Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 135 contracts
Samples: Common Stock Purchase Agreement (BRS Group Inc), Common Stock Purchase Agreement (BRS Group Inc), Common Stock Purchase Agreement (Sino Green Land Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 116 contracts
Samples: Agreement and Plan of Merger (Otonomo Technologies Ltd.), Business Combination Agreement (TKB Critical Technologies 1), Subscription Agreement (Thayer Ventures Acquisition Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 107 contracts
Samples: Registration Rights Agreement (Valvoline Inc), Registration Rights Agreement (Ashland LLC), Registration Rights Agreement (Valvoline Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other rightrights. All Except as otherwise provided hereunder, all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 55 contracts
Samples: Share Exchange Agreement (Collective Audience, Inc.), Agreement and Plan of Merger (Synergy CHC Corp.), Acquisition Agreement (SMC Entertainment, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 51 contracts
Samples: Agreement and Plan of Merger (United Microelectronics Corp), Agreement and Plan of Merger (Investools Inc), Agreement and Plan of Merger (Infodata Systems Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 48 contracts
Samples: Asset Purchase Agreement (Hightimes Holding Corp.), Asset Purchase Agreement (Hightimes Holding Corp.), Sales Representation Agreement (Origo Acquisition Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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 36 contracts
Samples: Agreement and Plan of Merger (CNL Income Fund Xiii LTD), Agreement and Plan of Merger (CNL Income Fund Viii LTD), Agreement and Plan of Merger (U S Restaurant Properties Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits or Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 30 contracts
Samples: Master Transaction Agreement (Mobileye Global Inc.), Master Transaction Agreement (Vmware, Inc.), Master Transaction Agreement (FVA Ventures, Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 26 contracts
Samples: Acquisition Agreement (Processa Pharmaceuticals, Inc.), Acquisition Agreement (Madison Technologies Inc.), Acquisition Agreement (Madison Technologies Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will 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 nay will any single or partial exercise of any such right preclude any other (or further further) exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive to or exclusive of, any rights or remedies otherwise availableavailable to a party hereunder.
Appears in 26 contracts
Samples: Agreement and Plan of Merger (Fortune Rise Acquisition Corp), Escrow Agreement (Australian Oilseeds Holdings LTD), Escrow Agreement (MENA ENERGY SERVICES HOLDINGS LTD)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 26 contracts
Samples: Agreement and Plan of Merger (FORM Holdings Corp.), Employment Agreement (Document Security Systems Inc), Agreement and Plan of Merger (Vringo Inc)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 24 contracts
Samples: Securities Purchase Agreement (Tricell Inc), Agreement and Plan of Merger (Hologic Inc), Preferred Stock Purchase Agreement (Verticalbuyer Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise or waiver of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement or the exhibits or schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 23 contracts
Samples: Master Transition Services Agreement, Master Separation Agreement, Investor Rights Agreement (Match Group, Inc.)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 towith, and not exclusive of, any rights or remedies otherwise available.
