Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder shall be cumulative and not alternative.
Appears in 23 contracts
Samples: Lockup Agreement (Blow & Drive Interlock Corp), Settlement Agreement (Cannapharmarx, Inc.), Lock Up Agreement (Vitamin Blue, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreementeither Party, upon any breach or default of the other party to Party under this Agreement Agreement, shall impair any such right, power power, or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement either Party of any breach or default by the other Party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder either Party, shall be cumulative and not alternative.
Appears in 22 contracts
Samples: Note Purchase Agreement (NuLife Sciences, Inc.), Note Purchase Agreement (NuLife Sciences, Inc.), Note Purchase Agreement (NuLife Sciences, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 19 contracts
Samples: Registration Rights Agreement (Bluephoenix Solutions LTD), Registration Rights Agreement (Yahoo Inc), Registration Rights Agreement (dELiAs, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party to this Agreement, shall be cumulative and not alternative.
Appears in 15 contracts
Samples: Registration Rights Agreement (Neon Systems Inc), Registration Rights Agreement (Intelect Communications Inc), Registration Rights Agreement (Intelect Communications Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 13 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (FNDS3000 Corp), Registration Rights Agreement (ChinaEdu CORP)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereto upon any breach or default of the other party to Company under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 13 contracts
Samples: Nominating Agreement (Definitive Healthcare Corp.), Nominating Agreement (Definitive Healthcare Corp.), Nominating Agreement (Definitive Healthcare Corp.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, Investor upon any breach or default of the other party to Company under this Agreement shall impair any such right, power power, or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Registration Rights Agreement (Firstsun Capital Bancorp), Investor Rights Agreement (Veritone, Inc.), Investor Rights Agreement (Coherus BioSciences, Inc.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder holder, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Registration Rights Agreement (Omnivision Technologies Inc), Rights Agreement (Neomagic Corp), Series B Preferred Stock Purchase Agreement (TVN Entertainment Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Registration Rights Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Registration Rights Agreement, or any waiver on the part of any party of any provisions or conditions of this Registration Rights Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Registration Rights Agreement or by law or otherwise afforded to any holder party to this Registration Rights Agreement, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Registration Rights Agreement (Roughneck Supplies Inc.), Registration Rights Agreement (Intelect Communications Inc), Registration Rights Agreement (Bendover Co)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of or any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party to this Agreement, shall be cumulative and not alternative.
Appears in 10 contracts
Samples: Registration Rights Agreement (Bionumerik Pharmaceuticals Inc), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Agreement (World Health Energy Holdings, Inc.), Lock Up Agreement (World Health Energy Holdings, Inc.), Contribution Agreement (Nutex Health, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementSeller Party or Investor, upon any breach or default of the other any party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder Seller Party or Investor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Seller Party or Investor of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Seller Party or Investor 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, or by law or otherwise afforded to any holder the Seller Parties and the Investors shall be cumulative and not alternative.
Appears in 9 contracts
Samples: Additional Series a 3 Preferred Shares Purchase Agreement, Additional Series a 3 Preferred Shares Purchase Agreement (Niu Technologies), Series B Preferred Shares Purchase Agreement (Niu Technologies)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Investors’ Rights Agreement (Edgewise Therapeutics, Inc.), Investors’ Rights Agreement (Silverback Therapeutics, Inc.), Investors’ Rights Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 8 contracts
Samples: Investor Rights Agreement (Silvergate Capital Corp), Investor Rights Agreement (Silvergate Capital Corp), Investor Rights Agreement (Silvergate Capital Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder holder, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Voting Agreement (Orion Acquisition Corp Ii), Voting Agreement (Orion Acquisition Corp Ii), Voting Agreement (Orion Acquisition Corp Ii)
Delays or Omissions. No delay or omission to exercise any rightrights, power or remedy accruing to any party to this Agreement, upon any the breach or default of the other party to this Agreement shall impair any such rightrights, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any the party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder the parties, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (Crescent Point Energy Corp.), Registration Rights Agreement (Canadian Natural Resources LTD), Registration Rights Agreement (Royal Dutch Shell PLC)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach or default of the other another party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Voting Agreement, Investors’ Rights Agreement (Whiteglove House Call Health Inc), Voting Agreement (Whiteglove House Call Health Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder the Holders, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Registration Rights Agreement (Lighting Science Group Corp), Registration Rights Agreement (RW LSG Holdings LLC), Registration Rights Agreement (Lighting Science Group Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternativealternative except as expressly provided herein.