Common use of Exercise of Rights and Remedies Clause in Contracts

Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to the party as a result of any breach or default by the other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 3 contracts

Samples: Partnership Interest Purchase Agreement (Cheniere Energy Inc), Partnership Interest Purchase Agreement (Contango Oil & Gas Co), Stock Purchase Agreement (Equifin Inc)

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Exercise of Rights and Remedies. Except as otherwise provided herein, ------------------------------ no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power power, or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc)

Exercise of Rights and Remedies. Except as otherwise provided herein, ------------------------------- no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 2 contracts

Samples: Agreement and Plan of Contribution (U S a Floral Products Inc), Agreement and Plan of Contribution (U S a Floral Products Inc)

Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of or in any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or of default occurring before or after that waiver.

Appears in 2 contracts

Samples: Stock Purchase and Investment Agreement (Oakhurst Co Inc), Merger Agreement (Ampace Corp)

Exercise of Rights and Remedies. Except as otherwise provided herein, no No delay of or omission in the exercise of any right, power or remedy accruing to the any party hereto as a result of any breach or default by the any other party hereto under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any such delay, omission or waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Interim Investors Agreement (R1 RCM Inc. /DE)

Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Stock Purchase Agreement (Metro Global Media Inc)

Exercise of Rights and Remedies. Except as otherwise provided hereinNo delay of, no delay of or omission in in, the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall will impair any such that right, power or remedy, nor shall it will any such delay or omission be construed as a waiver of of, or acquiescence in in, any such breach or default, or of any similar breach or default occurring later; , nor shall will any delay, omission or waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Registration and Preemptive Rights Agreement (IMS Health Holdings, Inc.)

Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed 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 47 53 breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Merger Agreement (Marinemax Inc)

Exercise of Rights and Remedies. Except as otherwise provided herein, no No delay of or omission in the ------------------------------- exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any such delay, omission nor waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Stockholders Agreement (Aerovox Inc)

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Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to the party any Party as a result of any breach or default by the any other party Party under this Agreement or the Other Agreements shall impair any such right, power or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Restructuring Agreement (Global Casinos Inc)

Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, -88- 96 or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Merger Agreement (Vestcom International Inc)

Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any -77- breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Merger Agreement (Metals Usa Inc)

Exercise of Rights and Remedies. Except as otherwise provided ------------------------------- herein, no delay of or omission in the exercise of any right, power or remedy accruing to the party any Party as a result of any breach or default by the any other party Party under this Agreement shall impair any such right, power or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ifco Systems Nv)

Exercise of Rights and Remedies. Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to the any party as a result of any breach or default by the any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed 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 deemed a waiver of any other breach or default occurring before or after that waiver.

Appears in 1 contract

Samples: Merger Agreement (Unicapital Corp)

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