No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 718 contracts
Samples: Agreement and Plan of Merger (Princeton Bancorp, Inc.), Separation and Mutual Release Agreement (FTE Networks, Inc.), Dual Credit Agreement
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 74 contracts
Samples: Voting Agreement (Aytu Bioscience, Inc), Securities Purchase Agreement (Baxano Surgical, Inc.), Series B Preferred Stock (Cicero Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 53 contracts
Samples: Agreement and Plan of Merger (WestRock Co), Voting Agreement (HFF, Inc.), Merger Agreement (Rofin Sinar Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 46 contracts
Samples: Voting Agreement and Proxy (Creatd, Inc.), Agreement and Plan of Merger (YADKIN FINANCIAL Corp), Agreement and Plan of Merger (FNB Corp/Fl/)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 37 contracts
Samples: Voting Agreement (Armata Pharmaceuticals, Inc.), Voting Agreement (Armata Pharmaceuticals, Inc.), Agreement and Plan of Merger (Community Bank System, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 36 contracts
Samples: Voting Agreement (SHF Holdings, Inc.), Voting Agreement (SHF Holdings, Inc.), Lock Up Agreement (Seaspan CORP)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its such party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 33 contracts
Samples: Voting and Support Agreement (Paratek Pharmaceuticals, Inc.), Voting and Support Agreement (Mullen Automotive Inc.), Voting Agreement (Net Element, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 33 contracts
Samples: Securities Purchase Agreement (Proteon Therapeutics Inc), Voting Agreement (Proteon Therapeutics Inc), Voting Agreement (Proteon Therapeutics Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 31 contracts
Samples: Voting Agreement (Jarden Corp), Voting Agreement (K2 Inc), Voting Agreement (Schuler Homes Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Voting Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 28 contracts
Samples: Voting Agreement (NeoStem, Inc.), Voting Agreement (Advanced Products Group Inc), Lock Up and Voting Agreement (RimAsia Capital Partners, L.P.)
No Waiver. The failure of any party hereto to exercise any rightrights, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 28 contracts
Samples: Stockholder Agreement (Quarterdeck Corp), Stockholder Agreement (Quarterdeck Corp), Stockholder Agreement (Quarterdeck Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or the failure of any party hereto to insist upon compliance by any other party hereto with its obligations hereunder, and or the existence of any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 26 contracts
Samples: Agreement and Plan of Merger (North American Galvanizing & Coatings Inc), Stockholders Agreement (Azz Inc), Agreement and Plan of Merger (Berkshire Hathaway Inc)
No Waiver. The terms and provisions hereof may not be waived except by an instrument signed on behalf of the party waiving compliance. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 22 contracts
Samples: Stockholder’s Agreement (Ats Corp), Undertaking Agreement (Ats Corp), Stockholder’s Agreement (Ats Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. (j)
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Hearst Argyle Television Inc), Tender Agreement Agreement (Carnegie Group Inc), Tender Agreement Agreement (Logica PLC / Eng)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereof, of this Agreement shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 15 contracts
Samples: Stock Tender and Voting Agreement (Main Street Restaurant Group, Inc.), Stock Tender and Voting Agreement (Main Street Acquisition CORP), Stock Tender and Voting Agreement (Main Street Acquisition CORP)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its such party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 15 contracts
Samples: Tender and Support Agreement (EndoChoice Holdings, Inc.), Support Agreement (Ocata Therapeutics, Inc.), Tender and Support Agreement (Oplink Communications Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Stockholder Agreement (Hawaiian Natural Water Co Inc), Agreement and Plan of Merger (Premiere Technologies Inc), Stockholder Agreement (Premiere Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a 7 waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Voting Agreement (Intel Corp), Voting Agreement (Intel Corp), Voting Agreement (Intel Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (FNCB Bancorp, Inc.), Agreement and Plan of Merger (LINKBANCORP, Inc.), Agreement and Plan of Merger (Partners Bancorp)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 12 contracts