Appears in 21 contracts
Samples: Non Compete Agreement (Newfield Exploration Co /De/), Restricted Stock Unit Award Agreement (Newfield Exploration Co /De/), Non Compete Agreement (Newfield Exploration Co /De/)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant or agreement contained herein, nor shall nay 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 the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 20 contracts
Samples: Employee Matters Agreement (Crane Co), Employee Matters Agreement (Crane NXT, Co.), Master Separation Agreement
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 18 contracts
Samples: Agreement and Plan of Merger (Euramax International PLC), Agreement and Plan of Merger (Euramax International PLC), Agreement and Plan of Merger And (MSR Exploration LTD)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules or Exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 15 contracts
Samples: Master Separation and Distribution Agreement (Pharmacopeia Drug Discovery Inc), Separation and Distribution Agreement (Pharmacopeia Drug Discovery Inc), Master Separation and Distribution Agreement (Pharmacopeia Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay 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 14 contracts
Samples: Intellectual Property Matters Agreement (Qualtrics International Inc.), Intellectual Property Matters Agreement (Qualtrics International Inc.), Intellectual Property Matters Agreement (Qualtrics International Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 12 contracts
Samples: Employee Matters Agreement (Mobileye Global Inc.), Employee Matters Agreement (Mobileye Global Inc.), Separation and Distribution Agreement
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto Party in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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: Internalization Agreement (MN8 Energy, Inc.), Internalization Agreement (MN8 Energy, Inc.), Internalization Agreement (MN8 Energy, Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits or Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 11 contracts
Samples: Master Transaction Agreement (Renren Inc.), Master Transaction Agreement (Kaixin Auto Holdings), Master Transaction Agreement (Sina Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 10 contracts
Samples: Master Separation Agreement, Tax Sharing Agreement (Paragon Offshore PLC), Master Separation Agreement (Noble Corp PLC)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 10 contracts
Samples: Contingent Share Purchase Agreement (Hightimes Holding Corp.), Contingent Stock Purchase Agreement (Hightimes Holding Corp.), Asset Purchase Agreement (Boxlight Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant or agreement hereinhereof, nor shall nay 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: Purchase and Sale Agreement, Purchase and Sale Agreement, Form of Continuing Services Agreement
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Except as otherwise explicitly provided for elsewhere herein, all rights and remedies existing under this Agreement are cumulative to, and not exclusive to, and not exclusive of, any rights or remedies otherwise available.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Cannae Holdings, Inc.), Agreement and Plan of Merger (Dun & Bradstreet Corp/Nw), Share Purchase Agreement (Alcoa Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto 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, covenant warranty or agreement herein, nor shall nay 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 8 contracts
Samples: Stockholders’ Agreement (Silver Lake Group, L.L.C.), Stockholders’ Agreement (Qualtrics International Inc.), Conveyance and Assumption Agreement
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules or Exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 8 contracts
Samples: Asset Divestiture Agreement (Gateway Certifications, Inc.), General Assignment and Assumption Agreement (Palm Inc), Assignment and Assumption Agreement (Agilent Technologies Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 7 contracts
Samples: Non Competition Agreement (RLX Technology Inc.), Non Competition Agreement (NetEase, Inc.), Transitional Services Agreement (NetEase, Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 in addition to, and not exclusive of, any rights or remedies otherwise available.
Appears in 7 contracts
Samples: Acquisition Agreement (Private Capital Investors Inc), Agreement (Boots & Coots International Well Control Inc), Consent and Voting Agreement (Nabors Industries Inc)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 towith, and not exclusive of, any rights or remedies otherwise available.
Appears in 7 contracts
Samples: Purchase Agreement (Dresser Inc), Purchase and Sale Agreement, Agreement and Plan of Merger (Pen Interconnect Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 5 contracts
Samples: Agreement and Plan of Merger (Xpedite Systems Inc), Agreement and Plan of Merger (Emc Corp), Agreement and Plan of Merger (Emc Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant covenant, or agreement contained herein, nor shall nay 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 5 contracts
Samples: Tax Matters Agreement (Nuvectra Corp), Tax Matters Agreement (Greatbatch, Inc.), Tax Matters Agreement (Qig Group, LLC)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant or agreement herein, nor shall nay 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 5 contracts
Samples: Transitional Services Agreement (Atmos Energy Corp), Transitional Services Agreement (Atmos Energy Corp), Transitional Services Agreement (Atmos Energy Corp)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 5 contracts
Samples: Sub Services Agreement (Cabletron Systems Inc), Sharing and Indemnity Agreement (Maxtor Corp), Tax Sharing Agreement (Snap Appliances Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Except as otherwise provided herein all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 5 contracts
