Rights Agreement (Maplebear Inc.), Investors’ Rights Agreement (Energy Exploration Technologies, Inc.), Series B Preferred Stock Purchase Agreement (Energy Exploration Technologies, 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 nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 53 contracts

Samples: Investors’ Rights Agreement (Upstream Bio, Inc.), Investors’ Rights Agreement (Rogue Baron PLC), Stockholders Agreement (WeWork Inc.)

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, upon any breach or default of any other party under this Agreementhereto, shall impair any such right, power, power or remedy of to such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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, whether remedies either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 52 contracts

Samples: Exclusive License Agreement (Denali SPAC Holdco, Inc.), Exclusive License Agreement (MDxHealth SA), Exclusive License Agreement (MDxHealth SA)

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 Party under this Agreement, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of 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 of any breach or default under this Agreement or any waiver thereof, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any party, the Parties shall be cumulative and not alternative.

Appears in 37 contracts

Samples: Share Purchase Agreement (AMTD Group Co LTD), Share Purchase Agreement (AMTD Group Co LTD), Share Purchase Agreement (AMTD Digital 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, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 37 contracts

Samples: Note Purchase Agreement (iSign Solutions Inc.), Note and Warrant Purchase Agreement (iSign Solutions Inc.), Note Purchase Agreement (iSign Solutions 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 nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 18 contracts

Samples: Protection Agreement (Canopy Growth Corp), Protection Agreement (TerrAscend Corp.), Protection Agreement (Canopy Growth Corp)

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 14 contracts

Samples: Investors’ Rights Agreement (Samsara Inc.), Investors’ Rights Agreement (Castle Creek Biosciences, Inc.), Investors’ Rights Agreement (Seer, 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, nor any partial exercise thereof, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 11 contracts

Samples: Registration Rights Agreement (BioPharmX Corp), Standstill Agreement (BioPharmX Corp), Registration Rights Agreement (BioPharmX 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 nonbreaching or nondefaulting party, nor shall will it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall will be cumulative and not alternative.

Appears in 10 contracts

Samples: Voting Agreement (Guess Inc), Voting Agreement (Guess Inc), Voting Agreement (Guess 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, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 7 contracts

Samples: Investors’ Rights Agreement (Akoya Biosciences, Inc.), Investors’ Rights Agreement (Instil Bio, Inc.), Investors’ Rights Agreement (Instil Bio, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such the nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or waiver of or acquiescence in any similar breach or default theretofore or 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyHolder, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Investor Rights Agreement (Unity Software Inc.), Registration Rights Agreement (Greenwich LifeSciences, Inc.), Investor Rights Agreement (Tubemogul Inc)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other or another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Tube Media Corp.), Stock Purchase Agreement (AGU Entertainment Corp.), Stock Purchase Agreement (AGU Entertainment Corp.)

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 nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Note Purchase Agreement (Opgen Inc), Note Purchase Agreement (Opgen Inc), Common Stock and Note Purchase Agreement (Opgen Inc)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such the nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default theretofore or 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyHolder, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Investor Rights Agreement, Investor Rights Agreement (Zuora Inc), Investor Rights Agreement (Rocket Fuel Inc.)

Delays or Omissions. No Except as otherwise provided herein to the contrary, no delay or omission to exercise any right, power, power or remedy accruing inuring to any party under this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether remedies either under this Agreement or by law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Master Agreement, Entertainment Center Development Agreement, Entertainment Center Development Agreement

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Common Stock and Warrants Purchase Agreement (Ramtron International Corp), Purchase Agreement (Faxsav Inc), Stock Purchase Agreement (Commodore Applied Technologies Inc)

Delays or Omissions. No Except as set forth in Section 2.1(c) (with respect to the Company’s failure to object promptly to a transfer), 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Relay Therapeutics, Inc.), Investors’ Rights Agreement (Relay Therapeutics, Inc.), Investors’ Rights Agreement (Magenta Therapeutics, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Shares Subscription Agreement, Shares Subscription Agreement (Lifetime Brands, Inc), Stock Purchase Agreement (Speedemissions 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, power or remedy of such nonbreaching non- breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Ordinary Share Purchase Agreement (Polyrizon Ltd.), Ordinary Share Purchase Agreement (Polyrizon Ltd.), Ordinary Share Purchase Agreement (Polyrizon Ltd.)

