Common use of Failure or Delay Not Waiver; Remedies Cumulative Clause in Contracts

Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 12 contracts

Samples: Stock Purchase Agreement (Fiesta Restaurant Group, Inc.), Stock Purchase Agreement (Syneos Health, Inc.), Agreement and Plan of Merger (E.W. SCRIPPS Co)

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Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 11 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Barnes & Noble Inc), Agreement and Plan of Merger (Barnes & Noble Inc)

Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of any party Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 9 contracts

Samples: Stock Exchange Agreement, Voting Agreement (Newhouse Broadcasting Corp), Preferred Share Exchange Agreement (Newhouse Broadcasting Corp)

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Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of any party Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty warranty, covenant or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 4 contracts

Samples: Asset Exchange Agreement (CrossAmerica Partners LP), Asset Exchange Agreement, Asset Purchase Agreement (CrossAmerica Partners LP)

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