Common use of INDULGENCES Clause in Contracts

INDULGENCES. Neither any 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.

Appears in 6 contracts

Sources: Option Agreement (Infinity Resources Holdings Corp.), Consulting Agreement (Syntax-Brillian Corp), Change of Control Agreement (Action Performance Companies Inc)

INDULGENCES. Neither any the failure nor any the delay on the part of either party PARTY to exercise any right, remedy, power, power or privilege under this Agreement the AGREEMENT shall operate as a waiver thereof, nor shall any single or partial 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 privilegesame, nor shall any waiver of any right, remedy, power, remedy1 power or privilege with respect to any other occurrence be construed as a waiver of such right, right9 remedy, power, power or privilege with respect to any other occurrence.

Appears in 1 contract

Sources: Agreement for Purchase of Electric Output (NRG Generating U S Inc)

INDULGENCES. Neither any 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, 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.

Appears in 1 contract

Sources: Consulting Agreement (Smith & Wesson Holding Corp)

INDULGENCES. Neither any the failure nor any delay on the part of either any party to exercise any 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, 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 1 contract

Sources: Rehab Program Management Services Agreement (Centennial Healthcare Corp)

INDULGENCES. Neither any the failure nor any delay on the part of either party to exercise any right, remedy, power, 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, 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

Sources: Employment Agreement (Bon Ton Stores Inc)

INDULGENCES. Neither any the failure nor any delay on the part of either party to exercise any right, remedy, power, or privilege under this Agreement Contract 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.

Appears in 1 contract

Sources: Contract for Delivery of Computer System (KMC Telecom Holdings Inc)

INDULGENCES. Neither any the failure nor any the delay on the part of either party PARTY to exercise any right, remedy, power, power or privilege under this Agreement the AGREEMENT shall operate as a waiver thereof, nor shall any single or partial 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 privilegesame, nor shall any waiver of any right, remedy, power, power or privilege with respect to any other occurrence be construed as a waiver of such right, remedy, power, power or privilege with respect to any other occurrence.

Appears in 1 contract

Sources: Agreement for Purchase of Electric Output (Phase I) (NRG Generating U S Inc)

INDULGENCES. Neither any the failure nor any delay on the part of either party hereto to exercise any right, remedy, power, power or privilege under this Agreement shall will operate as a waiver thereof, nor shall will any single or partial potential exercise of any right, remedy, power, power or privilege preclude any other or further future exercise of the same or of any other right, remedy, power, power or privilege, nor shall any . Any waiver of any right, remedy, power, or privilege such item with respect to any one occurrence will not be construed as a similar waiver of such right, remedy, power, or privilege with respect to any other occurrence.

Appears in 1 contract

Sources: Employment Agreement (Right Management Consultants Inc)

INDULGENCES. Neither any failure nor any delay on the part of either party to exercise any right, remedy, power, power or privilege under this Agreement shall operate as a waiver thereof, nor 5 shall any single or partial 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, power or privilege, nor shall any waiver of any right, remedy, power, 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.

Appears in 1 contract

Sources: Consulting Agreement (Vodavi Technology Inc)

INDULGENCES. Neither any the failure nor any delay on the part of either any party to exercise any right, remedy, power, 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, 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 the waiver.

Appears in 1 contract

Sources: Pre Incorporation Agreement (Oncologix Tech Inc.)

INDULGENCES. Neither any the failure nor any delay on the part of either party to exercise any right, remedy, power, 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, power or privilege with respect to any occurrence be by construed as a waiver of such right, remedy, power, power or privilege with respect to any other occurrence.

Appears in 1 contract

Sources: Consulting Agreement (Amacore Group, Inc.)

INDULGENCES. Neither any the failure nor any delay on the part of either any party hereto to exercise any right, remedy, power, power or privilege under this Agreement shall will operate as a waiver thereof, nor shall will any single or partial exercise of any right, remedy, power, power or privilege preclude any other or further future exercise of the same or of any other right, remedy, power, power or privilege, nor shall any . Any waiver of any right, remedy, power, or privilege such item with respect to any one occurrence will not be construed as a similar waiver of such right, remedy, power, or privilege with respect to any other occurrence.

Appears in 1 contract

Sources: Preferred Stock Redemption Agreement (Kramont Realty Trust)