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Travel Services International Inc), Stock Purchase Agreement (Travel Services International Inc), Stock Purchase Agreement (Persico Anthony J)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement shall impair any such right, power or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party 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 , and all remedies, either under this Agreement or Agreement, by law or otherwise afforded to any holder otherwise, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Settlement Agreement (Raging Capital Management, LLC), Stock Purchase Agreement (Wb & Co), Settlement Agreement (Castle a M & Co)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, the Parties upon any breach or default of by the other party to another Party under this Agreement Agreement, shall impair any such right, power or remedy of such holder the non-breaching Parties, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party of any breach or default under this Agreement, Agreement or any waiver on the part of any party another 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 Agreement, or by law or otherwise afforded to any holder a Party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Acquisition Agreement (Rstar Corp), Warrant Exercise Stock Purchase Agreement (Amdl Inc), Acquisition Agreement (Gilat Satellite Networks LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any a party to this Agreement, upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any either party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder a party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Wholesale Internet Agreement, Private Label Internet Agreement, Private Label Internet Agreement
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part party of any party to this Agreement hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Egpi Firecreek, Inc.), Stock Purchase Agreement (Egpi Firecreek, Inc.), Stock Purchase Agreement (Egpi Firecreek, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such holder remedy; nor shall it be construed to be a waiver of of, or an acquiescence in any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character character, on the part of any party to this Agreement party, of any breach or default under this the Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this the Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this the Agreement or by law or and otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Subscription Agent Agreement (Interleukin Genetics Inc), Subscription Agent Agreement (Star Gas Partners Lp), Rights Agent Agreement (Bos Better Online Solutions LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, the Investor hereto upon any breach or default of the other party to Company under this Agreement Agreement, shall impair any such right, power or remedy of such holder the Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement the Investor of any breach or default of the Company under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, in each case, 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 holder party, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Nominating Agreement (Sagimet Biosciences Inc.), Nominating Agreement (Sagimet Biosciences Inc.), Nominating Agreement (TScan Therapeutics, Inc.)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Rights Agreement (Ramp Networks Inc), Registration Rights Agreement (Healthcentral Com), Registration Rights Agreement (Active Software Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder the non-breaching parties nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder party hereto shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Class a Common Stock Purchase Agreement, Class a Common Stock Purchase Agreement (Intel Corp), Class a Common Stock Purchase Agreement (Vmware, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement shall impair any such right, power or remedy of such holder non-defaulting party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Liqtech International Inc), Note and Warrant Purchase Agreement (Liqtech International Inc), Convertible Note Subscription Agreement (PaxMedica, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, Investor upon any breach or default of the other party to Company under this Agreement shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Inspire Medical Systems, Inc.), Investor Rights Agreement (Inspire Medical Systems, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall FORM OF VOTING AGREEMENT be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder holder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Voting Agreement, Merger Agreement (Selena Pharmeceuticals Inc), Merger Agreement (Orion Acquisition Corp Ii)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party to this Agreement, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Team Inc), Registration Rights Agreement (Megaworld Inc), Registration Rights Agreement (Cynet Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to hereto under this Agreement, Agreement upon any the breach or default of the any other party to hereto under this Agreement shall impair any such right, power or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of of, or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any a party to hereto under this Agreement of any breach or default under this Agreement, or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder a party hereto, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Stock Repurchase Agreement (AstroNova, Inc.), Stock Repurchase Agreement (Albert W. Ondis Declaration of Trust), Stock Repurchase Agreement (Astro Med Inc /New/)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party 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, or by law or otherwise afforded to any holder holder, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investors’ Rights Agreement (Fox Hollow Technologies Inc), Investors' Rights Agreement (Packeteer Inc), Investor's Rights Agreement (Coinstar Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such holder remedy; nor shall it be construed to be a waiver of of, or an acquiescence in any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character character, on the part of any party to this Agreement party, of any breach or default under this Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or and otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Subscription Agent Agreement (Illinois Superconductor Corporation), Subscription Agent Agreement (Demandstar Com Inc), Subscription Agent Agreement (Transmedia Network Inc /De/)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, hereto upon any breach or default of the other another party to under this Agreement shall impair any such right, power power, or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Voting and Irrevocable Proxy Agreement (Marquee Holdings Inc.), Voting and Irrevocable Proxy Agreement (Marquee Holdings Inc.), Voting and Irrevocable Proxy Agreement (Marquee Holdings Inc.)