Samples: Registration Rights Agreement (Global Self Storage, Inc.), Agreement and Plan of Merger (First Solar, Inc.), Voting Agreement (Lecg Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto 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, covenant or agreement herein, nor shall nay 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: Agreement and Plan of Merger (Tetridyn Solutions Inc), Agreement and Plan of Merger (Ocean Thermal Energy Corp), Agreement and Plan of Merger (Ocean Thermal Energy Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will 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 nay will 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Voting Agreement (Swift Transportation Co Inc), Voting Agreement (Swift Transportation Co Inc), Voting Agreement (Swift Transportation Co Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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: Agreement and Plan of Merger (U S Restaurant Properties Inc), Agreement and Plan of Merger (CNL Restaurant Properties Inc), Agreement and Plan of Merger (Commercial Net Lease Realty Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Master Services Agreement (Transocean Partners LLC), Master Services Agreement (Transocean Partners LLC), Master Services Agreement (Transocean Partners LLC)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant or agreement contained herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Subject to the provisions of Article V, all rights and remedies existing under this Agreement or the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Master Separation Agreement, Master Separation Agreement (Babcock & Wilcox Enterprises, Inc.), Master Separation Agreement (Babcock & Wilcox Co)
Failure or Indulgence 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, covenant or agreement hereinthis Agreement, nor shall nay 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: Indemnification Agreement (Newfield Exploration Co /De/), Indemnification Agreement (Newfield Exploration Co /De/), Indemnification Agreement (CHG Healthcare Services, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Insurance Matters Agreement (Qualtrics International Inc.), Insurance Matters Agreement (Qualtrics International Inc.), Tax Sharing Agreement (Covisint Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits and Annexes attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Manufacture and Supply Agreement (Entegris Inc), Membrane Manufacture and Supply Agreement (Entegris Inc), Manufacture and Supply Agreement (Entegris Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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: Agreement and Plan of Merger (Siemens Aktiengesellschaft), An Agreement and Plan of Merger (Dyckerhoff Aktiengesellschaft), Agreement and Plan of Merger (Manhattan Acquisition Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant warranty or agreement herein, nor shall nay 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: Transition Services Agreement (Plains Resources Inc), Transition Services Agreement (Plains Resources Inc), Transition Services Agreement (Plains Exploration & Production Co L P)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto Party in the exercise of any right hereunder under this Agreement shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant or agreement hereincontained in this Agreement, nor shall nay 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: Agreement and Plan of Merger (Access Plans Inc), Agreement and Plan of Merger (Access Plans USA, Inc.), Asset Purchase Agreement (Precis Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits or Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 4 contracts
Samples: Master Transaction Agreement (Qualtrics International Inc.), Master Transaction Agreement (Qualtrics International Inc.), Master Transaction Agreement (Qualtrics International Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 3 contracts
Samples: Agreement and Plan of Merger (Irwin Naturals 4 Health), Agreement and Plan of Merger (Global Industrial Technologies Inc), Agreement and Plan of Merger and Reorganization (Innovasive Devices Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits or Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Registration Rights Agreement (Covisint Corp), Registration Rights Agreement (Covisint Corp), Separation and Distribution Agreement (Insession Technologies Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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.. 8.12
Appears in 3 contracts
Samples: Agreement and Plan (Autodesk Inc), Agreement and Plan (Autodesk Inc), Agreement and Plan (Discreet Logic Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any either party hereto in the exercise of any right hereunder shall impair such that right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay 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 the Schedules or Exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Separation Agreement (Texas Genco Holdings Inc), Separation Agreement (Texas Genco Holdings Inc), Separation Agreement (Centerpoint Energy Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Matters Agreement (Qualtrics International Inc.), Matters Agreement (Qualtrics International Inc.), Employee Matters Agreement (Qualtrics International Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Employee Matters Agreement (Carrols Restaurant Group, Inc.), Employee Matters Agreement (Fiesta Restaurant Group, Inc.), Employee Matters Agreement (Fiesta Restaurant Group, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or ----------------------------------------------------- delay on the part of any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Corvis Corp), Agreement and Plan of Merger (Active Software Inc), Agreement and Plan of Merger (Speechworks International Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto 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, covenant warranty or agreement herein, nor shall nay 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 3 contracts
Samples: Agreement and Plan of Merger (Forestar Group Inc.), Agreement and Plan of Merger (Horton D R Inc /De/), Agreement and Plan of Merger (Forestar Group Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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, except as otherwise provided herein.
