Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 139 contracts
Samples: Registration Rights Agreement (Uxin LTD), Registration Rights Agreement (Reneo Pharmaceuticals, Inc.), Agreement and Plan of Merger (Reneo Pharmaceuticals, Inc.)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 46 contracts
Samples: Investor Rights Agreement, Rights Agreement, Registration Rights Agreement (Famous Daves of America Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any either party upon any breach or default of any the other party under this Agreement hereto shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 11 contracts
Samples: Purchase Agreement (Coca-Cola Consolidated, Inc.), Repurchase Agreement (Trinet Group, Inc.), Repurchase Agreement (Central Pacific Financial Corp)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to on the part of any party upon any breach or default of any other party under to this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any party of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, such writing and that all remedies, remedies either under this Agreement, or by law or otherwiseotherwise afforded to any party, shall be cumulative and not alternative.
Appears in 11 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (China Medical Technologies, Inc.), Share Purchase Agreement (Tongjitang Chinese Medicines Co)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Investors' Rights Agreement (Rightnow Technologies Inc), Investors' Rights Agreement (Rightnow Technologies Inc), ' Rights Agreement (Rightnow Technologies Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 7 contracts
Samples: Investors’ Rights Agreement (RxSight, Inc.), Registration Rights Agreement (Dialogic Inc.), Registration Rights Agreement (Tennenbaum Capital Partners LLC)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party the Subscriber, upon any breach or default of any other party the Company under this Agreement the Subscription Documents shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or 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. It is further agreed that any waiver, permit, consent or approval of any kind or character by Subscriber of any breach or default under this Agreement, or any waiver by any Subscriber of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Subscriber, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Common Stock Subscription Agreement (Aerkomm Inc.), Put Option Agreement (Healing Co Inc.), Securities Subscription Agreement (Healing Co Inc.)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any the other party under this Agreement Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver 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 writing, and that all remedies, either under this Agreement, Agreement or by law or otherwise, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Note Purchase Agreement (Divicore Inc), Securities Purchase Agreement (Apollon Inc), Convertible Debenture and Warrant Purchase Agreement (Divicore Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Corporation under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Registration Rights Agreement (IsoRay, Inc.), Registration Rights Agreement (IsoRay, Inc.), Registration Rights Agreement (IsoRay, Inc.)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 6 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Tpi Composites, Inc), Investor Rights Agreement (Tpi Composites, Inc)
Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Investors' Rights Agreement (Us Search Corp Com), Registration Rights Agreement (Genstar Therapeutics Corp), Registration Rights Agreement (Genstar Therapeutics Corp)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party each Subscriber, upon any breach or default of any other party the Company under this Agreement the Subscription Documents shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or 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. It is further agreed that any waiver, permit, consent or approval of any kind or character by Subscriber of any breach or default under this Agreement, or any waiver by any Subscriber of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Subscriber, shall be cumulative and not alternative.
Appears in 5 contracts
Samples: Subscription Agreement (Marizyme Inc), Common Stock Subscription Agreement (Aerkomm Inc.), Common Stock Subscription Agreement (Aerkomm Inc.)
Delays or Omissions. It is agreed The parties agree that no delay or omission to exercise any right, power or remedy accruing to any party each Purchaser, upon any breach or default of any other party the Company under this Agreement shall will impair any such right, power or remedy, nor shall will it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by any Purchaser of any breach or default under this Agreement, or any waiver by any Purchaser of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Purchasers, shall will be cumulative and not alternative.
Appears in 4 contracts
Samples: Note Purchase Agreement (Desert Hawk Gold Corp.), Note and Warrant Purchase Agreement (Augme Technologies, Inc.), Note Purchase Agreement (Bitzio, Inc.)
Delays or Omissions. It is agreed that Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any other party under to this Agreement Agreement, shall impair any such right, power or remedy, remedy of such party nor shall it be construed to be a waiver of any such breach or default, or any 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. It is further agreed that any Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver 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, and that all . All remedies, either under this Agreement, Agreement or by law or otherwiseotherwise afforded to any party to this Agreement, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Franklin Consolidated Mining Co Inc), Securities Purchase Agreement (Dualstar Technologies Corp), Stock Purchase Agreement (Franklin Consolidated Mining Co Inc)
Delays or Omissions. It is agreed The parties hereto agree that no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any the other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is The parties further agreed agree that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in a writing signed by an authorized representative of the party against whom enforcement is sought and shall be effective only to the extent specifically set forth in such a writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Development and Supply Agreement (Watchguard Technologies Inc), Development and Supply Agreement (Watchguard Technologies Inc), Development and Supply Agreement (Watchguard Technologies Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party Party upon any breach or default of any other party Party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Settlement Agreement (Diamond Offshore Drilling, Inc.), Stock Purchase Agreement (World Acceptance Corp), Stock Purchase Agreement (World Acceptance Corp)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Registration Rights Agreement (Schaefer Holdings, LP), Registration Rights Agreement (Perlegen Sciences Inc), Registration Rights Agreement (Superior Offshore International Inc.)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party Preferred Shareholder, upon any breach or default of any other party the Company under this Agreement Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by any Preferred Shareholder of any breach or default under this Agreement, or any waiver by any Preferred Shareholder of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Preferred Shareholder, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Members Agreement, Members Agreement (GDS Holdings LTD), Members Agreement (GDS Holdings LTD)
Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power or remedy accruing to any party upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Citysearch Inc), Agreement and Plan of Reorganization (Ticketmaster Online Citysearch Inc), Stockholders' Agreement (Citysearch Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party party, upon any breach breach, default or default of any other noncompliance by another party under this Agreement, the Investors' Rights Agreement, the Co-Sale Agreement or the Restated Articles, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Purchaser's part of any breach breach, default or default noncompliance under this Agreement, Agreement or under the Restated Articles or any waiver on such party's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law the Restated Articles, Bylaws, or otherwiseotherwise afforded to any party, shall be cumulative and not alternative.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Women Com Networks Inc), Series E Preferred Stock Purchase Agreement (Women Com Networks Inc), Series D Preferred Stock Purchase Agreement (Women Com Networks Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.,
Appears in 3 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (EPAM Systems, Inc.), Registration Rights Agreement (EPAM Systems, Inc.)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party Peoples under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement (Peoples Bancorp Inc), Registration Rights Agreement (Peoples Bancorp Inc)
Delays or Omissions. It is agreed The parties agree that no delay or omission to exercise any right, power or remedy accruing to any party the Purchaser, upon any breach or default of any other party the Company under this Agreement shall will impair any such right, power or remedy, nor shall will it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by the Purchaser of any breach or default under this Agreement, or any waiver by the Purchaser of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwise, shall otherwise afforded to the Purchaser will be cumulative and not alternative.