Samples: Employment Agreement (Mi Subsidiary I Inc), Stockholder Agreement (Marriott International Inc /Md/), Employment Agreement (Marriott International Inc /Md/)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Amendment Agreement (AMERI Holdings, Inc.), Exchange Agreement (ATRM Holdings, Inc.), Series B Preferred Stock Dividend Agreement (Lone Star Value Management LLC)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Preferred Stock Redemption Agreement, Preferred Stock Redemption Agreement (Dynegy Holdings Inc), Stockholder Agreement (Dynegy Inc /Il/)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this agreement, and any custom or practice of the parties at variance with the terms hereofof this agreement, shall not constitute a waiver by such that party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr), Stockholder Agreement (Barnett Howard G Jr)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Stockholders Agreement (Mi Subsidiary I Inc), Agreement and Plan of Merger (Radian Group Inc), Registration Rights Agreement (Pogo Producing Co)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 11 contracts
Samples: Voting Agreement (Hector Communications Corp), Voting Agreement (McData Corp), Voting Agreement (Hector Communications Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Tender and Voting Agreement (Statoil Asa), Tender and Voting Agreement (Brigham Exploration Co), Company Stockholders Voting Agreement (Solvay S a /Adr/)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Change in Control Agreement (Cascade Bancorp), Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or the failure of any party hereto to insist upon compliance by any other party hereto with its respective obligations hereunder, and or the existence of any custom or practice of the parties hereto at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Stockholder Agreement, Shareholder Agreement (Teledyne Technologies Inc), Shareholder Agreement (Bolt Technology Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.), Agreement and Plan of Merger (Eagle Bancorp Montana, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 10 contracts
Samples: Employment Agreement (Avi Biopharma Inc), Stock Option Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 9 contracts
Samples: Voting Agreement (Westbrook Real Estate Partners LLC), Voting Agreement (Alter Robert A), Voting Agreement (Sunstone Hotel Investors Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 9 contracts
Samples: Stockholders Agreement (Wearnes Technology Pte LTD), Stockholder's Agreement (Sterling Commerce Inc), Stockholders' Voting Agreement (Jenny Craig Inc/De)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 8 contracts
Samples: Voting Agreement (Elevon Inc), Voting Agreement (Ssa Global Technologies, Inc), Voting Agreement (E Piphany Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Registration Rights Agreement (Leap Therapeutics, Inc.), Voting Agreement (Leap Therapeutics, Inc.), Voting Agreement (HealthCare Ventures IX, L.P.)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Independent Contractor Agreement, Piggyback Registration Rights Agreement (Integra Lifesciences Holdings Corp), Master Debt Restructuring Agreement (PostRock Energy Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Master Services Agreement (Global Eagle Entertainment Inc.), Master Services Agreement (Global Eagle Entertainment Inc.), Membership License Agreement (Tritel Finance Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Voting Agreement (Meridian Waste Solutions, Inc.), Agreement and Plan of Merger (Schein Henry Inc), Indemnity Agreement (Startt Acquisition Inc & Startt Acquisition LLC)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Voting Agreement (Marbut Bob), Voting Agreement (Marbut Bob), Voting Agreement (Marbut Bob)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof thereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 7 contracts
Samples: Shareholder Agreement Agreement (PMT Services Inc /Tn/), Shareholder Agreement (PMT Services Inc /Tn/), Shareholder Agreement (Nova Corp \Ga\)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliancecompliance nor shall any single or partial exercise of any such rights preclude any other or further exercise thereof.
