Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 236 contracts
Samples: Stock Option Grant Agreement (Siga Technologies Inc), Restricted Stock Unit Grant Agreement (Siga Technologies Inc), Performance Based Restricted Stock Unit Grant Agreement (Siga Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default 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 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 215 contracts
Samples: Executive Restricted Stock Unit Grant Agreement (Sabre Corp), Executive Restricted Stock Unit Grant Agreement (Sabre Corp), Stock Option Grant Agreement (Graftech International LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 62 contracts
Samples: Restricted Stock Performance Unit Award Agreement (Kraton Corp), Restricted Stock Performance Unit Inducement Award Agreement (Kraton Corp), Restricted Stock Performance Unit Award Agreement (Kraton Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default 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 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 47 contracts
Samples: Annual Time Based Restricted Stock Unit Grant Agreement (Under Armour, Inc.), Performance Based Restricted Stock Unit Grant Agreement (Under Armour, Inc.), Performance Based Restricted Stock Unit Grant Agreement (Under Armour, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any party under this Agreementthe other party, shall impair any such right, power or remedy of such party, non-breaching 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 or of any provisions or conditions of this Agreement, must be made in a writing signed by such party 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 holder, shall be cumulative and not alternative.
Appears in 35 contracts
Samples: Investors' Rights Agreement, Investors’ Rights Agreement (AltheaDx, Inc.), Investors’ Rights Agreement (Homeaway Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party 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 (Care Concepts I Inc /Fl/), Stock Purchase Agreement (Securus Technologies, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Option Grant Agreement, shall impair any such right, power or remedy of such 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, 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 Option Grant Agreement, or any waiver on the part of any party or any provisions or conditions of this Option Grant Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 27 contracts
Samples: Option Grant Agreement (Under Armour, Inc.), Option Grant Agreement (Under Armour, Inc.), Performance Based Option Grant Agreement (Under Armour, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 27 contracts
Samples: Incentive Compensation Plan (Light & Wonder, Inc.), Incentive Compensation Agreement (Light & Wonder, Inc.), Incentive Compensation Agreement (Light & Wonder, 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 hereto upon any breach or default of any party under to this Agreement, Agreement shall impair any such right, power or remedy of such 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 to this Agreement, shall be cumulative and not alternative.
Appears in 27 contracts
Samples: Registration Rights Agreement (Teraforce Technology Corp), Recapitalization Agreement (Black Warrior Wireline Corp), Registration Rights Agreement (Coastal 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 hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 a 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 21 contracts
Samples: Investors’ Rights Agreement (Intuity Medical, Inc.), Investors’ Rights Agreement (Intuity Medical, Inc.), Share Exchange Agreement (Republic Power Group LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of of, or acquiescence in, any such breach or default, or an acquiescence therein, or of or in any similar breach or default 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 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 18 contracts
Samples: Stock Option Grant Agreement (Neiman Marcus, Inc.), Stock Option Grant Agreement (Neiman Marcus, Inc.), Stock Option Grant Agreement (Neiman Marcus, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any party under this Agreementthe other party, shall impair any such right, power or remedy of such party, non-breaching 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 or of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 18 contracts
Samples: Investors’ Rights Agreement (Montrose Environmental Group, Inc.), Investors’ Rights Agreement, Investors' Rights Agreement
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default 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 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 or of any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 15 contracts
Samples: Employee Cash Performance Unit Award Agreement (Gannett Co., Inc.), Employee Restricted Stock Unit Grant Agreement (Gannett Co., Inc.), Employee Cash Performance Unit Award Agreement (Gannett Co., Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Award Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Award Agreement, or any waiver on the part of any party or any provisions or conditions of this Award Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 14 contracts
Samples: Restricted Stock Unit Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Agreement (Genco Shipping & Trading LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.
