No Implied Waivers; Rights Cumulative. No failure on the part of DURA or Xxxxxx Corp. II to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 10 contracts
Samples: Albuterol and Product Option Agreement (Dura Pharmaceuticals Inc/Ca), Albuterol and Product Option Agreement (Spiros Development Corp Ii Inc), Manufacturing and Marketing Agreement (Dura Pharmaceuticals Inc/Ca)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA CytRx or Xxxxxx Corp. II RXi to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 6 contracts
Samples: Contribution Agreement (Cytrx Corp), Contribution Agreement (Cytrx Corp), Contribution Agreement (Rxi Pharmaceuticals Corp)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA the Purchaser or Xxxxxx Corp. II the Company to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 5 contracts
Samples: Purchase Agreement (Commodore Holdings LTD), Stock Purchase Agreement (Big Entertainment Inc), Preferred Stock Purchase Agreement (Big Entertainment Inc)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA DURA, DDSI, Xxxxxx Corp. or Xxxxxx Corp. II to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 4 contracts
Samples: Technology License Agreement (Dura Pharmaceuticals Inc/Ca), Technology License Agreement (Spiros Development Corp Ii Inc), Technology License Agreement (Dura Pharmaceuticals Inc/Ca)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA Licensor or Xxxxxx Corp. II Licensee to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitation, including the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 4 contracts
Samples: License Agreement (Aquestive Therapeutics, Inc.), License Agreement (Innovate Biopharmaceuticals, Inc.), License Agreement (Cynapsus Therapeutics Inc.)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA the Purchasers or Xxxxxx Corp. II the Company to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Intrac Inc), Securities Purchase Agreement (Asd Group Inc), Securities Purchase Agreement (Zachariou Peter C)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA or Xxxxxx Corp. II any of the parties to this Agreement to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 3 contracts
Samples: Merger Agreement (Globalnet Financial Com Inc), Asset Purchase Agreement (5th Avenue Channel Corp), Share Exchange Agreement (5th Avenue Channel Corp)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA PerSeptive or Xxxxxx Corp. II ChemGenics to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: License Agreement (Millennium Pharmaceuticals Inc), License Agreement (Chemgenics Pharmaceuticals Inc)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA Seller, on the one hand, or Xxxxxx Corp. II Buyer on the other hand, to exercise exercise, and no delay in exercising exercising, any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: Supply Agreement (Sequenom Inc), Supply Agreement (Sequenom Inc)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA IMMUNEX ------------------------------------- or Xxxxxx Corp. II AASTROM to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: License and Supply Agreement (Aastrom Biosciences Inc), License and Supply Agreement (Aastrom Biosciences Inc)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA GTC or Xxxxxx Corp. II Genzyme to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 2 contracts
Samples: Convertible Debt Agreement (Genzyme Corp), Convertible Debt Agreement (Genzyme Transgenics Corp)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA Alnylam or Xxxxxx Corp. II Genzyme to exercise exercise, and no delay in exercising exercising, any right, power, remedy or privilege under this Agreement the Collaboration Agreement, or provided by statute or at law Law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this the Collaboration Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
Samples: Master Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)
No Implied Waivers; Rights Cumulative. No failure on the part of DURA PMC or Xxxxxx Corp. II the Recipient to exercise exercise, and no delay in exercising exercising, any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
No Implied Waivers; Rights Cumulative. No failure on the part of DURA Seller or Xxxxxx Corp. II Buyer to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement Agreement, or provided by statute or at law or in equity or otherwise, including, without limitationbut not limited to, the right or power to terminate this Agreement, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.
Appears in 1 contract