Appears in 7 contracts
Samples: Rollover Agreement (Chindex International Inc), Support Agreement (Chindex International Inc), Support Agreement (Chindex International Inc)
No Waiver. The failure of any party hereto to this Agreement to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Support Agreement (Trizec Canada Inc), Support Agreement (Trizec Properties Inc), Support Agreement (Trizec Canada Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Shareholders Agreement, Amended and Restated Shareholders Agreement (Mack Cali Realty L P), Shared Services Agreement (Mack Cali Realty L P)
No Waiver. The failure of any party Party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Restructuring Support Agreement (Regent Communications Inc), Restructuring Support Agreement (Accuride Corp), Restructuring Support Agreement (Trump Atlantic City Funding Iii Inc)
No Waiver. The terms and provisions hereof may not be waived except by an instrument signed by or on behalf of the party waiving compliance. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderunder this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Exchangeable Share Support Agreement, Exchangeable Share Support Agreement (Tronox LTD), Support and Voting Agreement (Vestar Capital Partners v L P)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or the Proxy or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderhereunder or thereunder, and any custom or practice of the parties at variance with the terms hereofhereof or thereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Playcore Inc), Stockholders Agreement (Carson Inc), Securities Agreement (Bell Sports Corp)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Settlement Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Settlement and Release Agreement (Tousa Inc), Settlement and Release Agreement (Tousa Inc), Settlement and Release Agreement (Tousa Inc)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party's right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Voting Agreement, Agreement and Plan of Merger (Kapstone Paper & Packaging Corp), Voting Agreement (Kapstone Paper & Packaging Corp)
No Waiver. The failure of any party hereto either Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Assignment and License Agreement, Assignment and License Agreement (Phillips 66), Assignment and License Agreement (Conocophillips)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Securities Purchase Agreement (PDL Biopharma, Inc.), Voting Agreement (Akebia Therapeutics, Inc.), Voting Agreement (Keryx Biopharmaceuticals Inc)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Registration Rights Agreement (Lannett Co Inc), Registration Rights Agreement (Lannett Co Inc), Lock Up Agreement
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Voting Agreement (Power Solutions International, Inc.), Voting Agreement (Power Solutions International, Inc.), Voting Agreement (Power Solutions International, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Stockholder Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 5 contracts
Samples: Stockholder Agreement (SPR Inc), Stockholder Agreement (Usweb Corp), Stockholder Agreement (SPR Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Release or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Separation and Mutual Release Agreement (Organovo Holdings, Inc.), Release Agreement (Organovo Holdings, Inc.), Agreement and Plan of Merger (Regency Energy Partners LP)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Debt Restructuring Agreement (I Link Inc), Standstill and Voting Agreement (Goelet LLC), Standstill and Voting Agreement (Pogo Producing Co)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Voting Agreement (Vertical Communications, Inc.), Voting Agreement (Vodavi Technology Inc), Voting Agreement (Vertical Communications, Inc.)
No Waiver. The failure of any party hereto to exercise any rightrights, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. (j)
Appears in 4 contracts
Samples: Stockholder Agreement Agreement (Voith Sulzer Acquisition Corp), Stockholder Agreement Agreement (Voith Sulzer Acquisition Corp), 3 Stockholder Agreement Agreement (Voith Sulzer Acquisition Corp)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Exercise and Conversion Agreement (Tidel Technologies Inc), Restructuring Agreement (Egain Communications Corp), Exercise and Conversion Agreement (Tidel Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Restructuring Agreement (Teletouch Communications Inc), Principal Stockholders Agreement (Teletouch Communications Inc), Stockholders Agreement (Royal Ahold)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Opportunity Agreement, Shareholder Agreement (Dynegy Inc.), Shareholder Agreement (Dynegy Inc /Il/)
No Waiver. The failure of any party hereto to exercise --------- any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Shareholders Agreement (Cuc International Inc /De/), Stock Option and Right of First Refusal Agreement (Brant Benjamin J), Exchange Agreement (Wickes Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereundersuch party’s obligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Voting Agreement (Renovacor, Inc.), Voting Agreement (Rocket Pharmaceuticals, Inc.), Voting Agreement (Renovacor, Inc.)