Appears in 3 contracts
Samples: Vii Agreement and Plan of Merger (Schuler Homes Inc), Agreement and Plan of Merger (Horton D R Inc /De/), Agreement and Plan of Merger (Continental Homes Holding Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 ofto, and not exclusive of any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Acquisition Agreement (Limitless Venture Group Inc.), Acquisition Agreement (Limitless Venture Group Inc.), Acquisition Agreement (Limitless Venture Group Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 Agreement, the Inter-Company Agreements and the Exhibits and Schedules referenced or attached hereto and thereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Master Transaction Agreement (NetEase, Inc.), Master Transaction Agreement (Youdao, Inc.), Master Transaction Agreement (Youdao, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Master Confidential Disclosure Agreement (Mercfuel Inc), Master Confidential Disclosure Agreement (Catalytica Energy Systems Inc), Master Confidential Disclosure Agreement (Catalytica Energy Systems Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will 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 nay will 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.other
Appears in 3 contracts
Samples: Voting Agreement (Thousand Trails Inc /De/), Voting Agreement (Carl Marks Management Co L P /Ny/), Voting Agreement (Thousand Trails Inc /De/)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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, whether by contract, at law, in equity or otherwise.
Appears in 3 contracts
Samples: Subordinated Revolving Credit Agreement (Clarient, Inc), Subordinated Revolving Credit Agreement (Clarient, Inc), Subordinated Revolving Credit Agreement (Clarient, Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Subject to Section 9.7, all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Registration Rights Agreement (Freescale Semiconductor Inc), Registration Rights Agreement (Motorola Inc), Registration Rights Agreement (Freescale Semiconductor Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 3 contracts
Samples: Transitional Services Agreement (Aquila Energy Corp), Transitional Services Agreement (Aquila Inc), License and Transfer Agreement (Aquila Energy Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay will any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Except as otherwise expressly set forth herein, all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies in law or in equity otherwise available.
Appears in 3 contracts
Samples: Voting Agreement (Silverleaf Resorts Inc), Voting Agreement (Silverleaf Resorts Inc), Voting Agreement (Dyncorp International Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 3 contracts
Samples: Indemnification and Insurance Matters Agreement (Nptest Inc), Master Confidential Disclosure Agreement (Nptest Inc), Master Transitional Services Agreement (Nptest Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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.. SECTION 10.10
Appears in 2 contracts
Samples: Tender Offer Agreement and Agreement and Plan of Merger (Co Steel Inc), Tender Offer Agreement and Agreement and Plan of Merger (New Jersey Steel Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof thereto 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 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Celebrity Entertainment Group Inc), Agreement and Plan of Merger and Reorganization (Celebrity Entertainment Group Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on by any of the part of any party hereto in the Parties to 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 warranty or agreement herein, nor shall nay 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 2 contracts
Samples: Separation and Distribution Agreement (Morgan Group Holding Co), Separation and Distribution Agreement (Lynch Interactive Corp)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 2 contracts
Samples: Copper Cathode Sale and Purchase Agreement (Sierra Resource Group Inc), Copper Cathode Sale and Purchase Agreement (Sierra Resource Group Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 Plan are cumulative to, and not exclusive to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Numar Corp), Agreement and Plan of Merger (Halliburton Co)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will 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 nay will 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 2 contracts
Samples: Registration Rights Agreement (Microhelix Inc), Registration Rights Agreement (Microhelix Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Administrative Services Agreement (Qualtrics International Inc.), Administrative Services Agreement (Qualtrics International Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant or agreement herein, nor shall nay 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 are not exclusive of, of any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Tax Support Agreement (Seahawk Drilling, Inc.), Form of Tax Support Agreement (Pride SpinCo, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay any single or partial or waiver 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 the exhibits and schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Intellectual Property Agreement (Lsi Logic Corp), Asset Contribution Agreement (Dolby Laboratories, Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party Party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Creative Biomolecules Inc), Agreement and Plan of Merger (Curis Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Except as otherwise provided herein all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Joint Venture Formation Framework Agreement (Montana Technologies Corp.), Joint Venture Formation Framework Agreement (Montana Technologies Corp.)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 2 contracts
Samples: Agreement (Spiderboy International Inc), Agreement (Spiderboy International Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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 to, and not exclusive of, any rights or remedies otherwise available.. Section 10.9
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Unitrode Corp), Agreement and Plan of Merger (Unitrode Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure ----------------------------------------------------- or delay on the part of any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sight Resource Corp), 2 Stock Option Agreement (Adaptive Broadband Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay 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 the Exhibits or Appendices attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Distribution Agreement (Qualtrics International Inc.), Distribution Agreement (Qualtrics International Inc.)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 the exhibits or schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Master Transaction Agreement (AMTD Digital Inc.), Master Transaction Agreement (AMTD International Inc.)
