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

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT or CNG 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 2 contracts

Samples: Development Agreement (CardioVascular BioTherapeutics, Inc.), Technology License Agreement (CardioVascular BioTherapeutics, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT MSRx or CNG Galena 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 2 contracts

Samples: License and Supply Agreement (Midatech Pharma PLC), License and Supply Agreement (Galena Biopharma, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT or CNG PDLP 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 2 contracts

Samples: Development Agreement (CardioVascular BioTherapeutics, Inc.), Technology License Agreement (CardioVascular BioTherapeutics, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT or CNG the parties 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 2 contracts

Samples: Contribution Agreement (D-Wave Quantum Inc.), Contribution Agreement

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT MonoSol or CNG 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 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 1 contract

Samples: Supply Agreement (MonoSol Rx, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Aquestive or CNG Haisco 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 1 contract

Samples: License, Development and Supply Agreement (Aquestive Therapeutics, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Spectra or CNG 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, 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

Samples: Technology License and Supply Agreement (Spectra Systems Corp)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT the Sellers or CNG 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 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 1 contract

Samples: Product Purchase Agreement (Adams Respiratory Therapeutics, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT GPC or CNG BG 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 1 contract

Samples: Collaboration and License Agreement (GPC Biotech Ag)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Nephros or CNG Bellco 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 1 contract

Samples: License Agreement (Nephros Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT UCB or CNG Xxxxx 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 1 contract

Samples: Product Purchase Agreement (Adams Respiratory Therapeutics, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT or CNG a party to exercise and no delay in exercising any right, power, remedy or privilege under this Agreement or any other Transaction Agreement or provided by statute or at law or in equity or otherwise, including, without limitation, the right or power to terminate this Agreement or any other Transaction Agreement, shall impair, prejudice or constitute a waiver of any such right, power, power remedy or privilege or be construed as a waiver of any breach of this any Transaction 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 Agreement (Selfcare Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Onxeo or CNG Dara 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 1 contract

Samples: Commercialization Agreement (Midatech Pharma PLC)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Aquestive or CNG Pharmanovia 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 1 contract

Samples: License and Supply Agreement (Aquestive Therapeutics, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT UCB or CNG 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 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 1 contract

Samples: Product Purchase Agreement (Adams Respiratory Therapeutics, Inc.)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Spectra Science or CNG SpectraDisc 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 1 contract

Samples: Research Agreement (Spectra Systems Corp)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT INIS or CNG Progenics 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 1 contract

Samples: Manufacturing and Supply Agreement (International Isotopes Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT GPC or CNG ALTANA 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 1 contract

Samples: 3 Hybrid Collaboration and License Agreement (GPC Biotech Ag)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT or CNG 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. 12.

Appears in 1 contract

Samples: Share Exchange Agreement (Simplex Medical Systems Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Nephros or CNG Medica 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 1 contract

Samples: License and Supply Agreement (Nephros Inc)

No Implied Waivers; Rights Cumulative. No failure on the part of CVBT Aquestive or CNG 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 1 contract

Samples: License Agreement (Aquestive Therapeutics, Inc.)