Appears in 13 contracts
Samples: Executive Officer Restricted Stock Unit Agreement (Vishay Intertechnology Inc), Phantom Stock Unit Agreement (Vishay Intertechnology Inc), Restricted Stock Unit Agreement (Vishay Intertechnology Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party under this Grant Agreement, shall impair any such right, power or remedy of such 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 Grant Agreement, or any waiver on the part of any party or any provisions or conditions of this Grant Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 12 contracts
Samples: Grant Agreement (Loral Space & Communications Inc.), Grant Agreement (Non Qualified Share Options/Tandem Sars), Grant Agreement (Loral Space & Communications Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such partyParty, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall it be construed to be 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, Agreement or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 10 contracts
Samples: Investor Rights Agreement (Xpeng Inc.), Share Purchase Agreement (Xpeng Inc.), Share Subscription Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any the other party under this Agreement, Agreement shall impair any such right, power or remedy of such first 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 holder of any breach or default under this Agreement, or any waiver on the part of any party or holder of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement.
Appears in 7 contracts
Samples: LLC Membership Interest Purchase Agreement (West Coast Realty Trust, Inc.), LLC Membership Interest Purchase Agreement (West Coast Realty Trust, Inc.), LLC Membership Interest Purchase Agreement (Enable Ipc Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such 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 by the part of any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.
Appears in 6 contracts
Samples: Grant Schedule (Five Below, Inc), Grant Agreement (Five Below, Inc), Award Agreement for Restricted Stock Units (Bojangles', 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 hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 a 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 of default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 6 contracts
Samples: Right of First Refusal and Co Sale Agreement (Entellus Medical Inc), Registration Rights Agreement (Granite City Food & Brewery LTD), Debt Conversion Agreement (Granite City Food & Brewery LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any a party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 either party of any breach or default under this Agreement, or any waiver on the part of any either party or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party 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 a party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Network Access Agreement (Earthlink Network Inc), Wholesale Usage Agreement (Rocky Mountain Internet Inc), Wholesale Usage Agreement (Rocky Mountain Internet 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 hereto upon any breach or default of any party under this Agreement, shall Agreement will impair any such right, power or remedy of such party, party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a similar breach or of 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 hereto of any breach or default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.
Appears in 6 contracts
Samples: Registration Rights Agreement (West Texas Resources, Inc.), Registration Rights Agreement (Artificial Life Inc), Registration Rights Agreement (Petro Resources Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party, upon any breach or default of any party under this Agreementother Party, shall impair any such right, power or remedy of such party, 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 Party of any breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party 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: Infrastructure Development and Acquisition Agreement, Class B Common Stock Purchase Agreement, Infrastructure Development and Acquisition Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party a Party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 or either Party of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party 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 a Party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Joint Marketing and Services Agreement (Ixc Communications Inc), Joint Marketing and Services Agreement (Psinet Inc), Joint Marketing and Services Agreement (Ixc Communications Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any another party under this Agreement, Voting Agreement shall impair any such right, power power, or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 Voting Agreement, or any waiver on the part of any party or of any provisions or conditions of this Voting Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Voting Agreement. All remedies, either under this Voting Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Voting Agreement (My Size, Inc.), Voting Agreement (Pell Lewis C), Voting Agreement (Cogentix Medical Inc /De/)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such 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 by any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.
Appears in 6 contracts
Samples: Inducement Award Agreement for Restricted Shares (Wisa Technologies, Inc.), Restricted Stock Award Agreement (LogicMark, Inc.), Inducement Award Agreement for Restricted Shares (Summit Wireless Technologies, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall will impair any such right, power or remedy of such 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.
