Common use of Non-Waiver and Other Remedies Clause in Contracts

Non-Waiver and Other Remedies. 15.1 Failure of any Party to insist upon the strict and punctual performance of any provision hereof shall not constitute waiver of nor estoppel against asserting the right to require such performance, nor shall a waiver or estoppel in one instance constitute a waiver or estoppel with respect to a later breach whether of similar nature or otherwise. 15.2 Subject to Section 14.2 above, nothing in this JV Agreement shall prevent a Party from enforcing its rights by such remedies as may be available in lieu of or in addition to termination.

Appears in 2 contracts

Samples: Joint Venture Agreement (Ethanex Energy, Inc.), Joint Venture Agreement (Ethanex Energy, Inc.)

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Non-Waiver and Other Remedies. 15.1 Failure of any Party to insist upon the strict and punctual performance of any provision hereof shall not constitute waiver of nor estoppel against asserting the right to require such performance, nor shall a waiver or estoppel in one instance constitute a waiver or estoppel with respect to a later breach whether of similar nature or otherwise. 15.2 Subject to Section 14.2 above, nothing Nothing in this JV Agreement shall prevent a Party from enforcing its rights by such remedies as may be available in lieu of or in addition to termination.

Appears in 1 contract

Samples: Joint Venture Agreement (Vaxgen Inc)

Non-Waiver and Other Remedies. 15.1 14.1 Failure of any Party to insist upon the strict and punctual performance of any provision hereof shall not constitute waiver of nor estoppel against asserting the right to require such performance, nor shall a waiver or estoppel in one instance constitute a waiver or estoppel with respect to a later breach whether of similar nature or otherwise. 15.2 Subject to Section 14.2 above, nothing Nothing in this JV Agreement shall prevent a Party from enforcing its rights by such remedies as may be available in lieu of or in addition to termination.

Appears in 1 contract

Samples: Joint Venture Agreement (Vaxgen Inc)

Non-Waiver and Other Remedies. 15.1 13.1 Failure of any Party to insist upon the strict and punctual performance of any provision hereof shall not constitute waiver of nor estoppel against asserting the right to require such performance, nor shall a waiver or estoppel in one instance constitute a waiver or estoppel with respect to a later breach whether of similar nature or otherwise. 15.2 13.2 Subject to Section 14.2 10.5 above, nothing in this JV Agreement shall prevent a Party from enforcing its rights by such remedies as may be available in lieu of or in addition to termination.

Appears in 1 contract

Samples: Joint Venture Agreement (Blue Holdings, Inc.)

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Non-Waiver and Other Remedies. 15.1 Failure of any Party to insist upon the strict and punctual performance of any provision hereof shall not constitute waiver of nor estoppel against asserting the right to require such performance, nor shall a waiver or estoppel in one instance constitute a waiver or estoppel with respect to a later breach breach, whether of similar nature or otherwise. 15.2 Subject to Section 14.2 above, nothing Nothing in this JV Agreement shall prevent a Party from enforcing its rights by such remedies as may be available to it, under this Agreement or applicable law, in lieu of or in addition to terminationterminating this Agreement.

Appears in 1 contract

Samples: Joint Venture Agreement (Vaxgen Inc)

Non-Waiver and Other Remedies. 15.1 13.1 Failure of any Party to insist upon the strict and punctual performance of any provision hereof shall not constitute waiver of nor estoppel against asserting the right to require such performance, nor shall a waiver or estoppel in one instance constitute a waiver or estoppel with respect to a later breach whether of similar nature or otherwise. 15.2 Subject to Section 14.2 above, nothing 13.2 Nothing in this JV Agreement shall prevent a Party from enforcing its rights by such remedies as may be available in lieu of or in addition to termination.

Appears in 1 contract

Samples: Joint Venture Agreement (Boomerang Systems, Inc.)

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