Common use of Effect of Waiver or Consent Clause in Contracts

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run.

Appears in 32 contracts

Samples: Stock and Asset Purchase Agreement, Agreement and Plan of Merger (Ideanomics, Inc.), Asset Purchase Agreement (Meta Materials Inc.)

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Effect of Waiver or Consent. No waiver or consent, express or implied, by any party person to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party person of its rights hereunder until the applicable statute of limitation period has run.

Appears in 10 contracts

Samples: Stock Purchase Agreement (Federal Services Acquisition CORP), Stock Purchase Agreement (Ats Corp), Agreement (SCP Private Equity Partners Ii Lp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party Party to or of any breach or default by any party Party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party Party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party Party to complain of any act of any party Party or to declare any party Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party Party of its rights hereunder until the applicable statute of limitation period has run.

Appears in 4 contracts

Samples: Share Purchase Agreement (Battery Future Acquisition Corp.), Securities Transfer Agreement (Tristar Acquisition I Corp.), Equity Purchase Agreement (Esco Technologies Inc)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party Party to or of any breach or default by any party Party in the performance by such party Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party Party of the same or any other obligations of such party Party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party Party to complain of any act of any party Party or to declare any party Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party Party of its rights hereunder until the applicable statute of limitation period has run.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Wireless Telecom Group Inc), Agreement and Plan of Merger (Helios Technologies, Inc.), Securities Purchase Agreement (Kirby Corp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party Party of or to or of any breach or default by any party other Party in the performance by such party other Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party other Party of the same or any other obligations of such party other Party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof of any right or power under this Agreement or the exercise of any other right or power. Failure on the part of a party Party to complain of any act of any party other Party or to declare any party other Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party Party of its rights hereunder until after the applicable statute of limitation period has run.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Elan Corp PLC), Asset Purchase Agreement (Biogen Idec Inc.), Second Amendment Agreement (Merck & Co. Inc.)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party Party to or of any breach or default by any party other Party in the performance by such party other Party of its obligations hereunder shall be effective unless in writing and signed by the Party waiving such breach or default. No waiver or consent shall be deemed or construed to be a consent or waiver to or of any other or subsequent breach or default in the performance by such party other Party of the same or any other obligations of such party other Party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party Party to exercise its rights or to complain of any act of any party the other Party or to declare any party the other Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party Party of its rights hereunder until the applicable statute of limitation period has run.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement (Tosco Corp), Asset Purchase and Sale Agreement (Ultramar Diamond Shamrock Corp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to or of any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run.

Appears in 2 contracts

Samples: Equity Purchase and Contribution Agreement (Select Medical Corp), Stock Purchase Agreement (Select Medical Corp)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party Party to or of any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run.

Appears in 1 contract

Samples: Merger Agreement (Turtle Beach Corp)

Effect of Waiver or Consent. ​ No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ideanomics, Inc.)

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Effect of Waiver or Consent. No waiver or consent, express or implied, by any party Person to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party Person of its rights hereunder until the applicable statute of limitation period has run.

Appears in 1 contract

Samples: Stock Purchase Agreement (ICF International, Inc.)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party of or to or of any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a waiver or consent of or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such other party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party of its rights hereunder until the applicable statute of limitation limitations period has run.

Appears in 1 contract

Samples: Agreement and Plan of Merger (McGraw Hill Financial Inc)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party Person to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof or the exercise of any other right or power. Failure on the part of a party to complain of any act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party Person of its rights hereunder until the applicable statute of limitation period has run.

Appears in 1 contract

Samples: Membership Unit Purchase Agreement (NovaBay Pharmaceuticals, Inc.)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party of or to or of any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise thereof of any right or power under this Agreement or the exercise of any other right or power. Failure on the part of a party to complain of any act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until after the applicable statute of limitation period has run.

Appears in 1 contract

Samples: Purchase and Sale Agreement (PERRIGO Co PLC)

Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. No single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce any right or power, shall preclude any other or further exercise 109 thereof or the exercise of any other right or power. Failure on the part of a party to complain of exercise any act of any party or right pursuant to declare any party in defaultthis Agreement, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder under this Agreement until the applicable statute of limitation period has run. Any agreement by a party to any extension or waiver will be valid only if set forth in writing and signed by such party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (ZeroFox Holdings, Inc.)

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