Appears in 6 contracts
Samples: Inducement Award Agreement for Restricted Stock Units (Recro Pharma, Inc.), Award Agreement for Restricted Stock Units (Recro Pharma, Inc.), Award Agreement for Restricted Stock Units (Recro Pharma, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any either party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 6 contracts
Samples: Restricted Stock Grant Agreement (Lp Innovations Inc), Restricted Stock Grant Agreement (Lp Innovations Inc), Restricted Stock Grant Agreement (Lp Innovations Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such partyremedy, nor shall it be construed to be a waiver of or acquiescence in any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any . A waiver of any single breach or default shall not 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 or any provisions or conditions of this Agreement, must be made in a writing signed by such party 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 5 contracts
Samples: Registration Rights Agreement (AgeX Therapeutics, Inc.), Registration Rights Agreement (AgeX Therapeutics, Inc.), Registration Rights Agreement (AgeX Therapeutics, 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 hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 a 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 the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 5 contracts
Samples: Investors Rights Agreement (BeneChill, Inc.), Registration Rights Agreement (Entellus Medical Inc), Investors Rights Agreement (Entellus Medical Inc)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party hereto Party hereto, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, Party nor shall it be construed to be a waiver of 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, Agreement or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party 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 5 contracts
Samples: Series B 1 Preference Share Subscription Agreement (58.com Inc.), Series B 1 Preference Share Subscription Agreement (58.com Inc.), Share Transfer Agreement (Chinacast Education Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto 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 party, 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Fuse Medical, Inc.), Shareholder Agreement, Voting Agreement (Fuse Medical, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing..
Appears in 5 contracts
Samples: Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party under this Agreement, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non-defaulting 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 provision or any provisions or conditions condition of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 5 contracts
Samples: Voting Agreement (Aptera Motors Corp), Voting and First Refusal Agreement (BOSTON OMAHA Corp), Voting Agreement (WayBetter, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 5 contracts
Samples: Restricted Stock Unit Agreement (FCB Financial Holdings, Inc.), Incentive Stock Option Grant Agreement (FCB Financial Holdings, Inc.), Incentive Stock Option Grant Agreement (Bond Street Holdings Inc)
Delays or Omissions. No Except as expressly provided by this AGREEMENT, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreementparty, shall impair any such right, power or remedy of to such 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 prior or subsequent breach or default theretofore or thereafter occurringdefault. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this AgreementAGREEMENT, or any waiver on the part of any party or of any provisions or conditions of this AgreementAGREEMENT, must be in a writing signed by such party 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: Exclusive License Agreement (Inhibitor Therapeutics, Inc.), Exclusive License Agreement (Denali SPAC Holdco, Inc.), Exclusive License Agreement (BullFrog AI Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 4 contracts
Samples: Performance Prsu Grant Agreement (Genco Shipping & Trading LTD), Performance Prsu Grant Agreement (Genco Shipping & Trading LTD), Performance Prsu Grant Agreement (Genco Shipping & Trading LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto Party upon any breach or default of any party another Party under this Agreement, Agreement shall impair any such right, power power, or remedy of such partyParty, 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 or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 Party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Merrick Venture Management, LLC), Securities Purchase Agreement (Tribune Publishing Co), Securities Purchase Agreement (McCormick Media LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Warrant, upon any breach or default of any other party under this AgreementWarrant, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or of any provisions or conditions of this AgreementWarrant, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 4 contracts
Samples: Warrant Agreement (Elong Power Holding Ltd.), Warrant Agreement (Puxin LTD), Warrant Agreement (Puxin 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 hereto to this Agreement, upon any breach or default of any by the other party under this Agreement, shall impair any such rightparty, power or remedy of such 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 or of any provisions or conditions of this Agreementagreement, must be in a writing signed by such party 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: Stock Purchase Agreement (Security Associates International Inc), Merger Agreement (Security Associates International Inc), Stock Purchase Agreement (Security Associates International Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement, upon any the breach or default of any the other party under this Agreement, shall will impair any such right, power or remedy of such party, non-breaching 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 the party or of any provisions or conditions of this Agreement, must be made in a writing signed by such party 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 the parties, will be cumulative and not alternative.
