Common use of Indulgences, Etc Clause in Contracts

Indulgences, Etc. Neither the failure nor any delay on the part of any party to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such 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 5 contracts

Samples: Limited Partnership Agreement (Advanta Corp), Asset Purchase Agreement (Piercing Pagoda Inc), Agreement of Limited Partnership (Advanta Corp)

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Indulgences, Etc. Neither the failure nor any delay on the part of any party hereto to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right right, nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such 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 4 contracts

Samples: Tax Allocation and Indemnification Agreement (Fremont General Corp), Tax Benefit Restitution Agreement (Coventry Health Care Inc), Asset Purchase Agreement (Riscorp Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of any either party to exercise any right right, remedy, power or privilege (collectively "Rights") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right Right preclude any other or further exercise of the same or of any other right Right nor shall any waiver of any right Right with respect to any occurrence be construed as a waiver of such right 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 2 contracts

Samples: Employment Agreement (Visual Networks Inc), Employment Agreement (Visual Networks Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of any party hereto to exercise any right right, remedy, power or privilege (singularly or collectively, a "Right") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right Right, preclude any other or further exercise of the same or of any other right Right, nor shall any waiver of any right Right with respect to any occurrence be construed as a waiver of such right 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 2 contracts

Samples: Asset Purchase Agreement (U S Physicians Inc), Asset Purchase Agreement (U S Physicians Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of any either party to exercise any right right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right right, remedy, power or privilege preclude any other or further exercise of the same or of any other right nor shall any waiver of any right with respect to any occurrence be construed as right, remedy, power or privilege, for a particular occurrence, constitute a waiver of such 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 2 contracts

Samples: Employment Agreement (Integrated Physician Systems Inc), Employment Agreement (Integrated Physician Systems Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of any either party to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such 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. No investigation of any party shall be deemed to negate or impair the representations and warranties of any other party contained in this Agreement.

Appears in 1 contract

Samples: Exchange Agreement (Select Media Communications Inc)

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

Appears in 1 contract

Samples: Loan Agreement (Evans & Sutherland Computer Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of any either party to exercise any right right, remedy, power or privilege under this Agreement (a “Right”) shall operate as a waiver thereof, nor shall any single or partial exercise of any right Right preclude any other or further exercise of the same or of any other right Right, nor shall any waiver of any right Right with respect to any occurrence be construed as a waiver of such right 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 1 contract

Samples: Line of Credit Agreement (Evans & Sutherland Computer Corp)

Indulgences, Etc. Neither the failure nor any delay on the part ----------------- of any party hereto to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right right, nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such 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 1 contract

Samples: Tax Allocation and Indemnification Agreement (Ace LTD)

Indulgences, Etc. Neither the failure nor any delay on the part of any party to exercise any right right, remedy, power, or privilege ("Right") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right Right preclude any other or further exercise of the same or of any other right Right, nor shall any waiver of any right Right with respect to any occurrence be construed as a waiver of such right 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 1 contract

Samples: Asset Purchase Agreement (Integrated Physician Systems Inc)

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Indulgences, Etc. Neither the failure nor any delay on the part of any ---------------- either party to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such 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 1 contract

Samples: Asset Purchase Agreement (Opinion Research Corp)

Indulgences, Etc. Neither the failure nor any delay on the part of any either party to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such 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 1 contract

Samples: Asset Purchase Agreement (Encorium Group Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of any party Party to exercise any right right, remedy, power or privilege ("Right") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right Right preclude any other or further exercise of the same or of any other right Right, nor shall any waiver of any right Right with respect to any occurrence be construed as a waiver of such right Right 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 1 contract

Samples: Independent Contractor Agreement

Indulgences, Etc. Neither the failure nor any delay on the part of any either party to exercise any right right, power, privilege or remedy hereunder (“Right”) under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right Right preclude any other or further exercise of the same or of any other right Right, nor shall any waiver of any right Right with respect to any occurrence be construed as a waiver of such right 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 1 contract

Samples: Employment Agreement (Clicknsettle Com Inc)

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

Appears in 1 contract

Samples: Loan Agreement (Transnational Industries Inc)

Indulgences, Etc. Neither the failure nor any delay on the part of any party to exercise any right right, remedy, power or privilege ("Right") under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right right, nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such 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 1 contract

Samples: Employment Agreement

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