Common use of No Deemed Waiver Clause in Contracts

No Deemed Waiver. No Person shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Person; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Ecollege Com), Securities Purchase Agreement (Paincare Holdings Inc), Membership Interest Purchase Agreement (Paincare Holdings Inc)

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No Deemed Waiver. No Person shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless unl ess the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Person; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Appears in 1 contract

Samples: Asset Purchase Agreement (Simtek Corp)

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