Common use of Delays or Omissions Clause in Contracts

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 185 contracts

Samples: Investor Rights Agreement (Viking Holdings LTD), Investor Rights Agreement (Viking Holdings LTD), Investor Rights Agreement (Contineum Therapeutics, Inc.)

AutoNDA by SimpleDocs

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 73 contracts

Samples: Shareholders Agreement (Audacy, Inc.), Stockholders' Agreement (Calumet, Inc. /DE), Conversion Agreement (Calumet Specialty Products Partners, L.P.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 47 contracts

Samples: Voting Agreement (Enservco Corp), Voting Agreement, Investor Rights Agreement (AbCellera Biologics Inc.)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, Party upon any breach, breach or default or noncompliance by another party of any other Party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of the aggrieved Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, the Parties shall be cumulative and not alternative.

Appears in 38 contracts

Samples: Class B Ordinary Share Purchase Agreement (Hesai Group), Series E Preferred Share Purchase Agreement (ForU Worldwide Inc.), Series E Preferred Share Purchase Agreement (ForU Worldwide Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 23 contracts

Samples: Investment Agreement (Jackson Financial Inc.), Tag Along Right and Demerger Matters (Jackson Financial Inc.), Tag Along Right and Demerger Matters (Jackson Financial Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 23 contracts

Samples: Investor Rights Agreement, Investor Rights Agreement, License Agreement (Mirum Pharmaceuticals, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 20 contracts

Samples: Shareholders' Agreement (Ellington Residential Mortgage REIT), Investor Rights Agreement (Conseco Inc), Stockholders Agreement (Westborn Service Center, Inc.)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, breach or default or noncompliance by another of any other party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of the aggrieved party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 17 contracts

Samples: Shareholder Agreement (Yuanbao Inc.), Shareholder Agreement (ForU Worldwide Inc.), Shareholder Agreement (ForU Worldwide Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another of any other party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of or in any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party of any breach, default or noncompliance under the Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 14 contracts

Samples: Registration Rights Agreement (HRPT Properties Trust), Registration Rights Agreement (HRPT Properties Trust), Stockholders Agreement (Joyce Christopher J)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 12 contracts

Samples: Stockholders’ Agreement (First Advantage Corp), Stockholders' Agreement (First Advantage Corp), Stockholders Agreement (Candela Medical, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to on the part of any party, party upon any breach, breach or default or noncompliance by another of any party under to this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any single breach or noncompliance default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part party of any breach, breach or default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, writing and that all remedies either under this Agreement, or by law, or law otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 11 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (China Medical Technologies, Inc.), Share Purchase Agreement (Tongjitang Chinese Medicines Co)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, breach or default or noncompliance by another of any other party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of the aggrieved party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, Law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 8 contracts

Samples: Investors’ Rights Agreement (XCHG LTD), Warrant Subscription Agreement (XCHG LTD), Warrant Subscription Agreement (XCHG LTD)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 7 contracts

Samples: Share Purchase Agreement (Unilife Corp), Exchange Agreement (Nektar Therapeutics), Exchange Agreement (Nektar Therapeutics)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Voting Agreement (LendingClub Corp), Voting Agreement (LendingClub Corp), Voting Agreement (LendingClub Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Registration Rights Agreement (Local Matters Inc.), Registration Rights Agreement (Local Matters Inc.), Investor Rights Agreement (Corgentech Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part Party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Exclusive License Agreement (NantKwest, Inc.), Exclusive License Agreement (NantKwest, Inc.), Exclusive License Agreement (NantKwest, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall will impair any such right, power, or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall will be cumulative and not alternative.

Appears in 6 contracts

Samples: Registration Rights Agreement (Bionano Genomics, Inc), Registration Rights Agreement (Regulus Therapeutics Inc.), Investor Rights Agreement (Regulus Therapeutics Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyan Holder’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Elevation Partners, L.P.), Registration Rights Agreement (Elevation Partners, L.P.), Registration Rights Agreement (Palm Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyholder, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any partyParty’s part of any breach, default or noncompliance under the Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyholders, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Investor Rights Agreement (Perpetua Resources Corp.), Investor Rights Agreement (Skeena Resources LTD), Option Agreement (Skeena Resources LTD)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or waiver of or acquiescence in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies afforded to a party under this Agreement, by law, or otherwise afforded to any party, Agreement shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Nocopi Technologies Inc/Md/), Stock Purchase Agreement (Nocopi Technologies Inc/Md/), Stock Purchase Agreement (Adicet Bio, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyparty hereto, upon any breach, default or noncompliance by another of any party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe parties hereto, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Stockholders Agreement (TELA Bio, Inc.), Stockholders Agreement (TELA Bio, Inc.), Investor Rights Agreement (Nupathe Inc.)