Delays or Omissions. No delay or omission to exercise any rightrights, power or remedy accruing to any party to this Agreement, upon any the breach or default of the other party to this Agreement shall impair any such rightrights, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any the party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder the parties, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Canadian Registration Rights Agreement (Sr Telecom Inc), Canadian Registration Rights Agreement (Sr Telecom Inc), Canadian Registration Rights Agreement (Sr Telecom Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, Party hereto upon any breach or default of the any other party to Party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder the aggrieved Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party Party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder the parties shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Shareholder Agreement (Continental Minerals Corp), Shareholder Agreement (Continental Minerals Corp), Shareholder Agreement (China Nettv Holdings Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereto upon any breach or default of the other party to Company under this Agreement agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreementagreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Stockholders Agreement (American Residential Investment Trust Inc), Stockholders' Agreement (Gem Value Fund Lp /Il), Registration Rights Agreement (American Residential Investment Trust Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon hereunder or any breach or default of the other party to under this Agreement shall impair any such right, power power, or remedy of such holder remedy, nor shall it be construed to be as a waiver of or acquiescence to any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurringoccurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter the waiver. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, Agreement or any waiver on the part of any 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 stated in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party shall be cumulative and not alternativecumulative.
Appears in 4 contracts
Samples: Stock Option Agreement (Reconditioned Systems Inc), Stock Option Agreement (Reconditioned Systems Inc), Stock Option Agreement (Reconditioned Systems Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Rights Agreement (Atroad Inc), Registration Rights Agreement (Healthcentral Com), Rights Agreement (Atroad Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Investor Rights Agreement (Tetralogic Pharmaceuticals Corp), Investor Rights Agreement (Tetralogic Pharmaceuticals Corp), Investor Rights Agreement (Tetralogic Pharmaceuticals Corp)
Delays or Omissions. No delay or omission to exercise in exercising any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the other any party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any breach or default it be deemed construed to be a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder the parties hereto shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Exclusive License Agreement (Aptorum Group LTD), Share Subscription Agreement (China Time Share Media Co. LTD), Share Subscription Agreement (JA Solar Holdings Co., Ltd.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to Party under this Agreement, upon any breach or default of the any other party to Party under this Agreement Agreement, shall impair any such right, power or remedy of such holder non-breaching or non-defaulting Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence thereinthereto, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore previously or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions provision or conditions condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder Party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Voting Agreement (Lemonade, Inc.), Voting Agreement (Lemonade, Inc.), Voting Agreement (Rise Companies Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach or default of the other another party to under this Agreement shall impair any such right, power or remedy of such holder first party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Shareholder Agreement (Tencent Music Entertainment Group), Shareholder Agreements (Tencent Music Entertainment Group), Subscription Agreement (Spotify Technology S.A.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, the Investors hereto upon any breach or default of the other party to Company under this Agreement Agreement, shall impair any such right, power or remedy of such holder any Investor nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Investor of any breach or default of the Company under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, in each case, 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 holder party, shall be cumulative and not alternative.
Appears in 4 contracts
Samples: Nominating Agreement (IGM Biosciences, Inc.), Nominating Agreement (IGM Biosciences, Inc.), Nominating Agreement (IGM Biosciences, Inc.)
Delays or Omissions. No NO delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Lockup Agreement (Cross Atlantic Commodities, Inc.), Lockup Agreement (Cross Atlantic Commodities, Inc.), Lockup Agreement (Cross Atlantic Commodities, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreementeither party, upon any breach or default of the other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party to this Agreement of any breach or default by the other party under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder either party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Note Purchase Agreement (Sportsnuts Inc), Note Purchase Agreement (Sportsnuts Inc), Debt Conversion Agreement (Sportsnuts Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, Holder upon any breach or default of the other party to Company under this Agreement shall impair any such right, power power, or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investor Rights Agreement (Fate Therapeutics Inc), Registration Rights Agreement (Complete Genomics Inc), Investor Rights Agreement (Complete Genomics Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder remedy; nor shall it be construed to be a waiver of of, or an acquiescence in, any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character character, on the part of any party to this Agreement party, of any breach or default under this Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or and otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Subscription Agent Agreement (Bpi Packaging Technologies Inc), Subscription Agent Agreement (M Tron Industries Inc), Subscription Agent Agreement (Bpi Packaging Technologies Inc)
Delays or Omissions. No delay or omission to exercise any right, power ------------------- or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any . No waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto 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 or otherwise afforded to any holder party hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Share Purchase Agreement (Lufax Holding LTD), Share Purchase Agreement (NaaS Technology Inc.), Share Purchase Agreement