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Registration Rights Agreement (Remark Media, Inc.), Registration Rights Agreement (Remark Media, Inc.), Unit Purchase Agreement (Remark Media, 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, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Ordinary Share Purchase Agreement (Polyrizon Ltd.), Ordinary Share Purchase Agreement (Xylo Technologies LTD), Stockholders’ Agreement (Isonics Corp)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing to any party under this Agreementa party, upon any breach or default of any the other party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, the party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any partyholder, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Stock Purchase Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/), Stock Purchase Agreement (American Cellular Corp /De/)

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, upon any breach or default of any other party under this Agreementhereto, shall impair any such right, power, power or remedy of to such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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, whether remedies either under this Agreement or by law or otherwise afforded to any party, party shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Exclusive License Agreement (BIND Therapeutics, Inc), Exclusive License Agreement (BIND Therapeutics, Inc), Exclusive License Agreement (Xcelthera, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. 1. Guaranteed EZPay™ Plan (GEP)

Appears in 3 contracts

Samples: Merchant Agreement, Merchant Agreement, Merchant 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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 heretofore or thereafter occurring. All remedies, 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 (Brooklyn ImmunoTherapeutics, Inc.), Registration Rights Agreement (ACM Research, Inc.), Registration Rights Agreement (ACM Research, 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, nor any partial exercise thereof, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Stock Purchase Agreement (KalVista Pharmaceuticals, Inc.), Securities Purchase Agreement (Sap Se), Securities Purchase Agreement (Castlight Health, 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 the party to whom such nonbreaching right, power or nondefaulting partyremedy accrues, nor shall it any such delay or omission be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether 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 (Schrodinger, Inc.), Investors’ Rights Agreement (Schrodinger, Inc.), Investors’ Rights Agreement (Schrodinger, Inc.)

Delays or Omissions. No Except as set forth in Section 7.6 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 party under this Agreement, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether 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, Investors’ Rights Agreement (Upwork Inc.), Investors’ Rights Agreement (Upwork 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, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether 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 (Gatsby Digital, Inc.), Investor Rights Agreement (Gatsby Digital, Inc.), Investors' Rights Agreement

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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, 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 (Rani Therapeutics Holdings, Inc.), Registration Rights Agreement (ZoomInfo Technologies Inc.), Registration Rights Agreement (ZoomInfo Technologies 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 nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Super League Gaming, Inc.), Investors’ Rights Agreement (Super League Gaming, 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 breach, default or default of any other noncompliance by another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting partyremedy, nor shall it be construed to be a waiver of or acquiescence to any such breach breach, default or defaultnoncompliance, or to 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. All remediesAny waiver, whether consent or approval of any kind or character on the Purchaser's part in connection with any breach, default or noncompliance under this Agreement Agreement, or by law any waiver on such party's part of any provisions or otherwise afforded to any partyconditions of this Agreement, shall be cumulative in writing and not alternativeshall be effective only to the extent specifically set forth in such writing.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sands Steven B), Stock Purchase Agreement (Rellance Security Group PLC)

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 nonbreaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investors Rights Agreement (Tesseract Collective, Inc.), Investors' Rights Agreement

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, the parties hereto shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting partythe parties hereto, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or law, otherwise afforded to any partythe parties hereto, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Master Agreement (Seanergy Maritime Corp.), Master Agreement (Seanergy Maritime Corp.)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing inuring to any party under this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such rightrights, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or of default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether remedies either under this Agreement or by law or otherwise afforded to any party, the parties shall be cumulative and or not alternative.

Appears in 2 contracts

Samples: Exchange Agreement (Cellstar Corp), Purchase Agreement (Cellstar 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Super League Gaming, Inc.), Investors’ Rights Agreement (Super League Gaming, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. ​ ​ ​ ​

Appears in 2 contracts

Samples: Registration Rights Agreement (Virios Therapeutics, Inc.), Registration Rights Agreement (Virios Therapeutics, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Shares), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement (Interneuron Pharmaceuticals Inc), Stock Purchase Agreement (Seracare Inc)

Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party Party under 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 nonbreaching non-breaching or nondefaulting partynon-defaulting Party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Royalty Purchase Agreement (Medical Imaging Corp.), Royalty Purchase Agreement (Medical Imaging Corp.)

