Remedies Cumulative; Waiver. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available at law or in equity. No express or implied waiver by any party of any default shall be a waiver of any future or subsequent default. The failure or delay of any party in exercising any rights granted hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by any party shall not exhaust the same or constitute a waiver of any other right provided herein.
Appears in 6 contracts
Samples: Exchange Agreement (Rallys Hamburgers Inc), Exchange Agreement (Cke Restaurants Inc), Exchange Agreement (Cke Restaurants Inc)
Remedies Cumulative; Waiver. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available at law or in equity. No express or implied waiver by any party of any default shall be a waiver of any future or subsequent default. The failure or delay of any party in exercising any rights granted hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by any party shall not exhaust the same or constitute a waiver of any other right provided herein.
Appears in 4 contracts
Samples: Registration Rights Agreement (Broadbandnow Inc), Registration Rights Agreement (Broadbandnow Inc), Convertible Preferred Stock Purchase Agreement (Broadbandnow Inc)
Remedies Cumulative; Waiver. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available at law or in equityto any Party. No express or implied waiver by any party Party of any default shall be a waiver of any future or subsequent default. The failure or delay of any party Party in exercising any rights granted it hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by any party Party shall not exhaust the same or constitute a waiver of any other right provided herein.
Appears in 3 contracts
Samples: Rights Agreement (Cardiovascular Systems Inc), Registration Rights Agreement (Cardiovascular Systems Inc), Registration Rights Agreement (U S Wireless Data Inc)
Remedies Cumulative; Waiver. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to a party at law or in equity. No express or implied waiver by any party Purchaser of any default shall be a waiver of any future or subsequent default. The failure or delay of any party in exercising any rights granted it hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by any a party shall not exhaust the same or constitute a waiver of any other right provided herein.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Imp Inc), Stock Purchase Agreement (Imp Inc)
Remedies Cumulative; Waiver. (a) No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available at law or in equityto any party. No express or implied waiver by any party of any default shall be a waiver of any future or subsequent default. The failure or delay of any party in exercising any rights granted to it hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by any party shall not exhaust the same or constitute a waiver of any other right provided herein.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (HTG Molecular Diagnostics, Inc)
Remedies Cumulative; Waiver. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to a party at law or in equity. No express or implied waiver by any party of any default shall be a waiver of any future or subsequent default. The failure or delay of any party in exercising any rights granted it hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by any such party shall not exhaust the same or constitute a waiver of any other right provided herein.
Appears in 1 contract
Samples: Letter Agreement (Webmd Corp /New/)