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 139 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 120 contracts
Samples: Merger Agreement (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 112 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 57 contracts
Samples: Acquisition Agreement (SMC Entertainment, Inc.), Share Exchange Agreement (DatChat, Inc.), Share Exchange Agreement (Collective Audience, 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 53 contracts
Samples: Merger Agreement (United Microelectronics Corp), Merger Agreement (Infodata Systems Inc), Merger Agreement (Investools 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.), Online Advertising 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: Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (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 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: Merger Agreement (FORM Holdings Corp.), Merger Agreement (Document Security Systems Inc), Merger Agreement (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 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: Merger Agreement (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 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 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 25 contracts
Samples: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Securities Purchase Agreement (Tricell Inc), Securities Purchase Agreement (Jordan 1 Holdings Co)
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: Cash Settled Restricted Stock Unit Award Agreement (Newfield Exploration Co /De/), Cash Settled Restricted Stock Unit Award Agreement (Newfield Exploration Co /De/), Restricted Stock Unit Award 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 NXT, Co.), Employee Matters Agreement (Crane 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: Merger Agreement (Euramax International PLC), Merger Agreement (Euramax International PLC), Merger Agreement (Mindel Laurence B)
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), Master Separation and Distribution Agreement (Pharmacopeia Inc), Master Separation and Distribution Agreement (Pharmacopeia Drug Discovery 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 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 14 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 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 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 11 contracts
Samples: Master Separation Agreement, Settlement Agreement (Noble Corp), Transition Services 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, Continuing Services 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 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.), Contribution, 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 (Agilent Technologies Inc), General Assignment and Assumption Agreement (Luminent 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 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: Merger Agreement (Cannae Holdings, Inc.), Merger Agreement (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 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.), Transitional Services Agreement (NetEase, Inc.), Non Competition 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 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, Debenture Purchase Agreement (Aviva Petroleum Inc /Tx/)
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: Merger Agreement (Boots & Coots International Well Control Inc), Acquisition Agreement (Private Capital Investors Inc), Consent and Voting Agreement and Plan of Merger (Nabors Industries 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 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 Access 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), Tax Sharing Agreement (Snap Appliances Inc), Tax Sharing and Indemnity Agreement (Maxtor 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 5 contracts
Samples: Merger Agreement (Premiere Technologies Inc), Merger Agreement (Emc Corp), Merger Agreement (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 (Greatbatch, Inc.), Tax Matters Agreement (Nuvectra Corp), Tax Matters Agreement (Qig Group, LLC)
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.), Voting Agreement (Lecg Corp), Merger Agreement (First Solar, 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 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: Merger Agreement (Tetridyn Solutions Inc), Merger Agreement (Ocean Thermal Energy Corp), Merger Agreement (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 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: Merger Agreement (CNL Restaurant Properties Inc), Merger Agreement (U S Restaurant Properties Inc), Merger Agreement (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 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: Merger Agreement (Access Plans Inc), Asset Purchase Agreement (Precis Inc), Merger Agreement (Access Plans USA, 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 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 (MS Carriers Inc), Voting Agreement (Swift Transportation Co 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 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: Merger Agreement (Dyckerhoff Aktiengesellschaft), Merger Agreement (Siemens Aktiengesellschaft), Merger Agreement (Manhattan 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 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 (CHG Healthcare Services, Inc.), Indemnification Agreement (Newfield Exploration Co /De/), Indemnification 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 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 Exploration & Production Co L P), 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 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: Membrane Manufacture and Supply Agreement (Entegris Inc), Membrane Manufacture and Supply Agreement (Entegris Inc), Membrane Manufacture and Supply Agreement (Entegris 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 (Catalytica Energy Systems Inc), Master Confidential Disclosure Agreement (Catalytica Energy Systems Inc), Master Confidential Disclosure Agreement (Mercfuel 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 (Centerpoint Energy Inc), Separation Agreement (Texas Genco Holdings 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), Master 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 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: Merger Agreement (Forestar Group Inc.), Merger Agreement (Horton D R Inc /De/), Merger Agreement (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 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 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), Intellectual Property Cross 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 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: Merger Agreement (Speechworks International Inc), Merger Agreement (Corvis Corp), Merger Agreement (Active Software 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: Merger Agreement (Irwin Naturals 4 Health), Merger Agreement (Global Industrial Technologies Inc), Merger Agreement (Innovasive Devices 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: Merger Agreement (Schuler Homes Inc), Merger Agreement (Continental Homes Holding Corp), Merger Agreement (Horton D R 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 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 of Acquisition and Amalgamation (Discreet Logic Inc), Agreement and Plan of Acquisition and Amalgamation (Autodesk Inc), Agreement and Plan of Acquisition and Amalgamation (Autodesk 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: Master Transitional Services Agreement (Nptest Inc), Master Confidential Disclosure Agreement (Nptest Inc), Indemnification and Insurance Matters Agreement (Nptest 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 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: Senior Subordinated Revolving Credit Agreement (Clarient, Inc), Senior Subordinated Revolving Credit Agreement (Clarient, Inc), Senior 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 (Freescale Semiconductor Inc), Registration Rights Agreement (Motorola 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: Real Estate Matters Agreement (Qualtrics International Inc.), Real Estate 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 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 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 (Thousand Trails Inc /De/), Voting Agreement (Carl Marks Management Co L P /Ny/)
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 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: Merger Agreement (Delta Air Lines Inc /De/), Merger Agreement (Northwest Airlines 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: 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 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 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: Merger Agreement (America Online Inc), Merger Agreement (America Online 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: Merger Agreement (Creative Biomolecules Inc), Merger Agreement (Curis 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 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 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: Merger Agreement (Celebrity Entertainment Group Inc), Merger Agreement (Celebrity Entertainment Group 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 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: Merger Agreement (Intellicall Inc), Merger Agreement (Intellicall 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 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 (Barron Partners Lp), Stock Purchase Agreement (Cyber Public Relations 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 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 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.), Tax Support Agreement (Pride SpinCo, 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 2 contracts
Samples: Framework Agreement (North Atlantic Drilling Ltd.), Framework 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 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: Merger Agreement (Halliburton Co), Merger Agreement (Numar 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 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: Asset Contribution Agreement (Dolby Laboratories, Inc.), Intellectual Property Agreement (Lsi Logic 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 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 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: Merger Agreement (Marimba Inc), Merger Agreement (BMC Software 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 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: Agreement and Plan of Recapitalization (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 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 (Spiderboy International Inc), Stock Purchase Agreement (Spiderboy 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 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 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: Merger Agreement (General Motors Corp), Merger Agreement (Firstlink Communications 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 Exploration & Production Co L P), Master Separation Agreement (Plains Resources 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 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 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 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 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: Merger Agreement (Trustreet Properties Inc), Merger Agreement (Trustreet Properties 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 2 contracts
Samples: Stock Option Agreement (Adaptive Broadband Corp), Merger Agreement (Sight Resource Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. No failure 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.. [Signature Page Follows]
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 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 1 contract
Samples: General Assignment and Assumption Agreement (Metavante 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 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 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 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 1 contract
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 representationcovenant, warrantyduty, covenant agreement, term or agreement condition 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 1 contract
Samples: Limited Liability Company 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 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 1 contract