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, the respective Parties hereunder shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting partythe Parties, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any party, the Parties shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stock Purchase Agreement (National Asset Recovery Corp.), Stock Purchase Agreement (Nasus Consulting, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. ​ ​ ​

Appears in 2 contracts

Samples: Share Exchange Agreement (Virios Therapeutics, Inc.), Share Exchange Agreement (Virios Therapeutics, 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, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Acquisition Consulting Agreement (Capital Title Group Inc), Acquisition Consulting and Investor Relations Agreement (Sunrise Preschools Inc/De/)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing inuring to any party under this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether remedies either under this Agreement or by law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Exchange Agreement (Cellstar Corp), Purchase Agreement (Cellstar 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [signatures on next page]

Appears in 2 contracts

Samples: Investor Rights Agreement (Actuate Therapeutics, Inc.), Investor Rights Agreement (Actuate Therapeutics, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. ACTIVE/119579555.22

Appears in 2 contracts

Samples: Investors’ Rights Agreement (PureTech Health PLC), Investors’ Rights Agreement (PureTech Health PLC)

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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. (Signature page follows)

Appears in 2 contracts

Samples: Registration Rights Agreement (Vaxxinity, Inc.), Registration Rights Agreement (Vaxxinity, Inc.)

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 nonbreaching non-breaching or nondefaulting party, non-defaulting Party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Purchase, Sale and Investment Agreement (Ivanhoe Electric Inc.), Securities Purchase Agreement (Tempo Automation 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 nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investment Agreement (Neuraxis, INC), Registration Rights Agreement

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under Party to 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 nonbreaching non-breaching or nondefaulting partynon-defaulting Party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of 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 therefor or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 1 contract

Samples: First Refusal and Co Sale Agreement (Despegar.com, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law applicable Law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Series X Preferred Investor Rights Agreement (InterPrivate III Financial Partners Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting and Support Agreement (Vincera Pharma, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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 theretofore, or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Commodore Applied Technologies 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [SIGNATURES FOLLOW]

Appears in 1 contract

Samples: Registration Rights Agreement (Dermavant Sciences LTD)

Delays or Omissions. No delay or omission to exercise any right, power, power or ------------------- remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Roberts Pharmaceutical 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, Party hereunder shall impair any such right, power, or remedy of such nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or defaultdefault under this Agreement, or to an acquiescence therein, or of any similar breach or default thereafter occurring, ; nor shall any failure to exercise any right, power, or remedy or any waiver of any single breach or default be deemed a waiver of any other right, power, or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Med One Oak, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing to any a party under to this Agreement, upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of any breach or default under this Agreement, or any acquiescence therein, or any waiver of or acquiescence to any such breach or default, or to in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy accruing to a party to this Agreement or any waiver by such party of any single breach or default by any other party be deemed a waiver by such party of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Loan Agreement (Voice Diary 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [Signature Page(s) Follow(s)]

Appears in 1 contract

Samples: Note Purchase Agreement (Data Systems & Software Inc)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or is any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Commodore Applied Technologies 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.alternative.‌

Appears in 1 contract

Samples: Investors’ Rights 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. ​ ​

Appears in 1 contract

Samples: Securities Purchase Agreement (Cara Therapeutics, Inc.)

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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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurringoccurring before or thereafter, 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 occurringthereafter. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investor Rights Agreement (Arteris, 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, power or remedy of such nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting and Bring Along 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Samples: Investors’ Rights Agreement (Alto Neuroscience, 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 the other party under this Agreement, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting partyremedy, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All It is further agreed that all remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any partya party under this Agreement, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting Agreement (Reply! Inc)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching or nondefaulting party, non-breaching party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bentley Systems 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, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remediesAny waiver, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.permit,

Appears in 1 contract

Samples: Voting Agreement (Bird Global, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such the nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default theretofore or 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. All remedies, whether either under this Agreement or by law or otherwise afforded to any partyStockholder, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholders’ Agreement (Sweetgreen, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any either party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Put and Call Agreement (Sacks Michael Ivan)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this AgreementParty or RIH, upon any breach or default of any other party under this AgreementParty, shall impair any such right, power, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting Party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hilltop Holdings Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement Agreement, available at law or by law in equity, or otherwise afforded or available to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Icts International N V)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Common Stock), upon any breach or default of any other or another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Securities Purchase Agreement (Pc Universe 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall will it be construed to be a waiver of or acquiescence to any such breach or default, or to 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. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall will be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Biomerica 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Apogee 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, power or remedy of such nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by applicable law or otherwise afforded to any party, shall be cumulative and not alternativeexclusive.

