Common use of No Waiver of Rights, Powers and Remedies Clause in Contracts

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given and will not constitute a continuing waiver or consent.

Appears in 2 contracts

Samples: Transportation Agreement, Transportation Agreement

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No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this AgreementAddendum, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, power or remedy under this Agreement Addendum by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement Addendum will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement Addendum may be waived, or consent for the departure therefrom therefore granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this AgreementAddendum, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given given, and will not constitute a continuing waiver or consent.

Appears in 2 contracts

Samples: Business Associate Addendum, Business Associate Addendum

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties heretohereto or in any trade or industry, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions Notwithstanding the foregoing, if (a) a party fails to provide written notice of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions an alleged violation of this Agreement, whether similar. Each as provided herein, within one (1) year of the alleged violation or the date on which the complaining party should reasonably have become aware of such waiver alleged violation, whichever is later, or consent will (b) the alleged violation is not still in existence on the date of said notice and/or (c) the alleged violation has been ratified by the complaining party prior to said notice, such alleged violation shall be effective waived but only in the specific as to said specified instance and for the purpose for which it was given and will not constitute a continuing waiver or consentas to all future occurrences of said alleged violation.

Appears in 1 contract

Samples: Employment Agreement (Novume Solutions, Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto Party in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties heretoParties, will shall operate as a waiver of any such right, power or remedy of the partyParty. No single or partial exercise of any right, power, power or remedy under this Agreement by a party heretoParty, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will shall preclude such party Party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will Party shall not constitute a waiver of the right of such party Party to pursue other available remedies. No notice to or demand on a party Party not expressly required under this Agreement will shall entitle the party Party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver wavier of the right rights of the party Party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party Party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific instance and for the purpose for which it was given given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Samples: License Agreement (Ziopharm Oncology Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will shall operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will shall preclude such party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver wavier of the right rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific instance and for the purpose for which it was given given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ziopharm Oncology Inc)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will shall operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will shall preclude such party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific 60 68 instance and for the purpose for which it was given given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Samples: Asset Transfer and Merger Agreement (Sight Resource Corp)

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No Waiver of Rights, Powers and Remedies. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by a written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or consent. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties Parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given and will not constitute a continuing waiver or consent.

Appears in 1 contract

Samples: Independent Consulting Agreement (NephroGenex, Inc.)

No Waiver of Rights, Powers and Remedies. No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will preclude such party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom there from granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given given, and will not constitute a continuing waiver or consent.

Appears in 1 contract

Samples: Nondisclosure and Confidentiality Agreement

No Waiver of Rights, Powers and Remedies. No failure or delay ---------------------------------------- by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, will shall operate as a waiver of any such right, power or remedy of the party. No single or partial exercise of any right, power, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, will shall preclude such party from any other or further exercise thereof or the exercise of any other right, power, power or remedy hereunder. The election of any remedy by a party hereto will shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement will shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand. The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent will shall be deemed to be or will shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent will shall be effective only in the specific instance and for the purpose for which it was given given, and will shall not constitute a continuing waiver or consent.

Appears in 1 contract

Samples: Registration Rights Agreement (Bamboo Com Inc)

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