Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. No failure or delay on the part of any Party in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 11 contracts
Samples: Tax Matters Agreement (SecureWorks Corp), Shared Services Agreement, Patent License Agreement (SecureWorks Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. No failure or delay on the part of any 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 warranty, covenant or agreement contained herein, nor shall 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. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. No failure or delay on the part of any Party party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All The terms and conditions of this Agreement may be waived only by the party or parties entitled to the benefits thereof. 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 2 contracts
Samples: Earnout Agreement (Cantel Medical Corp), Purchase and Sale Agreement (Cantel Medical Corp)
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any Ancillary Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which party that is entitled to the benefits thereof. No failure or delay on the part of any Party either party hereto or thereto in the exercise of any right hereunder or thereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement hereinherein or therein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.and
Appears in 2 contracts
Samples: Master Separation and Distribution Agreement (Axcelis Technologies Inc), Master Separation and Distribution Agreement (Axcelis Technologies Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement agreement or any breach thereof may only be waived if done specifically and in writing by the Party party which is entitled to the benefits thereof. 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 or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement or the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Employee Matters Agreement (Axcelis Technologies Inc), Employee Matters Agreement (Axcelis Technologies Inc)
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. No failure or delay on the part of any 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 warranty, covenant or agreement hereincontained in this Agreement, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available, except to the extent provided otherwise in this Agreement.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. 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 or agreement herein, nor shall 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, except that nothing herein shall entitle any party hereto for any consequential damages for any breach of this Agreement.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. No failure or delay on the part of any 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 warranty, covenant or agreement contained herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement or the Schedules attached hereto are cumulative to, and not exclusive of, any rights or remedies otherwise available. Neither Party shall be permitted to set-off any unpaid amount owed by the other Party under this Agreement or any of the Ancillary Agreements.
Appears in 1 contract
Samples: Master Separation Agreement (Seventy Seven Energy Inc.)
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. No failure or delay on the part of any Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement hereincovenant in this Agreement or any Transaction Document, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All Except as otherwise set forth herein or therein, all rights and remedies existing under this Agreement and any other Transaction Document are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Failure or Indulgence Not Waiver; Remedies Cumulative. Any provision of this Agreement or any breach thereof may only be waived if done specifically and in writing by the Party which is entitled to the benefits thereof. 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 Breach of any representation, warranty warranty, covenant or agreement herein, nor shall 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 are cumulative to, and not exclusive of, any rights or remedies otherwise availableavailable to the parties, whether by contract, at Law, in equity or otherwise.
Appears in 1 contract
Samples: Asset Purchase Agreement (A-Mark Precious Metals, Inc.)