Common use of No Waivers Clause in Contracts

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent Buyer with respect to any other stockholder shareholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held beneficially owned by such stockholder shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder shareholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent Buyer with respect to any other stockholder shareholder of the Company Seller who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held beneficially owned by such stockholder shareholder or with respect to any subsequent breach of by the Stockholder Shareholder or any other such stockholder shareholder of the CompanySeller. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to Shares or New Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to the Covered Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder Shareholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder Shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder Shareholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to the Covered Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Seller or Purchaser to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Seller or Purchaser, as applicable, with respect to any other stockholder of the Company Purchaser who has executed an agreement substantially in the form of this Agreement with respect to Shares or New Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyPurchaser. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Investor to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent the Investor with respect to any other stockholder shareholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder shareholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Parent to the Stockholder shall be construed as a waiver of any rights or remedies of the Parent with respect to any other stockholder of the Company Seller who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanySeller. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyers to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent Buyers with respect to any other stockholder shareholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held beneficially owned by such stockholder shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder shareholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Buyer to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Buyer with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Homology to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Homology, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Buyer with respect to any other stockholder of the Company Seller who has executed an agreement substantially in the form of this Agreement with respect to Shares shares of Seller Common Stock held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanySeller. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the any Stockholder shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to the Company Shares held or subsequently held by such other stockholder or with respect to any subsequent breach of the such Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party hereto shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Buyer with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held beneficially owned by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent or the Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent or the Company, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement Agreement, with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Terrain to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Terrain, as applicable, with respect to any other stockholder of the Company Terrain who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyTerrain. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyers to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Buyers with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held owned by such stockholder or with respect to any subsequent breach of the Stockholder shareholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Vibrant to the Stockholder such Shareholder shall be construed as a waiver of any rights or remedies of Parent the Company or Vibrant, as applicable, with respect to any other stockholder Shareholder of the Company Vibrant who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder Shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder Shareholder of the CompanyVibrant. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares the shares of Company Common Stock held or subsequently held by such other stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party hereto shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent or the Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent or the Company, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Vibrant to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Vibrant, as applicable, with respect to any other stockholder Stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder Stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder Stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder shareholder of the Company Corporation who has executed an agreement substantially in the form of this Agreement with respect to the Corporation Shares held or subsequently held by such stockholder other shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder shareholder of the CompanyCorporation. No waiver of any provisions hereof by either party hereto shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent or the Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent or the Company, as applicable, with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement Agreement, with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Terrain to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Terrain, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No Except as set forth in Section 23, no waivers of any breach of this Agreement extended by Parent the Company or Targacept to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Targacept, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to the Covered Shares held or subsequently held by such stockholder the Stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party. No waiver of any provision hereof by any party will constitute a waiver by any other party.

No Waivers. No waivers waiver of any breach of any agreement substantially in the form of this Agreement extended by Parent to any other stockholder of the Stockholder Company shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement Stockholder with respect to the Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions provision hereof by either party shall be deemed a waiver of any other provisions provision hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party. No provision hereof or obligation hereunder may be waived except by an instrument in writing signed by each party hereto.

