Exercise of Rights and Remedies. Except as otherwise provided herein, no delay or omission in the exercise of any right, power or remedy accruing to any party hereto as a result of any breach or default hereunder by any other party hereto shall impair any such right, power or remedy, nor shall it be construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 85 contracts
Samples: Stock Purchase Agreement (Dice Holdings, Inc.), Contribution Agreement (Apple Orthodontix Inc), Merger Agreement (Innovative Valve Technologies Inc)
Exercise of Rights and Remedies. Except as otherwise ------------------------------- provided herein, no delay or omission in the exercise of any right, power or remedy accruing to any party hereto Party as a result of any breach or default hereunder by any other party hereto Party shall impair any such right, power or remedy, nor shall it be construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 15 contracts
Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay or omission in the exercise of any right, power or remedy accruing to any party hereto Party as a result of any breach or default hereunder by any other party hereto Party shall impair any such right, power or remedy, nor shall it be construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 13 contracts
Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Omnilynx Communications Corp)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay or omission in the exercise of any right, power power, or remedy accruing to any party hereto as a result of any breach or default hereunder by any other party hereto shall impair any such right, power power, or remedy, nor shall it be construed, deemed deemed, or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be construed, deemed deemed, or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 5 contracts
Samples: Share Purchase Agreement (United Community Banks Inc), Merger Agreement (Industrial Distribution Group Inc), Merger Agreement (Industrial Distribution Group Inc)
Exercise of Rights and Remedies. Except as this Agreement otherwise provided hereinprovides, no delay or omission in the exercise of of, or failure to assert, any right, power or remedy accruing to any party hereto as a result of any breach or default hereunder by any other party hereto shall will impair any such right, power or remedy, nor shall will it be construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall will any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver. The failure of any party to this Agreement to assert any of its rights under the Transaction Agreements or otherwise shall not constitute a waiver of such rights.
Appears in 4 contracts
Samples: Master Agreement (Marathon Oil Corp), Master Agreement (Marathon Oil Corp), Master Agreement (Ashland Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, ------------------------------- no delay or omission in the exercise of any right, power power, or remedy accruing to any party hereto as a result of any breach or default hereunder by any other party hereto shall impair any such right, power power, or remedy, nor shall it be construed, deemed deemed, or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be construed, deemed deemed, or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 3 contracts
Samples: Agreement and Plan of Combination (Jw Charles Financial Services Inc/Fl), Agreement and Plan of Combination (J W Genesis Financial Corp), Agreement and Plan of Combination (Jw Charles Financial Services Inc/Fl)
Exercise of Rights and Remedies. Except as otherwise ------------------------------- provided herein, no delay or omission in the exercise of any right, power or remedy accruing to any party hereto as a result of any breach or default hereunder by any other party hereto shall impair any such right, power or remedy, nor shall it be construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 2 contracts
Samples: Shareholder Agreement (Pitt Des Moines Inc), Standby Funding Agreement (Pitt Des Moines Inc)
Exercise of Rights and Remedies. Except as this Agreement otherwise provided hereinprovides, no delay or omission in the exercise of any right, power or remedy accruing to any party hereto as a result of any breach or default hereunder by any other party hereto shall will impair any such right, power or remedy, nor shall will it be construed, deemed or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall will any waiver of any single breach or default be construed, deemed or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver.
Appears in 1 contract
Samples: Stock Purchase Agreement (Nci Building Systems Inc)
Exercise of Rights and Remedies. Except as otherwise provided herein, no delay or omission in the exercise of any right, power power, or remedy accruing to any either party hereto as a result of any breach or default hereunder by any other party hereto shall will impair any such right, power power, or remedy, nor shall will it be construed, deemed deemed, or interpreted as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall will any waiver of any single breach or default be construed, deemed deemed, or interpreted as a waiver of any other breach or default hereunder occurring before or after that waiver. Each parties' remedies, either under this Agreement, or by law or otherwise afforded to the parties hereto, will be cumulative and not alternative.
Appears in 1 contract