Failure or Indulgence 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 by the other party of any representation, warranty, covenant warranty or agreement herein, nor shall nay 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 and in addition to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan (Firstlink Communications Inc), Agreement and Plan of Merger and Reorganization (General Motors Corp)
Failure or Indulgence 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 to be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay 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 2 contracts
Samples: LLC Membership Interest Purchase Agreement (Carbonics Capital Corp), LLC Membership Interest Purchase Agreement (Carbonics Capital Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay 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 the schedules or any exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Contribution Agreement (Covisint Corp), Contribution Agreement (Covisint Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 the Schedule attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Transitional Services Agreement (Yirendai Ltd.), Transitional Services Agreement (Yirendai Ltd.)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Except as set forth in Section 12.10, all rights and remedies existing under this Agreement are cumulative towith, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Lease Agreement (Halliburton Co), Agreement and Plan of Recapitalization (Dresser Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto either 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, covenant warranty or agreement herein, nor shall nay 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 the Schedules or Exhibits attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Master Separation Agreement (Plains Resources Inc), Master Separation Agreement (Plains Exploration & Production Co L P)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any 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, covenant warranty or agreement herein, nor shall nay 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 2 contracts
Samples: Registration Rights Agreement (North Atlantic Drilling Ltd.), Registration Rights Agreement (Seadrill LTD)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 2 contracts
Samples: Stock Purchase Agreement (Cyber Public Relations Inc), Stock Purchase Agreement (Barron Partners Lp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, agreement or covenant or agreement herein, nor shall nay will 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 to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (America Online Inc), Agreement and Plan of Merger (America Online Inc)
Failure or Indulgence 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, covenant or agreement herein, nor shall nay any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Except as set forth in Section 11.07, all rights and remedies existing under this Agreement are cumulative towith, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 2 contracts
Samples: Consolidation Agreement (RVision, Inc.), Reorganization Agreement (Albion Aviation Inc)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay 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 to, and not exclusive of, any rights or remedies otherwise available.. 44
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Intellicall Inc), Agreement and Plan of Merger (Intellicall Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay 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 the schedules or any exhibits attached hereto (or the Insurance Policies described herein) are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Shared Services Agreement (ContraVir Pharmaceuticals, Inc.), Shared Services Agreement (Covisint Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will 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 nay will 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 towith, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BMC Software Inc), Agreement and Plan of Merger (Marimba Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party hereto in the exercise of any right hereunder shall will impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant warranty or agreement herein, nor shall nay will any single or partial exercise waiver by any party hereto of a breach of any such right preclude other provision hereunder operate or further exercise thereof or be construed as a waiver of any prior or subsequent breach of the same or any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise availableprovision hereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Trustreet Properties Inc), Agreement and Plan of Merger (Trustreet Properties Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure or delay on the part of any party 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, covenant warranty or agreement herein, nor shall nay 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 the exhibits or schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Master Separation Agreement (Covisint Corp), Master Separation Agreement (Covisint Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay any single or partial exercise of any such right preclude any other or further exercise thereof or of any other right. All Except as set forth herein, all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Delta Air Lines Inc /De/), Agreement and Plan of Merger (Northwest Airlines Corp)
Failure or Indulgence 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, covenant warranty or agreement herein, nor shall nay will 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 herein, all rights and remedies existing under this Agreement are cumulative to, and not exclusive to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence 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, covenant or agreement herein, nor shall nay 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 1 contract
Samples: Note Purchase Agreement (Entech Environmental Technologies Inc)