No Waiver. The failure of any party Party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Preferred Stock Repurchase and Support Agreement (Ambac Financial Group Inc), Rehabilitation Exit Support Agreement (Ambac Financial Group Inc), Preferred Stock Repurchase and Support Agreement
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Trust Voting Agreement (Johns Manville Corp /New/), Stockholder Agreement (Johns Manville Corp /New/), Trust Voting Agreement (Manville Personal Injury Settlement Trust)
No Waiver. The failure of any party hereto to exercise any ---------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholders' Agreement (Agfa Corp), Asset Purchase Agreement (Sybron Chemicals Inc), Stockholder's Agreement (Agfa Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other rightrights, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholders Agreement (Rochester & Pittsburgh Coal Co), Stockholders Agreement (Consol Inc), Stockholders Agreement (Searle Urling I)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lam Research Corp), Agreement and Plan of Merger (Lam Research Corp), International Integration Incorporated Voting Agreement (Razorfish Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.its
Appears in 3 contracts
Samples: Voting Agreement (Hearst Corp), Voting Agreement (Hearst Corp), Voting Agreement (Hearst Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof hereto at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower Holdings Inc), Tender Agreement (Newpower Holdings Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderhereunder or, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Stockholders’ Agreement (Opta Food Ingredients Inc /De), Stockholders' Agreement (Stake Technology LTD), Stockholders' Agreement (Burns International Services Corp)
No Waiver. The failure of any either party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty Trust Inc), Voting Agreement (Excel Realty Trust Inc)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and or any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Avp Inc), Voting Agreement (Avp Inc), Voting Agreement (Kc Holding Corp)
No Waiver. The failure of any party hereto Party to exercise any right, power power, or remedy provided under this Agreement Release or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Transaction Support Agreement (Summit Midstream Partners, LP), Intercreditor Agreement (CAESARS ENTERTAINMENT Corp), Mutual Release (MedMen Enterprises, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Lock Up Agreement (Thermogenesis Corp), Voting Agreement (Wilshire Enterprises Inc), Voting Agreement (Jekogian Iii Nickolas W)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. 128 i.
Appears in 3 contracts
Samples: Voting Agreement (Westbrook Real Estate Partners LLC), Voting Agreement (Alter Robert A), Voting Agreement (Sunstone Hotel Investors Inc)
No Waiver. The failure of any party hereto to exercise enforce any right, power right or remedy provided under this Agreement or otherwise available in respect hereof at law or in equityhereunder, or to insist upon compliance by promptly enforce any other party hereto with its obligations hereundersuch right or remedy, and shall not be deemed to be a waiver thereof nor give rise to any custom or practice estoppel against such party, nor excuse any of the parties at variance with the terms hereof, shall not constitute a from their obligations hereunder. Any waiver by of such party of its right to exercise any such or other right, power or remedy or must be in writing and signed by the party to demand such compliancebe bound. This Agreement is subject to enforcement at law and/or equity, including actions for damages and/or specific performance.
Appears in 3 contracts
Samples: Environmental Indemnity Agreement (Owens Realty Mortgage, Inc.), Environmental Indemnity Agreement (Owens Realty Mortgage, Inc.), Environmental Indemnity Agreement (Inland Real Estate Income Trust, Inc.)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its their obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its their right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Cimnet Inc/Pa), Agreement and Plan of Merger (Cimnet Inc/Pa), Voting Agreement (Biw LTD)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Seacoast Banking Corp of Florida), Agreement and Plan of Merger (Community Bank System, Inc.), Agreement and Plan of Merger (Merchants Bancshares Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by of such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Confidentiality and Noncompetition Agreement (Instron Corp), Kirtland Capital Partners Iii L P, Instron Corp
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with his or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his or its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting Agreement (Morgan Stanley), Voting Agreement (Morgan Stanley), Parent Stockholder Voting Agreement (Barr Laboratories Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (White River Corp), Exhibit Jj (Pioneer Electronic Corp)
No Waiver. The failure of any party Party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party Party hereto with its such Party’s obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its such Party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stock Purchase, Non Tender and Support Agreement (GTCR Valor Merger Sub, Inc.), Stock Purchase, Non Tender and Support Agreement (JMI Equity Fund VI LP)
No Waiver. The failure of any either party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any the other party hereto with its obligations hereunderobligation under this Agreement, and any custom or practice of the parties at variance with the terms hereofof this Agreement, shall not constitute a waiver by such party of its such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Zillow Inc), Form of Voting Agreement (Trulia, Inc.)
