No Waiver of Breach. If either party should waive any breach of any provisions of this Agreement, he or it shall not thereby be deemed to have waived any preceding or succeeding breach of the same or any other provision of this Agreement. The rights granted the parties are cumulative, and the election of one will not constitute a waiver of such party’s right to assert all other legal and equitable remedies available under the circumstances.
Appears in 10 contracts
Samples: Change of Control Agreement (Avanir Pharmaceuticals, Inc.), Change of Control Agreement (Avanir Pharmaceuticals, Inc.), Change of Control Agreement (Avanir Pharmaceuticals, Inc.)
No Waiver of Breach. If either party should waive any breach The failure of one of the Parties to insist upon the strict performance of any provisions provision of this AgreementAgreement or to exercise any right, he power, or it remedy upon a breach thereof, shall not thereby be deemed to have waived any preceding or succeeding breach constitute a waiver of the same that or any other provision of this Agreement or limit that party’s, or the other party’s, right thereafter to enforce any provision or exercise any right in this Agreement. The rights granted the parties are cumulative, and the election of one will not constitute a waiver of such party’s right to assert all other legal and equitable remedies available under the circumstances.
Appears in 3 contracts
Samples: Ditch Crossing Agreement, Ditch Crossing Agreement, Ditch Crossing Agreement
No Waiver of Breach. If either party should waive The failure to enforce any breach provision of this Agreement will not be construed as a waiver of any provisions of this Agreementsuch provision, he or it shall not thereby be deemed to have waived any preceding or succeeding breach of nor prevent a party thereafter from enforcing the same provision or any other provision of this Agreement. The rights granted the parties are cumulative, and the election of one will not constitute a waiver of such party’s right to assert all other legal and equitable remedies available under the circumstances.
Appears in 1 contract
Samples: Resource Recovery System Agreement (Biogold Fuels CORP)