Appears in 4 contracts
Samples: Registration Rights Agreement (Forbes Energy Services Ltd.), Subscription Agreement (Forbes Energy Services Ltd.), Registration Rights Agreement (Forbes Energy Services Ltd.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 modification, 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 provision or any provisions or conditions condition of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 4 contracts
Samples: Executive Long Term Cash Incentive Award Agreement (Apollo Strategic Growth Capital), Executive Long Term Cash Incentive Award Agreement (Apollo Strategic Growth Capital), Executive Long Term Cash Incentive Award Agreement (Apollo Strategic Growth Capital)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto or any subsequent holder of any Securities upon any breach breach, default or default noncompliance of any other party under this Agreement, Agreement or under the Certificate of Incorporation or Bylaws of the Company shall impair any such right, power power, or remedy of such partyremedy, 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 waiver, permit, consent consent, or approval of any kind or character on the any party's part of or to any party of any breach breach, default or default noncompliance under this Agreement, Agreement or under the Certificate of Incorporation or Bylaws of the Company or any waiver on the any party's part of any party or any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing; and all remedies, either under this Agreement, the Certificate of Incorporation or Bylaws, any law, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Convertible Note Purchase Agreement (Mercantile Equity Partners Iii L P), Exchangeable Note and Warrant Purchase Agreement (Vsource Inc), Convertible Note Purchase Agreement (Vsource Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, 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 Party of any breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Shareholders Agreement (OneSmart International Education Group LTD), Shareholders Agreement (OneSmart International Education Group LTD), Shareholders Agreement
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto either 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 partyremedy, 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 consent, or approval of any kind or character on the part of any either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party the parties 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 either party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investor Rights Agreement (Array Biopharma Inc), Unit Purchase Agreement (Financial Commerce Network Inc), Shareholders Agreement (Array Biopharma Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto either 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 partyremedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, therein or of or in any similar breach or of default thereafter occurring, ; nor shall shal 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 either party of any breach or default by the other party under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party the parties 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 either party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Blue Star Coffee Inc), Common Stock Purchase Agreement (Blue Star Coffee Inc), Common Stock Purchase Agreement (Blue Star Coffee 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 hereto to this Agreement upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Option Agreement (Mazal Resources B.V.), Shareholders Agreement (R.V.B. Holdings LTD), Share Purchase Agreement (Greenstone Industries 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 hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power power, or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a 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 hereto of any breach or default under this Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Share Exchange Agreement (Crucial Innovations, Corp.), Share Transfer Agreement (American Education Center, Inc.), Share Exchange Agreement (American Education Center, Inc.)
Delays or Omissions. No delay or omission to exercise in exercising any right, power power, or remedy accruing to of any party hereto 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 partyremedy, 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. To be effective, 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 to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in writing. Unless otherwise specified in this Agreement, all remedies of a writing signed by such party and for a breach of this Agreement shall be effective only to the extent specifically set forth in such writingcumulative.
Appears in 3 contracts
Samples: Share Exchange Agreement (Datameg Corp), Share Exchange Agreement (Viola Group Inc), Share Exchange Agreement (Viola Group Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under to this Agreement, Agreement shall impair any such right, power or remedy of such 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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: Series D Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC), Series E Non Voting Preferred Stock and Warrant Purchase Agreement (Technology Crossover Management Iv LLC), Series C Preferred Stock Purchase Agreement (Technology Crossover Management Iv LLC)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default 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 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Stock Option Grant Agreement (Semler Scientific, Inc.), Stock Option Grant Agreement (J Crew Operating Corp), Stock Option Grant Agreement (J Crew Operating 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 hereto upon any breach or default of any party under to this Agreement, shall impair any such right, power or remedy of such 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 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Bionumerik Pharmaceuticals Inc), Stock Purchase Agreement (Bionumerik Pharmaceuticals Inc), Stock Purchase Agreement (Bionumerik 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 hereto upon any breach or default of any party Party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 a 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 Party of any breach or default under this the Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Voting Agreement (Entellus Medical Inc), Voting Agreement (Reuter Manufacturing Inc), Voting Agreement (Reissner J L)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 a 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 