No Waiver. The failure of any party hereto to exercise --------- any right, power power, or remedy provided under this Agreement agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, hereof shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholders Agreement (Securitas Ab), S Agreement (Northrop Grumman Corp)
No Waiver. The failure of any party hereto Party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Applicable Law or in equity, or to insist upon compliance by any other party hereto Party with its obligations hereunder, and any custom or practice of the parties Parties at variance with the terms hereof, shall not constitute a waiver by such party Party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Refinancing Support Agreement (Alion Science & Technology Corp), Refinancing Support Agreement (Alion Science & Technology Corp)
No Waiver. The failure of any party hereto to exercise any right, power --------- or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: International Purchase Agreement (Us Foodservice/Md/), Purchase Agreement (Us Foodservice/Md/)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall will not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Voting Agreement (Ansan Pharmaceuticals Inc), Voting Agreement (Ansan Pharmaceuticals Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.. EXECUTION VERSION
Appears in 2 contracts
Samples: Shareholder Agreement, Shareholder Agreement (Dynegy Holdings Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof of this Agreement at law or in equity, or to insist upon compliance by any other party hereto with its that party’s obligations hereunder, and any custom or practice of the parties at variance with the terms hereofunder this Agreement, shall not constitute a waiver by such party of its any right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Key Stockholder Agreement (Novume Solutions, Inc.), Key Stockholder Agreement (Novume Solutions, Inc.)
No Waiver. The failure of any party hereto of the Parties to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, given such Party hereunder or to insist upon strict compliance by any other party hereto Party with its obligations hereunderunder this Agreement, and any no custom or practice of the parties Parties at variance with the terms hereof, of this Agreement shall not constitute a waiver by such party of its the Parties' right to exercise any such or other right, power or remedy or to demand such complianceexact compliance with the terms hereof.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.. (i)
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hearst Argyle Television Inc), Agreement and Plan of Merger (Hearst Argyle Television Inc)
No Waiver. The failure of any party hereto to exercise --------- any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholder Agreement (Amcon Distributing Co), Shareholder Agreement (Dynamic Healthcare Technologies Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement Agreement, or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Network Membership License Agreement (Telecorp PCS Inc), Network Membership License Agreement (Triton PCS Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement Waiver or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy remedy, or to demand such compliance.
Appears in 2 contracts
Samples: Waiver Agreement (OneWater Marine Inc.), Waiver Agreement (OneWater Marine Inc.)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon strict compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right rights to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Stockholders Agreement (Advanced Logic Research Inc), Stockholders Agreement (Gateway 2000 Inc)
No Waiver. The failure of any party hereto to --------- exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Toys R Us Inc), Shareholders Agreement (Toys R Us Inc)
No Waiver. The failure of any party hereto to exercise any right, --------- power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its his or her right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Agreement (Malone John C), Agreement (Liberty Media Corp /De/)
No Waiver. The failure of any party hereto to exercise any right, power power, or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereofobligations, shall not constitute be a waiver by such party of its right to exercise any such or other right, power power, or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Executive Employment Agreement (LTX-Credence Corp), Executive Employment Agreement (LTX-Credence Corp)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law Law or in equity, or to insist upon compliance by any other party hereto with its such party's obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its such party's right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Tender and Support Agreement (Icahn Carl C), Tender and Support Agreement (Icahn Carl C)
No Waiver. The failure of any party hereto to exercise any --------- right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance, either with respect to the particular instance or future instances.
Appears in 2 contracts
Samples: Stock Option Agreement (Steel of West Virginia Inc), Stock Option Agreement (Swva Acquisition Inc)
No Waiver. The failure of any party hereto to exercise any right, power or remedy provided under this Agreement or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with his, her or its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of his, her or its right to exercise any such or other right, power or remedy or to demand such compliance.. (j)
Appears in 2 contracts
Samples: Stockholders Agreement Stockholders Agreement (Cable Car Beverage Corp), Stockholders Agreement Stockholders Agreement (Cable Car Beverage Corp)
