No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.
Appears in 20 contracts
Samples: Technology License and Services Agreement (O2diesel Corp), License Agreement (Nitromed Inc), License Agreement (Archemix Corp.)
No Waiver of Rights. No failure or delay on the part of either Party any party in the exercise of any power or right hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such power or right preclude other or power hereunder shall operate as a waiver of such right further exercise thereof or of any other right or power. The waiver by either Party any party or parties hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Agreement are cumulative and are not exclusive of any rights or remedies otherwise available.
Appears in 17 contracts
Samples: Limited Liability Company Agreement (Gogo Inc.), Stockholders Agreement (NationsHealth, Inc.), Voting Agreement (Rggpls, LLC)
No Waiver of Rights. No failure or delay on the part of either a Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. No waiver shall be effective unless in writing signed by the waiving Party.
Appears in 7 contracts
Samples: Internet Service Resale Agreement (Prodigy Communications Corp), Internet Service Resale Agreement (SBC Communications Inc), Strategic and Marketing Agreement (Helu Carlos Slim)
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.
Appears in 5 contracts
Samples: Non Exclusive Patent License Agreement (Bionano Genomics, Inc.), Non Exclusive Patent License Agreement (BioNano Genomics, Inc), Non Exclusive Patent License Agreement (BioNano Genomics, Inc)
No Waiver of Rights. No failure or delay on the part of either Party any party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or power or of any other right or power. The waiver by either Party any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. Except as otherwise expressly provided herein, all rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 5 contracts
Samples: Shareholders Agreement (Prime Foods Development Corp), Shareholders Agreement (Gv Investment LLC), Note Purchase Agreement (Global Vacation Group Inc)
No Waiver of Rights. No failure or delay on the part of either any Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. Except as otherwise expressly provided herein, all rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 3 contracts
Samples: Recapitalization Agreement (Software Ag Systems Inc), Stock Purchase Agreement (Prime Foods Development Corp), Recapitalization Agreement (Thayer Equity Investors Iii Lp)
No Waiver of Rights. No failure or delay on the part of by either Party in the exercise of exercising any right, power or right privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right right, power or power hereunder shall operate as a waiver of such right or of any other right or powerprivilege hereunder. The waiver by either Party of a breach invalidity or unenforceability of any provision of this Agreement shall not operate affect the validity or be construed as a waiver enforceability of any other or subsequent breach hereunderprovision of this Agreement, all of which shall remain in full force and effect.
Appears in 2 contracts
Samples: Consumer Credit Card Program Agreement (Gap Inc), Consumer Credit Card Program Agreement (Gap Inc)
No Waiver of Rights. No failure or delay on the part of either any Party in the exercise of any power or of right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or power or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Confidentiality Agreement (General Mills Inc), Confidentiality Agreement (General Mills Inc)
No Waiver of Rights. No failure or delay on the part of either Party any party in the exercise of any power or right hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such power or right preclude any other or power hereunder shall operate as a waiver of such right further exercise thereof or of any other right or power. The waiver by either Party any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Agreement are cumulative and are not exclusive of any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Partnership Agreement (Newmark Group, Inc.), Parent Agreement (BGC Partners, Inc.)
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder under the Agreement shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder under the Agreement shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunderunder the Agreement.
Appears in 2 contracts
Samples: Collaboration Agreement (Hyperion Therapeutics Inc), Collaboration Agreement (Medicis Pharmaceutical Corp)
No Waiver of Rights. No failure or delay on the part of either a Party in the exercise of any power or right hereunder under this Letter Agreement shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder under this Letter Agreement shall operate as a waiver of such right or of any other right or power. The waiver by either a Party of a breach of any provision of this Letter Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunderunder this Letter Agreement.
Appears in 2 contracts
Samples: Letter Agreement Regarding Warf/Cdi License Agreement and Cdi/Century Sublicense Agreement (Century Therapeutics, Inc.), Letter Agreement Regarding Warf/Cdi License Agreement and Cdi/Century Sublicense Agreement (Century Therapeutics, Inc.)