hereto of any breach or of default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 (First California Financial Group, Inc.), Registration Rights Agreement (National Mercantile Bancorp), Registration Rights Agreement (National Mercantile Bancorp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, SPA shall impair any such right, power or remedy of such 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 a 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 AgreementSPA, or any waiver on the part of any party or of any provisions or conditions of this AgreementSPA, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Share Purchase Agreement (Code Chain New Continent LTD), Share Purchase Agreement (TMSR HOLDING Co LTD), Share Purchase Agreement (TMSR HOLDING Co LTD)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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, Agreement or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party 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: Series a Preferred Share Subscription Agreement (7 Days Group Holdings LTD), Series C Preferred Share Subscription Agreement (7 Days Group Holdings LTD), Series B Preferred Share Subscription Agreement (7 Days Group Holdings LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party, upon any breach or default of any party under this Agreementother Party, shall impair any such right, power or remedy of such partynonbreaching or 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 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 or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Exchange Agreement (KLDiscovery Inc.), Stockholders Agreement (KLDiscovery Inc.), Stockholders Agreement (KLDiscovery Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Restricted Stock Unit Grant Agreement, shall impair any such right, power or remedy of such 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 Restricted Stock Unit Grant Agreement, or any waiver on the part of any party or any provisions or conditions of this Restricted Stock Unit Grant Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Restricted Stock Unit Grant Agreement (LVB Acquisition, Inc.), Restricted Stock Unit Grant Agreement (LVB Acquisition, Inc.), Restricted Stock Unit Grant Agreement (Biomet Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any the other party under this Agreement, shall impair any such right, power or remedy of such the first 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 consents 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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: Debt Purchase and Assignment Agreement, Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.), Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, 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 or any provisions or conditions of this Agreement, must be made in a writing signed by such party 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: Ordinary Shares Purchase Agreement (monday.com Ltd.), Investors' Rights Agreement (monday.com Ltd.), Ordinary Shares Purchase Agreement (monday.com Ltd.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party hereto, upon any breach Breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, Party nor shall it be construed to be a waiver of any such breach Breach or default, or an acquiescence therein, or of or in any similar breach Breach or default thereafter occurring, ; nor shall any waiver of any single breach Breach or default be deemed a waiver of any other breach Breach or default theretofore or thereafter occurring. Any waiver, permitPermit, consent Consent or approval of any kind or character on the part of any party Party hereto of any breach Breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (RadNet, Inc.), Membership Interests Purchase Agreement (RadNet, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Deferred Share Unit Agreement (Graftech International LTD), Separation Agreement (Sabre Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Unit Grant Agreement (Genco Shipping & Trading LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under the Plan or this Agreement, shall impair any such right, power or remedy of such 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, 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Participation Agreement (Delphi Automotive PLC), Participation Agreement (Delphi Automotive PLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Merger Agreement (Uproar Inc), Merger Agreement (Uproar 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 Party hereto upon any breach or default of any party under this Agreement, another Party shall impair any such right, power or remedy of such partynon-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 Party of any breach or default under this Agreement, or any waiver on the part of any party or Party of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Asset Transfer Agreement (Otonomy, Inc.), Asset Transfer Agreement (Otonomy, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto a Party upon any breach or default of any party under this Agreement, the other Party shall impair any such right, power power, or remedy of such partynon-breaching or non-defaulting Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, default 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 a Party of any breach or default under this Agreement, or any waiver on the part of any party or a Party of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 2 contracts
Samples: Stock Purchase Agreement (Thorne Healthtech, Inc.), Stock Purchase Agreement (Thorne Healthtech, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any the other party under this Agreement, shall impair any such right, power or remedy of such the first 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 consents 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 2 contracts