Appears in 1 contract

Samples: Management Agreement

Delays or Omissions. No delay or omission to exercise of a Party in exercising 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, it shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting partyremedy, nor shall it be construed to be a waiver of any breach or default under this Agreement, or any acquiescence therein, or any waiver of or acquiescence to any such breach or default, or to in any similar breach or default thereafter occurring, ; nor shall any delay or omission to exercise any right, power or remedy accruing to a Party or any waiver by a Party of any single breach or default by any other Party be deemed a waiver by such Party of any other right, power or remedy or breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any partya Party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Restructuring Agreement (EMC International 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 nonbreaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [SIGNATURE PAGES FOLLOW]

Appears in 1 contract

Samples: Series a Preferred 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 nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. (signature page follows)

Appears in 1 contract

Samples: Investor and Registration Rights Agreement (Pangaea Logistics Solutions 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. Successors and Assigns; No Third Party Beneficiaries.

Appears in 1 contract

Samples: Shareholder Agreement (Presidio Property Trust, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Common Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Vitafort International Corp)

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 nonbreaching non-breaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Rani Therapeutics Holdings, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreementhereto, upon any breach or default of any other party under this Agreementhereto, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Rain Therapeutics 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 nonbreaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [Signature page follows] INVESTOR RIGHTS AGREEMENT

Appears in 1 contract

Samples: Investor Rights Agreement (Akanda Corp.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any a party under this Agreement, hereto upon any breach or default under this Agreement of any the other party under this Agreement, hereto shall impair any such right, power, power or remedy of such nonbreaching the non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any acquiescence therein, or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or of default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Loan Agreement (Astoria Financial Corp)

Delays or Omissions. No delay or omission to exercise any right, power, 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, power or remedy of such nonbreaching or nondefaulting party, non-breaching party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remediesAny waiver, whether under this Agreement or by law or otherwise afforded to any partypermit, shall be cumulative and not alternative.consent or

Appears in 1 contract

Samples: Rights Agreement (Alliance Fiber Optic Products 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Coinbase Global, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, 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 nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, default or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Tactile Systems 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, power or remedy of such nonbreaching non-breaching or nondefaulting party, non-defaulting party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remediesAny waiver, whether under this Agreement permit, consent or by law or otherwise afforded to approval of any party, shall be cumulative and not alternative.kind or

Appears in 1 contract

Samples: Series 6 a Preferred Stock and Warrant Purchase Agreement (Tri-Isthmus Group, Inc.)

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under to this AgreementAgreement (including any holder of Stock), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or of default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Softnet Systems 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 nonbreaching or nondefaulting partyParty, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law Law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Shareholder Agreement (Huize 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 this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting non‑defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Nuwellis, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [Remainder of this page intentionally left blank]

Appears in 1 contract

Samples: Investor's Rights Agreement (Chimerix Inc)

Delays or Omissions. No delay or omission to exercise any right, power, 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 an such right, power, power or remedy of such nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by applicable law or otherwise afforded to any party, shall be cumulative cumulative, and not alternativeexclusive.

Appears in 1 contract

Samples: Management Agreement (Evolving Systems Inc)

Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to any party under this AgreementSchedule, upon any breach or default of any other party under this AgreementSchedule, shall impair any such right, power, or remedy of such nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement Schedule or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (ZIM Integrated Shipping Services Ltd.)

Delays or Omissions. No delay or omission to exercise any right, power, ------------------- power or remedy accruing to any party under to this AgreementAgreement (including any holder of the Note or the Warrant), upon any breach or default of any other another party under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Note Purchase Agreement (Blue Rhino 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [signature page follows]

Appears in 1 contract

Samples: Registration Rights Agreement (GigOptix, 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 nonbreaching or nondefaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to 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 theretofor or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Cesca Therapeutics 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 nonbreaching or nondefaulting non- defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [SIGNATURE PAGES FOLLOW] SIGNATURE PAGE TO INVESTORS’ RIGHTS AGREEMENT

Appears in 1 contract

Samples: Series a Preferred 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 nonbreaching non-breaching or nondefaulting non-defaulting party, nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, whether under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.. [SIGNATURE PAGE FOLLOWS]

Appears in 1 contract

Samples: Investor Rights Agreement

Delays or Omissions. No delay or omission to exercise any right, power, power or remedy accruing to any party under this Agreement, hereto upon any breach or default of any other party the Company under this Agreement, shall impair any such right, power, power or remedy of such nonbreaching or nondefaulting party, party nor shall it be construed to be a waiver of or acquiescence to any such breach or default, or to an acquiescence therein, or of or in any similar breach or default thereafter thereunder 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. All remedies, whether either under this Agreement Agreement, or by law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholders' Agreement (Cherokee International Corp)

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