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the other another party to under this Agreement shall impair any such right, power power, or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Right of First Refusal and Co Sale Agreement (Tetralogic Pharmaceuticals Corp), Right of First Refusal and Co Sale Agreement (Tetralogic Pharmaceuticals Corp), Right of First Refusal Agreement (Motorcar Parts America Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Dualstar Technologies Corp), Stock Purchase Agreement (Franklin Consolidated Mining Co Inc), Stock Purchase Agreement (Franklin Consolidated Mining Co Inc)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Answer Think Consulting Group Inc), Stock Purchase Agreement (Answer Think Consulting Group Inc), Merger Agreement (Sherwood Brands Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementInvestor, upon any breach or default of the other party to Company under this Agreement Agreement, shall impair any such right, power or remedy of such holder Investor; nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, in such breach or default or of or in any similar breach or default thereafter occurringoccurring after such breach or default; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore occurring before or thereafter occurringafter such breach or default. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, Agreement or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Note Purchase Agreement (Inspire Veterinary Partners, Inc.), Note Purchase Agreement (Inspire Veterinary Partners, Inc.), Note Purchase Agreement (Inspire Veterinary Partners, Inc.)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereto upon any breach or default of the other another party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any such party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Prison Realty Trust Inc), Stock Purchase Agreement (Sodexho Alliance S A), Stock Purchase Agreement (Prison Realty Trust Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other another party to under this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series C Convertible Preferred Stock and Warrant Purchase Agreement, Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.), Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the other party to under this Agreement shall impair any such right, power power, or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law Applicable Law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stockholder Agreement (Willbros Group, Inc.\NEW\), Merger Agreement (Carpenter Technology Corp), Stockholder Agreement (Willbros Group, Inc.\NEW\)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power power, or remedy of such holder remedy; nor shall it be construed to be a waiver of of, or an acquiescence in any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character character, on the part of any party to this Agreement party, of any breach or default under this Agreement, or any waiver waiver, on the part of any party party, of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent extend specifically set forth in such writing. All remedies, either under this Agreement or by law or and otherwise afforded afford to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Subscription Agent Agreement (Navidec Inc), Subscription Agent Agreement (Navidec Inc), Subscription Agent Agreement (Navidec Inc)
Delays or Omissions. No delay or omission to exercise any ------------------- right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Digital Island Inc), Investors' Rights Agreement (Chorum Technologies Inc), Investors' Rights Agreement (Digital Island Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any . No waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Employment Agreement (Radview Software LTD), Employment Agreement (Radview Software LTD), Employment Agreement (Cidra Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach, default or noncompliance by another party to under this Agreement, upon any breach the Related Agreements or default of the other party to this Agreement Restated Charter, shall impair any such right, power or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the any Purchaser's part of any party to this Agreement of any breach breach, default or default noncompliance under this Agreement, the Related Agreements or under the Restated Charter or any waiver on the such party's part of any party of any provisions or conditions of this the Agreement, the Related Agreements, or the Restated Charter must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or Agreement, the Related Agreements, the Restated Charter, by law law, or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Series B 1 Preferred Stock Purchase Agreement (Oryx Technology Corp), Series B Preferred Stock Purchase Agreement (Oryx Technology Corp), Series C Preferred Stock Purchase Agreement (Oryx Technology Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementParty hereto, upon any breach or default of the any other party to Party hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder Party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party Party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder Party hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Shareholder Agreement (Xpeng Inc.), Share Subscription Agreement (Sunlands Online Education Group), Share Subscription Agreement (Sunlands Online Education Group)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, Party hereto upon any breach or default of the any other party to Party hereto under this Agreement shall impair any such right, power or remedy of such holder Party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party Party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder Party hereto, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Share Purchase Agreement (TH International LTD), Share Purchase Agreement (TH International LTD), Share Purchase Agreement (TH International LTD)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereto upon any breach or default of the any other party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder the aggrieved party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder the parties shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Option Agreement (Continental Minerals Corp), Option Agreement (China Nettv Holdings Inc), Option Agreement (China Nettv Holdings Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereto upon any breach or default of the other party to Company under this Agreement Agreement, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter thereunder occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stockholders' Agreement (LNT Leasing II, LLC), Stockholders Agreement (General Nutrition International Inc), Stockholders' Agreement (GNC Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementeither Party, upon any breach or default of the other party to Party under this Agreement shall impair any such right, power or remedy of such holder non-defaulting Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement either Party of any breach or default under this Agreement, Agreement or any waiver on the part of any party either Party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder either Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Vifor (International) LTD), Stock Purchase Agreement (Glaxosmithkline PLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other another party to under this Agreement shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party shall be cumulative and not alternative. [Remainder of page intentionally left blank.]
