Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 6 contracts
Samples: Master Separation Agreement (Tality Corp), Master Separation Agreement (Tality Corp), Master Separation Agreement (Tality Corp)
Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either 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 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Caseys General Stores Inc), Membership Interest Purchase Agreement (Smart Balance, Inc.), Membership Interest Purchase Agreement (Smart Balance, Inc.)
Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Tality Corp), Asset Purchase Agreement (Tality Corp), Asset Purchase Agreement (Tality Corp)
Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either party hereto any Party 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Hurco Companies Inc), Escrow Agreement (Hurco Companies Inc)
Failure or Delay Not Waiver; Remedies Cumulative. No Except as otherwise specifically provided herein, no failure or delay on the part of either 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hardinge Inc), Support Agreement (Hardinge Inc)
Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Global Energy, Inc.), Asset Purchase Agreement (Global Energy, Inc.)
Failure or Delay Not Waiver; Remedies Cumulative. No ------------------------------------------------ failure or delay on the part of either party 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 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 Except as provided in Section 3.11, all rights and remedies existing under this Agreement or any Ancillary Agreement, the Schedules or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either party hereto any Party 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Share Purchase Agreement (Rli Corp)
Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either 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 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 Except as otherwise set forth in Section 7.6 hereof, all rights and remedies existing under this Agreement or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Stock purchase agreement (Interactive Intelligence Group, Inc.)
Failure or Delay Not Waiver; Remedies Cumulative. No failure or delay on the part of either 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 109 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 or any Ancillary Agreement, or the Exhibits or Schedules attached hereto or thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Liberty Interactive Corp)