Delays or Omissions. It is agreed that Except as expressly provided herein, no delay or omission to exercise any right, power, or remedy accruing to any partyParty hereto, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, remedy to such Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or in any similar breach or default be deemed a waiver of any similar breach, other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any Any waiver, permit, consent, or approval of any kind or character on any party’s the part of any breachParty of any breach or default under this Agreement, default or noncompliance under the Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement, Agreement or by law, Law or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: License Agreement (BullFrog AI Holdings, Inc.), License Agreement (BullFrog AI Holdings, Inc.), License Agreement (BullFrog AI Holdings, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyholder, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s Party's part of any breach, default or noncompliance under the Agreement or any waiver on such party’s Party's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyholders, shall be cumulative and not alternative.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (District Metals Corp.), Shareholder Rights Agreement (District Metals Corp.), Purchase and Sale Agreement (District Metals Corp.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any either party, upon any breach, default or noncompliance by another of the other party under this Agreement Agreement, shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any either party’s part of any breach, default or noncompliance under the Agreement or any waiver on such either party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, either party shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Put Option Agreement (CrowdGather, Inc.), Put Option Agreement (WaferGen Bio-Systems, Inc.), Put Option Agreement (WaferGen Bio-Systems, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Healthtrac Inc), Stock Transfer Agreement (Onyx Pharmaceuticals Inc), Asset Purchase Agreement (Aptus Corp)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, breach or default or noncompliance by another of any other party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of the aggrieved party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach of default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, party of any breach of default or noncompliance under the this Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Subscription and Contribution Agreement (Mecox Lane LTD), Investors Rights Agreement (Acorn Energy, Inc.), Share Purchase and Subscription Agreement (Ninetowns Internet Technology Group Co LTD)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s Purchaser's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Series R Preferred Stock Purchase Agreement (Dynavax Technologies Corp), Purchase Agreement (Dynavax Technologies Corp), Purchase Agreement (Dynavax Technologies Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Deed shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Deed or any waiver on such party’s part of any provisions or conditions of this Agreement the Deed must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Deed by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Management Rights Deed of Agreement, Management Rights Deed of Agreement (Amarin Corp Plc\uk), Management Rights Deed of Agreement (Sofinnova Venture Partners Vii L P)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (NovaBay Pharmaceuticals, Inc.), Warrant Amendment Agreement (NovaBay Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Anacor Pharmaceuticals Inc)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, breach or default or noncompliance by another of any party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of any Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, Law or otherwise afforded to any party, Party shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Series B Share Purchase Agreement (Meili Auto Holdings LTD), Share Purchase Agreement (Meili Auto Holdings LTD), Series B Share Purchase Agreement (Meili Auto Holdings LTD)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement the agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Continental Fuels, Inc.), Stock Purchase Agreement (Universal Property Development & Acquisition Corp), Stock Purchase Agreement (Heartland Oil & Gas Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party any other Party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval Consent of any kind or character on any partyParty’s part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such partyParty’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (G Medical Innovations Holdings Ltd.), Asset Purchase Agreement (RCS Capital Corp), Contribution Agreement (RCS Capital Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, default or noncompliance by another of any other party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of or in any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party of any breach, default or noncompliance under the this Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/), Tag Along Agreement (Medical Technology Systems Inc /De/)

Delays or Omissions. It is agreed that no delay or omission ------------------- to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Stockholders Agreement (Ifx Corp), Stockholders Agreement (Bakal Scott J/Fa), Stockholders Agreement (Planvista Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another the other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Stockholders Agreement, Stockholders Agreement (Greektown Superholdings, Inc.), Shareholder Agreement (Athens Acquisition LLC)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Inogen Inc), License Agreement (Inogen Inc), Investors’ Rights Agreement (Inogen Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part behalf of any breach, default or noncompliance under the Agreement or any waiver on such party’s part behalf of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawthe Bylaws, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Investor Rights Agreement (Udemy, Inc.), Investor Rights Agreement (Udemy, Inc.), Investor Rights Agreement (Sprout Social, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Investors’ part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Investment Agreement (Wallen Calvin Iii), Investment Agreement (Cubic Energy Inc), Stockholders' Agreement (Lexicon Pharmaceuticals, Inc./De)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Vsource Inc), Purchase and Sale of Obligation Agreement (Symphony House Berhad), Common Stock and Warrant Purchase Agreement (Symphony House Berhad)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall will impair any such right, power, or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall will be cumulative and not alternative.