Appears in 2 contracts
Samples: Securities Purchase Agreement (IIOT-OXYS, Inc.), Securities Purchase Agreement (IIOT-OXYS, Inc.)
Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power or remedy accruing to any party upon any breach or default of any the other party under this Agreement Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver 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 writing, and that all remedies, either under this Agreement, Agreement or by law or otherwise, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Subordinated Note and Warrant Purchase Agreement (Divicore Inc), Subordinated Note and Warrant Purchase Agreement (Divicore Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party Holder, upon any breach breach, default or default non-compliance of any other party the Company under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnon-compliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or non-compliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Holder’s part of any breach breach, default or default non-compliance under this Agreement, Agreement or any waiver on such Holder’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law or otherwiseotherwise afforded to the Holders, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (Alibaba Group Holding LTD)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.,
Appears in 2 contracts
Samples: Registration Rights Agreement (Opinion Research Corp), Registration Rights Agreement (LLR Equity Partners Lp)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence thereinthereto, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 2 contracts
Samples: Agreement, Agreement (Innoviva, Inc.)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to on the part of the Company or any party Shareholder upon any breach or default of any other party under to this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of if 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. It is further agreed that any waiver, permit, consent or approval of any kind or character on the Company or any Shareholder’s part of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, such writing and that all remedies, remedies either under this Agreement, or by law otherwise afforded to the Company or otherwiseany Shareholder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Shareholders Agreement (Tongjitang Chinese Medicines Co)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party party, upon any breach breach, default or default of any other noncompliance by another party under this Agreement, the Registration Rights Agreement or the LLC Agreement or any other Transaction Document, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Grantee’s part of any breach breach, default or default noncompliance under this Agreement, the Registration Rights Agreement or under the LLC Agreement or any other Transaction Document or any waiver on such party’s part of any provisions or conditions of this the Agreement, the Registration Rights Agreement or the LLC Agreement or any other Transaction Document must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law the Registration Rights Agreement, the LLC Agreement or otherwiseany other Transaction Document, by-laws, or otherwise afforded to any party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Transfer, Assignment and Assumption Agreement (Myriant Corp)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party Party upon any breach or default of any the other party under this Agreement Party shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party FCG under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holder, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Registration Rights Agreement (First Consulting Group Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing signed by the party to be charged and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Purchase Agreement (Comscore, Inc.)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power power, or remedy accruing to any party Holder, upon any breach breach, default or default noncompliance of any other party Parent under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. It is agreed that no delay or omission to exercise any rightrights, power power, or remedy accruing to any party upon any breach breach, default or default noncompliance of any other party the Company under this Rights Agreement shall impair any such rightrights, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach breach, default or default noncompliance under this Agreement, Rights Agreement or any waiver of any provisions or conditions of this Rights Agreement must be in writing writing, must be made in accordance with Section 5.8 and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Rights Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 1 contract
Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power or remedy accruing to any party upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Imx Exchange Inc)
Delays or Omissions. It is agreed that Except as expressly provided in this Lock-Up Agreement, no delay or omission to exercise any right, power or remedy accruing to any party the Investors or its respective successors or assigns, upon any breach or default of by any other party hereto under this Lock-Up Agreement shall impair any such right, power or remedyremedy of such party or its respective successors or assigns, as the case may be, nor shall it be construed to be a waiver of any such breach or default, or any an acquiescence therein, or of a waiver of or acquiescence in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all All remedies, either under this Agreement, Lock-Up Agreement or by law or otherwise, otherwise shall be cumulative and not alternative.
Appears in 1 contract
Samples: Lock Up Agreement (Visijet Inc)
Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power or remedy accruing to any party hereto, upon any breach or default of any other party under this Agreement hereto shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, herein 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. It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of the party hereto of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, such writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to such party, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Voting Agreement (Comps Com Inc)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set 7 forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.
Appears in 1 contract
Samples: Stock Repurchase Agreement (Asset Acceptance Capital Corp)
Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any party parry, upon any breach breach, default or default of any other noncompliance by another party under this Agreement Agreement, or any ocher agreements entered into in connection herewith (collectively, the "Related Agreements"), shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach default or defaultnoncompliance, or any acquiescence therein, . or of any similar breach default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, . permit, consent or approval of any kind or character of any breach breach, default or default noncompliance under this Agreement, or any waiver Agreement of any provisions or conditions of this Agreement the Related Agreements must be in writing and shall be effective only to the extent specifically set forth in is such writing, and that all remedies. All dies, either under undo this AgreementAgreement or the Related Agreements, by law or otherwiseotherwise afforded to any parry, shall be cumulative and not alternative.. [THIS SPACE INTENTIONALLY LEFT BLANK]
Appears in 1 contract