Appears in 2 contracts
Samples: Series B Convertible Preferred Stock Purchase Agreement (Visterra, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Visterra, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to under this AgreementWarrant, upon any breach or default of the any other party to under this Agreement Warrant, shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this AgreementWarrant, or any waiver on the part of any party of any provisions or conditions of this AgreementWarrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Warrant or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Warrant Agreement (eHi Car Services LTD), Warrant Agreement (eHi Car Services LTD)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, the Investor upon any breach or default of the other party to Company under this Agreement shall impair any such right, power power, or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Standard Parking Corp), Registration Rights Agreement (Standard Parking Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either provided under this Agreement or by law or otherwise afforded to any holder shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc), Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the any other party to this Agreement shall impair any such right, power or remedy of such holder non-defaulting party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party to this Agreement, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Maxygen Inc), Limited Liability Company Agreement (Maxygen Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in made 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 holder Preferred Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Liquor Com Inc), Investors' Rights Agreement (Liquor Com Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, hereunder upon any breach or default of the other party to GMC or IGI under this Agreement shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder such holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: License and Asset Purchase Agreement (Global Maintech Corp), License and Asset Purchase Agreement (Infinite Graphics Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, whether or not upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and writing, shall be effective only to the extent specifically set forth in such writingwriting and comply with Section 13(d) above. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (BTHC VI Inc), Registration Rights Agreement (Athersys Inc /Oh)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder non-breaching party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or of default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or of default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder each party hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series a Preferred Share Purchase Agreement, Series a Preferred Share Purchase Agreement (VanceInfo Technologies Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach or default, default or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any either party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder either party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (ExlService Holdings, Inc.), Supplemental Stockholders Agreement (ExlService Holdings, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementParty hereto, upon any breach or default of the any other party to Party under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party hereto of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Modern Medical Modalities Corp), Asset Purchase Agreement (Modern Medical Modalities Corp)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, upon any breach or default of the other another party to this Agreement Agreement, shall impair any such right, power or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach or default, or an any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of by any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any by such 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 writing and that all remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder otherwise, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Furukawa Electric Co LTD), Registration Rights Agreement (JDS Uniphase Corp /Ca/)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or of an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall it be construed to be any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law Law or otherwise afforded to any holder party hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Shareholder Agreement (Sunlands Online Education Group), Shareholder Agreement (Sunlands Online Education Group)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement person hereunder shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement person hereunder of any breach or default under this Agreement, or any waiver on the part of any party such person 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, remedies either under this Agreement or by law or otherwise afforded to any holder shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Seachange International Inc), Registration Rights Agreement (Concurrent Computer Corp/De)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Rights Agreement (Digital Insight Corp), Rights Agreement (Digital Insight Corp)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreement, Party upon any breach or default of the any other party to this Agreement Party shall impair any such right, power or remedy of such holder non-defaulting Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Credit Support and Reimbursement Agreement (Fluence Energy, Inc.), Credit Support and Reimbursement Agreement (Fluence Energy, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this AgreementParty, upon any breach or default of the other party to this Agreement Party, shall impair any such right, power or remedy of such holder non-breaching Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement Party of any breach or default under this Agreement, or any waiver on the part of any party Party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder holder, shall be cumulative and not alternative.. [Signatures Page Follows]
Appears in 2 contracts
Samples: Registration Rights Agreement (Strativation, Inc.), Registration Rights Agreement (Strativation, Inc.)
Delays or Omissions. No delay or omission to exercise any right, ------------------- power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part party of any party to this Agreement hereto of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Charys Holding Co Inc), Stock Purchase Agreement (Charys Holding Co Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, hereof upon any breach or default of the other party to under this Agreement of another party, shall be deemed a waiver of any other breach or default theretofore or thereafter occurring; nor shall it impair any such right, power or remedy of such holder the aggrieved party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement hereof of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder of the parties, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series B Preferred Share Purchase Agreement, Series B Preferred Share Purchase Agreement (Infinity Augmented Reality, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to hereto under this Agreement Agreement, shall impair any such right, power or remedy of such holder non-breaching party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law Law or otherwise afforded to any holder each party hereto shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series B Preferred Share Purchase Agreement, Series B Preferred Share Purchase Agreement (VanceInfo Technologies Inc.)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach or default of the other another party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder non-breaching party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement Agreement, or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Gardenburger Inc), Stock Purchase Agreement (Gardenburger Inc)
Delays or Omissions. No It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach breach, default or default of the other noncompliance by another party to under this Agreement or the Charter, shall impair any such right, power or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the any Purchaser's part of any party to breach, default or noncompliance under this Agreement of any breach or default under this Agreement, the Charter or any waiver on the such party's part of any party of any provisions or conditions of this Agreement, the Agreement or the Charter must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or Agreement, the Charter by law law, or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series D Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/), Series B Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Preferred Stock Purchase and Option Agreement (Travelers Group Inc), Registration Rights Agreement (Imc Mortgage Co)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementthe Investor, upon any breach or default of the by any other party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder the Investor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, remedies either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternativealternative or exclusive.
