Common use of No Implied Waivers; Rights Cumulative Clause in Contracts

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 5 contracts

Samples: Collaboration Agreement, Collaboration Agreement (Discovery Partners International Inc), Collaboration Agreement (Discovery Partners International Inc)

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No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis a Party to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Partytherein, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 4 contracts

Samples: Settlement Agreement, Component Manufacturing Agreement (Lombard Medical, Inc.), Technology Licensing and Manufacturing Agreement (Lombard Medical, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis Amgen to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 3 contracts

Samples: License Agreement (Discovery Partners International Inc), License Agreement (Infinity Pharmaceuticals, Inc.), License Agreement (Discovery Partners International Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis JJPRD to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 3 contracts

Samples: Collaboration and License Agreement (Infinity Pharmaceuticals, Inc.), Collaboration and License Agreement (Discovery Partners International Inc), Collaboration and License Agreement (Discovery Partners International Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis either Party to exercise, exercise and no delay by either Party in exercising, exercising any right, power, remedy remedy, or privilege under this Agreement, or provided by statute or at law law, or in equity or otherwise, shall including, without limitation, the right or power to terminate this Agreement, will impair, prejudice prejudice, or constitute a waiver of any such right, power, remedy remedy, or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Partytherein, nor shall will any single or partial exercise of any such right, power, remedy remedy, or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy remedy, or privilege, except as otherwise provided for herein.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Caribou Biosciences, Inc.), Collaboration and License Agreement (Caribou Biosciences, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Agenus or Novartis Incyte to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 2 contracts

Samples: License, Development and Commercialization Agreement (Incyte Corp), License, Development and Commercialization Agreement (Agenus Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Incyte or Novartis to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Incyte Corp), Collaboration and License Agreement (Incyte Corp)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Ginkgo or Novartis Amyris to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 2 contracts

Samples: Partnership Agreement (Amyris, Inc.), Collaboration Agreement (Amyris, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Incyte or Novartis Lilly to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 2 contracts

Samples: License, Development and Commercialization Agreement (Incyte Corp), License, Development and Commercialization Agreement (Incyte Corp)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis a Party to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall will impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall will any single or partial exercise of any such right, power, remedy or privilege by a Party 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 Collaboration Agreement (Agenus Inc), License Agreement (UroGen Pharma Ltd.)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis any Party to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Partytherein, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 2 contracts

Samples: Asset Purchase and License Agreement, Asset Purchase and License Agreement (Tanox Inc)

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No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Incyte or Novartis Calithera to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law Law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 1 contract

Samples: Collaboration and License Agreement (Calithera Biosciences, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Ligand or Novartis GSK to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 1 contract

Samples: License Agreement (Ligand Pharmaceuticals Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity or Novartis a Party to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law Law or in equity or otherwise, shall will impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Partytherein, nor shall will any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 1 contract

Samples: Distribution Agreement (Alpha Healthcare Acquisition Corp.)

No Implied Waivers; Rights Cumulative. No failure or delay on the part of Infinity or Novartis to exercise, and no delay by either Party 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 by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Partytherein, nor shall any single or partial exercise of any such right, power, power remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 1 contract

Samples: Development Agreement (Vital Images Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Eyenovia or Novartis Bausch Health to exercise, and no delay by either Party in exercising, any right, power, remedy remedy, or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice prejudice, or constitute a waiver of any such right, power, remedy remedy, or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy remedy, or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy remedy, or privilege.

Appears in 1 contract

Samples: License Agreement (Eyenovia, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of Infinity Tularik or Novartis Amgen to exercise, and no delay by either Party in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege by such Party or be construed as a waiver of any breach of this Agreement or as an acquiescence therein by such Party, nor shall any single or partial exercise of any such right, power, remedy or privilege by a Party preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

Appears in 1 contract

Samples: Collaboration and License Agreement (Tularik Inc)

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