Common use of Indulgences, Etc Clause in Contracts

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 84 contracts

Samples: Voting Trust Agreement, Employment Agreement, Non Qualified Option Grant Agreement (Sensus Healthcare, Inc.)

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Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any the single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 55 contracts

Samples: Employment Agreement (Genesis Healthcare, Inc.), Employment Agreement (Genesis Healthcare, Inc.), Separation Agreement and Release (Cti Group Holdings Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 54 contracts

Samples: Employment Agreement (Universal Stainless & Alloy Products Inc), Employment Agreement (Universal Stainless & Alloy Products Inc), Employment Agreement (Universal Stainless & Alloy Products Inc)

Indulgences, Etc. Neither the failure failure, nor any delay delay, on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same same, or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 40 contracts

Samples: Employment Agreement (Providence Service Corp), Employment Agreement (Providence Service Corp), Employment Agreement (Providence Service Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, ; nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 31 contracts

Samples: Limited Liability Company Operating Agreement, Operating Agreement (Mack Cali Realty L P), Operating Agreement (Mack Cali Realty L P)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party to exercise any right, remedy, power or privilege (each, a "Right") under this Agreement Amendment shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege Right preclude any other or further exercise of the same or of any other right, remedy, power or privilegeRight, nor shall any waiver of any right, remedy, power or privilege Right with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege Right with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 11 contracts

Samples: Limited Liability Company Agreement (Enterprise Diversified, Inc.), Combination Agreement (Covalent Group Inc), Asset Purchase Agreement (Nova Measuring Instruments LTD)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 8 contracts

Samples: Limited Partnership Agreement (Cascades USA Inc.), Joint Venture Agreement (Morgans Hotel Group Co.), Membership Interests Purchase Agreement (Reckson Operating Partnership Lp)

Indulgences, Etc. Neither the The failure nor any or delay on the part of either any party to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 7 contracts

Samples: Management and Services Agreement (U S Physicians Inc), Management and Services Agreement (U S Physicians Inc), Management and Services Agreement (U S Physicians Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, same; nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 7 contracts

Samples: Limited Liability Company Operating Agreement (Ocean Biomedical, Inc.), Limited Liability Company Agreement (Hamilton Lane INC), Limited Liability Company Agreement (Hamilton Lane INC)

Indulgences, Etc. Neither the failure nor any delay on the part of either party any Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party Party asserted to have granted such waiver.

Appears in 7 contracts

Samples: Assignment and Assumption Agreement (Jacobson Resonance Enterprises Inc), Plan of Merger (Jacobson Resonance Enterprises Inc), Stock Exchange Agreement (Elgrande Com Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party to exercise any right, remedy, power or privilege (each, a "Right") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege Right preclude any other or further exercise of the same or of any other right, remedy, power or privilegeRight, nor shall any waiver of any right, remedy, power or privilege Right with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege Right with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 6 contracts

Samples: Letter Agreement, Letter Agreement, Letter Agreement

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 6 contracts

Samples: Employment Agreement (Advanced Photonix Inc), Employment Agreement (Advanced Photonix Inc), Employment Agreement (Advanced Photonix Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 4 contracts

Samples: Pledge Agreement (Brandywine Realty Trust), Pledge Agreement (Brandywine Realty Trust), Voting Agreement (Brandywine Realty Trust)

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement Debenture shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 2 contracts

Samples: Theater Xtreme Entertainment Group, Inc, Theater Xtreme Entertainment Group, Inc

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted granting such waiver.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Cb Richard Ellis Realty Trust), Limited Liability Company Agreement (Cb Richard Ellis Realty Trust)

Indulgences, Etc. Neither the failure nor any delay on the part of either ---------------- any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Limited Partnership Agreement (North American Natural Gas Inc)

Indulgences, Etc. Neither the failure nor any delay on the part party of either any party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sel-Leb Marketing Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial particular exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilegepower, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: cdn.cocodoc.com

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Stock Exchange Agreement (Magellan Filmed Entertainment Inc)

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Indulgences, Etc. Neither the failure nor any delay on the part of either party Pledgee to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Pledge Agreement (Brandywine Realty Trust)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Generation Income Properties, Inc.)

Indulgences, Etc. Neither the The failure nor any or delay on the part of either any party to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor no shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Management and Services Agreement (U S Physicians Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor . Nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor . Nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Employment Agreement (Nuclear Research Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any the single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any witx xxxxxxx xx xxy other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Employment Agreement (Neighborcare Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.. (b)

Appears in 1 contract

Samples: Agreement Agreement (Toll Brothers Inc)

Indulgences, Etc. Neither the failure failure, nor any delay delay, on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same same, or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.. (b) Controlling Law; Consent to Arbitration;

Appears in 1 contract

Samples: Confidential Employment Agreement (Providence Service Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of either party Pledgee to exercise any right, remedy, power or privilege under this Pledge Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Stock Option Agreement (Casino Resource Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of either ----------------- any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Limited Partnership Agreement (North American Natural Gas Inc)

Indulgences, Etc. Neither the failure nor any the delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a as.a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Employment Agreement (Right Management Consultants Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Distributorship Agreement (Plasma Therm Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same same, or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Consulting Agreement (Pinnacle Foods Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, ; nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, ; nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted allegedly granting such waiver.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Irwin Financial Corporation)

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