Samples: Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.), Debt Purchase and Assignment Agreement (Next Group Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar L-26 breach or default 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 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Merger Agreement (Hawaiian Airlines Inc/Hi), Merger Agreement (Brenneman Gregory D)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto 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 party, non-breaching or non-defaulting 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 of any breach or default under this Agreement, or any waiver on the part of any party of any provision or any provisions or conditions condition of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (ContextLogic Inc.), Voting Agreement (Crush Capital Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party under this Agreementhereto, shall impair any such right, power or remedy of such 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 holder of any breach or default under this Agreement, or any waiver on the part of any party or holder of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Share Purchase Agreement (Infocast Corp /Nv), Share Purchase Agreement (Infocast Corp /Nv)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party hereto hereunder, upon any breach or default of any another party under this Agreement, hereunder shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore 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, Agreement or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Registration Rights Agreement (Cb Commercial Holdings Inc), Registration Rights Agreement (Cb Commercial Real Estate Services Group Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto a Party upon any breach or default of any party by another Party under this Agreement, Agreement shall impair any such right, power power, or remedy of such partyParty, 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party writing, specifically referring to this Agreement and the rights to be waived, and shall be effective only to the extent specifically set forth in such writingwriting and as to the specific events or rights that are waived (and not for any other or subsequent or other event giving rise to rights hereunder). All remedies, either under this Agreement or otherwise afforded to a Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Babcock & Wilcox Co), Securities Purchase Agreement (Usec Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default 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 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 or of any provisions or conditions of this Agreement, must shall be in a writing (and signed by such the party to be charged) and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Time Based Option Grant Agreement (Apollo Strategic Growth Capital), Time Based Option Grant Agreement (Apollo Strategic Growth Capital)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party hereto upon any breach or default of any other party under this Agreement, Agreement shall impair any such right, power or remedy of such first 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (At Home Corp), Stock Purchase and Exchange Agreement (At Home Corp)
Delays or Omissions. No Unless specifically limited by the particular provision giving rise thereto, no delay or omission to exercise in exercising any right, power or remedy obligation accruing to any either party hereto upon any breach or default of any party under this Agreement, hereunder shall impair any such right, power or remedy of such party, obligation; 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 or thereafter occurringthereto. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreementhereunder, or any waiver on the part of any either party or of any provisions or conditions of this Agreementhereof, must be in a writing signed writing. All remedies, either hereunder or by such party and applicable law or otherwise afforded to either party, shall be effective only to the extent specifically set forth in such writingcumulative and not alternative.
Appears in 2 contracts
Samples: Distribution Agreement (Pokertek Inc), Software Licensing Agreement (Pokertek Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party hereto to this Agreement, upon any breach or default of any party under this Agreementthe other party, shall impair any such right, power or remedy of such party, non-breaching 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 or of any provisions or conditions of this Agreement, must be made in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Investor Rights Agreement (Usweb Corp), Investor Rights Agreement (Usweb Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Grant Agreement (Loral Space & Communications Inc.), Grant Agreement (Loral Space & Communications Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon any breach or default of any party under this Award Agreement, shall impair any such right, power or remedy of such 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, 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 Award Agreement, or any waiver on the part of any party or of any provisions or conditions of this Award Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Restricted Stock Grant Agreement (OneMain Holdings, Inc.), Restricted Stock Grant Agreement (Springleaf Finance Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party hereto upon any breach or default of any such other party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 either party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Contribution Agreement (NexCore Companies LLC), Contribution Agreement (Resourcephoenix Com Inc)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party hereto under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 it be deemed construed to be 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 of default under this Agreement, Agreement or any waiver on the part of any party or hereto of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Registration Rights Agreement (YX Asset Recovery LTD), Registration Rights Agreement (YX Asset Recovery LTD)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party 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 hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholder Agreement (Uxin LTD), Shareholder Agreement (Uxin LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 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, Agreement or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be made in a writing signed by such party 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 2 contracts
Samples: Investors' Rights Agreement (Virtual Telecom Inc), Investors' Rights Agreement (Virtual Telecom Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any party hereto under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any such party or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Loan Agreement (Robotic Vision Systems Inc), Loan Agreement (Robotic Vision Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of of, or acquiescence in, any such breach or default, or an acquiescence therein, or of or in any similar breach or default 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 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 or any provisions or conditions of this Agreement, must shall be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing. 11.