No Waiver of Rights. No failure or delay on the part of either a Party in ------------------- the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. No waiver shall be effective unless in writing signed by the waiving Party.
Appears in 2 contracts
Samples: Marketing and Development Agreement (Radiant Systems Inc), Services Agreement (Radiant Systems Inc)
No Waiver of Rights. No failure or delay on the part of either any Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Joint Venture Agreement (Cumberland Bancorp Inc), Joint Venture Agreement (Cumberland Bancorp Inc)
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.. [Signatures appear on the following page]
Appears in 2 contracts
Samples: Collaboration Agreement (Triangle Pharmaceuticals Inc), Collaboration Agreement (Triangle Pharmaceuticals Inc)
No Waiver of Rights. No failure or delay on the part of either any Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or power or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 2 contracts
Samples: Confidentiality Agreement (General Mills Inc), Confidentiality Agreement (General Mills Inc)
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Development, License and Services Agreement (Cornerstone Therapeutics Inc)
No Waiver of Rights. No failure or delay on the part of either any Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement Amendment shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Amendment are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Strategic Interactive Services and Marketing Agreement (America Online Latin America Inc)
No Waiver of Rights. No failure or delay on the part of either Party any party in the exercise of any power or right hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such power or right preclude any other or power hereunder shall operate as a waiver of such right further exercise thereof or of any other right or power. The waiver by either Party any party or parties hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Agreement are cumulative and are not exclusive of any rights or remedies otherwise available.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party a party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either Party any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. No waiver shall be effective unless in writing signed by the waiving party.
Appears in 1 contract
Samples: Limited Partnership Agreement (Prodigy Communications Corp)
No Waiver of Rights. No failure or delay on the part of either any Party in the exercise of any power or right hereunder under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.
Appears in 1 contract
Samples: Master Agreement (NYSE Euronext)
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder under the Agreement shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder under the Agreement shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this the Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.under the Agreement. 1 NTD: to be completed by the parties
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either a Party ------------------- in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. No waiver shall be effective unless in writing signed by the waiving Party.
Appears in 1 contract
Samples: Strategic and Marketing Agreement (SBC Communications Inc)
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent 63 <PAGE> breach hereunder.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party party in the exercise of any power or right hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such power or right preclude other or power hereunder shall operate as a waiver of such right further exercise thereof or of any other right or power. The waiver by either Party any party or parties hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party any party in the exercise of any power or right hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such power or right preclude other or power hereunder shall operate as a waiver of such right further exercise thereof or of any other right or power. The waiver by either Party any party or parties hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.
Appears in 1 contract
Samples: Confidentiality Agreement
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder shall operate as a waiver thereof. thereof No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.
Appears in 1 contract
Samples: Co Promotion Agreement (Triangle Pharmaceuticals Inc)
No Waiver of Rights. No failure or delay on the part of either any Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party any party in ------------------- the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or power or of any other right or power. The waiver by either Party any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. Except as otherwise expressly provided herein, all rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party any party ------------------- in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or power or of any other right or power. The waiver by either Party any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. Except as otherwise expressly provided herein, all rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party any party in the exercise of any power or right hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such power or right preclude any other or power hereunder shall operate as a waiver of such right further exercise thereof or of any other right or power. , The waiver by either Party any party or parties hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder, All rights and remedies existing under this Agreement are cumulative and are not exclusive of any rights or remedies otherwise available.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party any party in the exercise of any power or right hereunder shall operate as a waiver thereofof that power or right. No single or partial exercise of any right or power hereunder shall operate as a waiver of such that right or power or of any other right or power. The waiver by either Party any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. Except as otherwise expressly provided herein, all rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
Samples: Registration Rights Agreement (Luminant Worldwide Corp)
No Waiver of Rights. No failure or delay on the part of either Party any ------------------- party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or power or of any other right or power. The waiver by either Party any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder. Except as otherwise expressly provided herein, all rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available.
Appears in 1 contract
No Waiver of Rights. No failure or delay on the part of either Party in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach hereunder.. * * * *
Appears in 1 contract
Samples: Termination Agreement (Triangle Pharmaceuticals Inc)