No Waivers. No waivers of any breach of this Agreement extended by Parent OXiGENE or VaxGen to the Stockholder shall be construed as a waiver of any rights or remedies of Parent OXiGENE or VaxGen, as applicable, with respect to any other stockholder of the Company OXiGENE who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyOXiGENE. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder Stockholders shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the any Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party any Party shall be deemed a waiver of any other provisions hereof by any such partyParty, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such partyParty.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Homology to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Homology, as applicable, with respect to any other stockholder of the Company Homology who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyHomology. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to the Covered Shares held or subsequently held by such stockholder the Stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party. No waiver of any provision hereof by any party will constitute a waiver by any other party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder shareholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder shareholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Buyer with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held shares beneficially owned by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder shareholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to the Company Shares held or subsequently held by such stockholder other shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder shareholder of the Company. No waiver of any provisions hereof by either party hereto shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent Buyer with respect to any other stockholder shareholder of the Company Seller who has executed an agreement substantially in the form of this Agreement with respect to Seller Shares held or subsequently held beneficially owned by such stockholder shareholder or with respect to any subsequent breach of by the Stockholder Shareholder or any other such stockholder shareholder of the CompanySeller. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent or the Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent or the Company, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent AVB to the Stockholder Company Shareholder shall be construed as a waiver of any rights or remedies of Parent AVB with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares Company Stock (or options or other rights to obtain Company Stock) held or subsequently held by such stockholder stockholder, or with respect to any subsequent breach of the Stockholder Company Shareholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent NewCo or Merger Sub to the Seller Stockholder shall be construed as a waiver of any rights or remedies of Parent NewCo or Merger Sub, as applicable, with respect to any other stockholder of the Company Seller who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Seller Stockholder or any other such stockholder of the CompanySeller. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Parent, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to the Company Shares held or subsequently held by such other stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party hereto shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Idera to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Idera, as applicable, with respect to any other stockholder of the Company Idera who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyIdera. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Buyer with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held owned by such stockholder or with respect to any subsequent breach of the Stockholder shareholder or any other such stockholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No Except as set forth in Section 23, no waivers of any breach of this Agreement extended by Parent the Company or Synta to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Synta, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Buyer to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Buyer with respect to any other stockholder of the Company Seller who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanySeller. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by the Securityholder Agent, the Proxy, the Company or Parent to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Securityholder Agent, the Proxy, the Company or Parent, as applicable, with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Neuromed US or the Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Neuromed US or the Company, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company or Miragen to the Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company or Miragen, as applicable, with respect to any other stockholder of the Company Miragen who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyMiragen. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company to the Stockholder Stockholders shall be construed as a waiver of any rights or remedies of Parent the Company, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the Company. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Bancorp to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Bancorp with respect to any other stockholder of the Company Chart who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder stockholder, or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyChart. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Company to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Company with respect to any other stockholder of the Company Parent who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyParent. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Buyer or Seller to the Stockholder shall be construed as a waiver of any rights or remedies of Parent Buyer or Seller, as applicable, with respect to any other stockholder of the Company Buyer who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder of the CompanyBuyer. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent the Company to the such Stockholder shall be construed as a waiver of any rights or remedies of Parent the Company, as applicable, with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to the Subject Shares held or subsequently held by such stockholder Stockholder or with respect to any subsequent breach of the Stockholder or any other such stockholder Stockholder of the Company. No waiver of any provisions hereof by either party any Party shall be deemed a waiver of any other provisions hereof by any such partyParty, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such partyParty.

No Waivers. No waivers of any breach of this Agreement extended by Parent CVLY to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent CVLY with respect to any other stockholder shareholder of the Company ORRF who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held owned by such stockholder shareholder or with respect to any subsequent breach of the Stockholder shareholder or any other such stockholder shareholder of the CompanyORRF. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent or Merger Sub to the Stockholder Gorman shall be construed as a waiver of any rights or remedies of Parent Parexx xx Merger Sub with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares shares of the Company held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder Gorman or any other such stockholder of the Company. No waiver of any provisions pxxxxxxons hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent to the Stockholder Directors shall be construed as a waiver of any rights or remedies of Parent with respect to any other stockholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder or with respect to any subsequent breach of the Stockholder any Director or any other such stockholder of the Company. No waiver of any provisions hereof by either party any Party shall be deemed a waiver of any other provisions hereof by any such partyParty, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such partyParty.

No Waivers. No waivers of any breach of this Agreement extended by Parent or the Company to the Stockholder any Holder shall be construed as a waiver of any rights or remedies of Parent or the Company, as applicable, with respect to any other stockholder equityholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares Units held or subsequently held by such stockholder equityholder or with respect to any subsequent breach of the Stockholder any Holder or any other such stockholder equityholder of the CompanyParent. No waiver of any provisions hereof by either any party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.

No Waivers. No waivers of any breach of this Agreement extended by Parent Investor to the Stockholder Shareholder shall be construed as a waiver of any rights or remedies of Parent Investor with respect to any other stockholder shareholder of the Company who has executed an agreement substantially in the form of this Agreement with respect to Shares held or subsequently held by such stockholder shareholder or with respect to any subsequent breach of the Stockholder Shareholder or any other such stockholder shareholder of the Company. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by any such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.