Appears in 3 contracts

Samples: Founding Investor Rights Agreement (Regulus Therapeutics Inc.), Founding Investor Rights Agreement (Alnylam Pharmaceuticals, Inc.), Founding Investor Rights Agreement (Isis Pharmaceuticals Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyInvestor, upon any breach, default or noncompliance by of another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe parties, shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Voting Agreement (Venrock Associates), Voting Agreement (Ribozyme Pharmaceuticals Inc), Voting Agreement (Ribozyme Pharmaceuticals Inc)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, Party upon any breach, breach or default or noncompliance by another party of any other Party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of the aggrieved Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, the Parties shall be cumulative and not alternative.

Appears in 3 contracts

Samples: Share Purchase Agreement (Trident Digital Tech Holdings Ltd.), Leak Out Agreement (Trident Digital Tech Holdings Ltd.), Share Subscription Agreement (Sea LTD)

Delays or Omissions. It is agreed that no delay or ------------------- omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stockholders Agreement (Cais Internet Inc), Stockholders and Registration Rights Agreement (Tivo Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement the Financing Agreements, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement Financing Agreements or any waiver on such party’s 's part of any provisions or conditions of this Agreement the Financing Agreements must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Affymax Inc), Collaboration and License Agreement (Affymax Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, Party upon any breach, default or noncompliance by another party any other Party under this Agreement or the Stock Purchase Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on by any party’s part Party of any breach, default or noncompliance under this Agreement or the Stock Purchase Agreement or any waiver on such party’s part by any Party of any provisions or conditions of this Agreement or the Stock Purchase Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Stock Purchase Agreement, by law, law or otherwise afforded to any party, Party shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investor Rights Agreement (INSURE.COM, Inc), Investor Rights Agreement (Quotesmith Com Inc)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, breach or default or noncompliance by another party of any Party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of any Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach of default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this in the Agreement, or by law, law or otherwise afforded to any party, Party shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Empanelment Agreement, Master Services Agreement

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to on the part of any party, Party upon any breach, breach or default or noncompliance by another of any party under to this Joint Venture Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any acquiescence therein, or in any similar breach or default thereafter occurring; nor shall any waiver of any similar breach, single breach or default be deemed a waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any partyParty’s part of any breach, breach or default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Joint Venture Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either writing and that all remedies under this Joint Venture Agreement, or by law, or law otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stock Purchase Agreement (PCT LLC), Stock Purchase Agreement (PCT LLC)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investor Rights Agreement (Chimerix Inc), Investor Rights Agreement (Chimerix Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Series Seed Convertible Preferred Stock Purchase Agreement (Digital Turbine, Inc.), Financing Agreement (Optimer Pharmaceuticals Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyHolder’s part of any breach, default or noncompliance under the this Agreement or any waiver on such partyHolder’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Warrant Agreement (Greenbrier Companies Inc), Investor Rights and Restrictions Agreement (Greenbrier Companies Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyParty’s part of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Exclusive License Agreement, Exclusive License Agreement (Galena Biopharma, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall Agreement, will impair any such right, power, power or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any party, shall will be cumulative and not alternative.

Appears in 2 contracts

Samples: Stockholders Agreement (Guardian Pharmacy Services, Inc.), Stockholders Agreement (Guardian Pharmacy Services, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Purchase and Sale of Obligation Agreement (Vsource Inc), Common Stock and Warrant Purchase Agreement (Vsource Inc)

Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stockholders Agreement (Ifx Corp), Stockholders Agreement (Ifx Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party of any breach, default or noncompliance under the Agreement Agreement, or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Neuropathix, Inc.), Common Stock Purchase Agreement (Telik Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Contribution and Exchange Agreement (American Real Estate Partners L P), Share Acquisition Agreement (24/7 Real Media Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any either party, upon any breach, default or noncompliance by another the other party under this Agreement shall will impair any such right, power, or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any either party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall will be cumulative and not alternative.

Appears in 2 contracts

Samples: Investor Rights Agreement (Akcea Therapeutics, Inc.), Investor Rights Agreement (Akcea Therapeutics, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this Agreement therein and must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, remedies shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Intercreditor Agreement (Sentra Consulting Corp), Intercreditor Agreement (Sentra Consulting Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchaser's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp), Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchasers’ part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Voting Agreement (C3.ai, Inc.), Voting Agreement (C3.ai, Inc.)

AutoNDA by SimpleDocs

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this Agreement the Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Exchange Agreement (Perini Corp), C 2 Preference Shares Purchase Agreement (Opentv Corp)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any partyParty’s part of any breach, default or noncompliance under the Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Convertible Note Subscription Agreement, Stockholders Agreement (Quadrant Biosciences Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchaser's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s the Purchaser's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pharmion Corp), Securities Purchase Agreement (Celgene Corp /De/)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any party regarding any breach, default or noncompliance under the this Agreement or any waiver on such the other party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement (Diplomat Pharmacy, Inc.), Registration Rights Agreement (Amsurg Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investor Rights Agreement, Investor Rights Agreement (Stitch Fix, Inc.)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, either Parties upon any breach, default or noncompliance by another party under this Agreement of the other Party shall impair any such right, power, power or remedy, remedy of the aggrieved Party nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any an acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of either Party relating to any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s the part of either Party of any provisions provision or conditions condition of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, each Party shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Share Purchase Agreement (Pericom Semiconductor Corp), Share Purchase Agreement (Pericom Semiconductor Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Subscription Agreement (Zummo Flight Technologies), Subscription Agreement (Zummo Flight Technologies)

Delays or Omissions. It is agreed that no delay or omission to exercise any rightrights, power, power or remedy accruing to any party, party upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on Liberty's or any party’s Stockholder's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writingwriting and as specified in Section 10.4. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative, except as specifically provided otherwise.