Appears in 2 contracts
Samples: Investor Rights Agreement (Aqua Metals, Inc.), Investor Rights Agreement (Aqua Metals, Inc.)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, Stockholder upon any breach or default of the other party to Company under this Agreement shall impair any such right, power power, or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stockholders' Agreement (Image Entertainment Inc), Stockholders' Agreement (JH Evergreen Management, LLC)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, upon any breach or default of the other party to this Agreement party, shall impair any such right, power or remedy of such holder non-breaching party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any either party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any either party of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement Agreement, or by law or otherwise afforded to any holder Holder, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Saleslogix Corp), Software License Agreement (Symantec Corp)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementhereto, upon any breach or default of the any other party to hereto under this Agreement shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, Agreement or any waiver on the part of any other party hereto of any provisions or conditions of this Agreement, Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Reata Pharmaceuticals Inc), Investors’ Rights Agreement (Reata Pharmaceuticals Inc)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to this Agreement, either Party upon any breach or default of the other party to under this Agreement shall impair any such right, power power, or remedy of such holder Party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent consent, or approval of any kind or character on the part of any party to this Agreement either Party of any breach or default under this Agreement, or any waiver on the part of any party either Party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writingwriting or as provided in this Agreement. All remedies, either under this Agreement or by law or otherwise afforded to any holder either Party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: License Agreement (Galena Biopharma, Inc.), Asset Purchase and License Agreement (Human Pheromone Sciences Inc)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party to this Agreementholder of any of the Stock, upon any breach or default of the other either party to under this Agreement shall impair any such right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement holder of any breach or default under this Agreement, or any waiver on the part of any party holder of any provisions or conditions of this Agreementagreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Series C Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent Inc), Series C Convertible Redeemable Preferred Stock Purchase Agreement (Bluebook International Holding Co)
Delays or Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party to this Agreementparty, upon any breach or default of the other another party to under this Agreement Agreement, shall impair any such right, power or remedy of such holder party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any nay waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (FCCC Inc), Stock Purchase Agreement (First Connecticut Capital Corp/New/)
Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any either party to this Agreement, hereto upon any breach or default of the other party to under this Agreement shall impair any such right, power or remedy of such holder party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any . No waiver of any single breach or default shall be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement hereto of any breach or default under this Agreement, or any waiver on the part of any party hereto of any provisions or conditions of this Agreement, must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any holder party, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Employment Agreement (Navteq Corp), Employment Agreement (Navigation Technologies Corp)
Delays or Omissions. No delay or omission to exercise any right, power power, or remedy accruing to any party to hereto or any subsequent holder of any Registrable Securities upon any breach, default or noncompliance of the Company under this Agreement, upon any breach or default of the other party to this Agreement shall impair any such right, power power, or remedy of such holder remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or an any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. Any It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on the part of the parties hereto of any party to breach, default or noncompliance under this Agreement of any breach or default under this Agreement, or any waiver on the part of any party the parties hereto 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 , and that all remedies, either under this Agreement or Agreement, by law law, or otherwise afforded to any holder the parties hereto, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (PSW Technologies Inc), Registration Rights Agreement (PSW Technologies Inc)
Delays or Omissions. No delay in exercising or omission to exercise any right, power or remedy accruing to any party to this Agreement, Purchaser or the Company upon any breach or default of the other party to Company or Purchaser under this Agreement agreement shall impair any such party's right, power or remedy of such holder nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party to this Agreement of any breach or default under this Agreementagreement, or any waiver on the part of any by either party of any provisions or conditions of this Agreement, must agreement shall to be effective 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 holder otherwise, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ac Humko Corp), Stock Purchase Agreement (Bionutrics Inc)