Appears in 2 contracts
Samples: Employment Agreement (Neiman Marcus, Inc.), Employment Agreement (Neiman Marcus, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any another party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 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. 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 2 contracts
Samples: Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.), Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such party, party nor shall it be construed to be a waiver of 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 hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any other party or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Framework Agreement, Business Cooperation Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto party, upon any breach or default of any another party under this Agreement, shall impair any such right, power or remedy of such non breaching 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party 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 2 contracts
Samples: Stock Purchase Agreement (US Oncology Holdings, Inc.), Share Purchase Agreement (Xinhua Finance Media LTD)
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 hereto 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 party, 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 or of any provisions or conditions of this Agreement, must be in a writing and signed by such the party against whom it is to be enforced against and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Stockholders' Agreement (PCF 1, LLC), Merger Agreement (Neulion, Inc.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party hereto party, upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such 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 of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party 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 holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Subscription and Shareholders Agreement (DMX Inc), Stock Purchase and Shareholders Agreement (DMX Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party hereto upon hereunder or any breach or default of any party under this Agreement, Agreement shall impair any such right, power power, or remedy of such partyremedy, nor shall it be construed to be as a waiver of or acquiescence to any such breach or default, or an acquiescence therein, default or of or in any similar breach or default thereafter occurring, occurring later; nor shall any waiver of or any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter the waiver. 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 provision or any provisions or conditions condition of this Agreement, Agreement must be in a writing signed by such party and shall be effective only to the extent specifically set forth stated in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any part shall be cumulative.
Appears in 2 contracts
Samples: Distribution Agreement (Vital Living Inc), Development and Distribution Agreement (Vital Living 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 hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 a 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 hereto of any breach or of default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Registration Rights Agreement (Southwest Casino Corp), Registration Rights Agreement (Southwest Casino 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 hereto upon any breach or default of any party under this Agreement, shall Agreement will impair any such right, power or remedy of such party, party nor shall will it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any a 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 hereto of any breach or default under this the Agreement, or any waiver on the part of any party or of any provisions or conditions of this Agreement, Agreement must be in a writing signed by such party and shall will be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Registration Rights Agreement (Adaytum Software Inc), Registration Rights Agreement (Adaytum Software Inc)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party hereto Party hereto, upon any breach or default of any party Party hereto under this Agreement, shall impair any such right, power or remedy of such party, Party nor shall it be construed to be a waiver of 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 it be deemed construed to be a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party Party hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party or Party hereto of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Series B Preferred Shares Purchase Agreement (YX Asset Recovery LTD), Series C Preferred Shares Purchase Agreement (YX Asset Recovery LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in with respect 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. 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 or any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Restricted Stock Grant Agreement (Nastech Pharmaceutical Co Inc), Restricted Stock Grant Agreement (Nastech Pharmaceutical Co 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 hereto upon any breach or default of any party under this Agreement, Agreement shall impair any such right, power or remedy of such 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 a similar breach or default thereafter occurring, nor ; n9r 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 or of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Participation Agreement (Mondial Ventures, Inc.), Asset Purchase Agreement (Mondial Ventures, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto hereto, upon any breach or default of any other party hereto under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring, ; nor shall it be construed to be any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party or hereto of any provisions or conditions of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Series C 3 Preferred Share Subscription Agreement (MOGU Inc.), Series C 3 Preferred Share Subscription Agreement (Meili Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto Party under this Agreement, upon any breach or default of any party other Party under this Agreement, shall impair any such right, power or remedy of such party, non-breaching or non- defaulting 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 provision or any provisions or conditions condition of this Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Voting Agreement (Aptera Motors Corp), Voting Agreement (Aptera Motors Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto under this Stockholders’ Agreement, upon any breach or default of any other party under this Stockholders’ Agreement, shall impair any such right, power or remedy of such party, 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 Stockholders’ Agreement, or any waiver on the part of any party or of any provisions or conditions of this Stockholders’ Agreement, must be in a writing signed by such party and shall be effective only to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gsi Commerce Inc), Stock Purchase Agreement (Gsi Commerce Inc)