Appears in 2 contracts

Samples: Share Exchange Agreement (Carollo Albert M), Share Exchange Agreement (Liberty Media Corp /De/)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyParty hereto, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on part of any party’s part Party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe Parties hereto, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Investor Rights Agreement (TELA Bio, Inc.), Investor Rights Agreement (TELA Bio, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Investor Stockholders’ part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Stockholders Agreement (Homestore Inc), Stockholders Agreement (Homestore Inc)

Delays or Omissions. It Subject to Section 3.5, it is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Preemptive Rights Agreement, Preemptive Rights Agreement (Liberty Global, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement (Chazak Value Corp.), Funding Agreement (Chazak Value Corp.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any a party, upon any breach, default or noncompliance by another the other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of a party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any a party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Registration Rights Agreement (Missouri Foundation for Health), Registration Rights Agreement (Wellpoint Health Networks Inc /De/)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyPurchaser’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 2 contracts

Samples: Membership Unit Purchase Agreement (Auriga Laboratories, Inc.), Stock Purchase Agreement (Auriga Laboratories, Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon on any breach, default or noncompliance by another the other party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any either party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase and Redemption Agreement (Nextel Partners Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchasers’ part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Homestore Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyparty hereto, upon any breach, default or noncompliance by another any other party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe parties hereto, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investor Rights Agreement (Ic Isaacs & Co Inc)

Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power, power or remedy accruing to any partyparty hereto, upon any breach, breach or default or noncompliance by another of any other party under this Agreement hereto shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any acquiescence thereinherein, or of or in any similar breach, breach or default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of the party hereto of any breachbreach or default under this Agreement, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All writing and that all remedies, either under this Agreement, or by law, law or otherwise afforded to any such party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Comps Com Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative. Neither party shall be liable to the other hereunder for any indirect or consequential damages.

Appears in 1 contract

Samples: Investor Rights Agreement (Med-Emerg International Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall will impair any such right, power, power or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be are cumulative and not alternative.

Appears in 1 contract

Samples: Stock Restriction and Registration Rights Agreement (Technical Consumer Products Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyparly’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholder Proxy and Lockup Agreement (Seven Stars Cloud Group, Inc.)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, breach or default or noncompliance by another party of any Party hereto under this Agreement Agreement, shall impair any such right, power, power or remedyremedy of such Party, nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach of default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach of default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, the Parties shall be cumulative and not alternative.

Appears in 1 contract

Samples: Restructuring Agreement (Pintec Technology Holdings LTD)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It t is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Securityholders and Registration Rights Agreement (DPL Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any a party, upon any breach, default or 23 20 noncompliance by another the other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of a party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any a party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stockholder and Registration Rights Agreement (Express Scripts Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s either the Company's or the Investor's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, party shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investment Agreement (Valera Pharmaceuticals Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchaser's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this Agreement the Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, Agreement by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bestnet Communications Corp)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s Investors’ part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Series D Preferred Stock and Warrant Purchase Agreement (Great Basin Scientific, Inc.)

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, breach or default or noncompliance by another of any other party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of the aggrieved party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default heretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Global Market Group LTD)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting Agreement (Xata Corp /Mn/)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.extent

Appears in 1 contract

Samples: Registration Rights Agreement (CMP Susquehanna Radio Holdings Corp.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of of 8. any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Voting Agreement (Globus Medical Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investor Rights Agreement (NGM Biopharmaceuticals Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyParty’s part of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: License Agreement (Inogen Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another of the other party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe parties, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Stock Purchase Agreement (Envision Development Corp /Fl/)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Share Exchange Agreement (Somanta Pharmaceuticals Inc.)

Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another of any other party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of or in any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party of any breach, default or noncompliance under the Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Registration Rights Agreement (Clean Harbors Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Renren Inc.)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s NBC's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Warrant Issuance Agreement (Quokka Sports Inc)

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part by a Party of any breach, default or noncompliance under the this Agreement or any waiver on such party’s Party's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Appears in 1 contract

Samples: Vending Placement, Supply and Distribution Agreement (Usa Technologies Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!