Common use of Remedies Cumulative; Waiver Clause in Contracts

Remedies Cumulative; Waiver. No remedy referred to herein or in any exhibit hereto 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 such party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 3 contracts

Samples: Stock Purchase Agreement (London Bridge Software Holdings PLC), Stock Purchase Agreement (Phoenix International LTD Inc), Agreement (Healtheon Corp)

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Remedies Cumulative; Waiver. No remedy referred to herein or in any exhibit hereto 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 the Buyers 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 to them hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by such any party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 3 contracts

Samples: Loan Agreement and Secured Promissory Note (Cellteck Inc.), Loan Agreement and Secured Promissory Note (Cellteck Inc.), Common Stock Purchase Agreement (Eos Petro, Inc.)

Remedies Cumulative; Waiver. No remedy referred to herein or in ---------------------------- any exhibit hereto 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 him or it hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by such party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 2 contracts

Samples: Investment Agreement (Webmd Inc), Investment Agreement (Webmd Inc)

Remedies Cumulative; Waiver. No remedy referred to herein or in any exhibit hereto 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 the Company or any Investor at law or in equity. No express or implied waiver by the Company or any party Investor of any default shall be a waiver of any future or subsequent defaultdefault as to such party. The failure or delay of the Company or 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 such party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Software Net Corp), Stock Purchase Agreement (Software Net Corp)

Remedies Cumulative; Waiver. No remedy referred to herein or in any exhibit hereto 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 the Purchasers 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 such 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. No remedy referred to herein in this --------------------------- Agreement or in any exhibit hereto thereto 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 in this Agreement shall not constitute a waiver of any such right and any single or partial exercise of any particular right by such party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 1 contract

Samples: Purchase Agreement (News America Inc)

Remedies Cumulative; Waiver. No remedy referred to herein or in any exhibit hereto 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 the Buyer 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 to them hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by such any party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 1 contract

Samples: Loan Agreement and Secured Promissory Note (Cellteck Inc.)

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Remedies Cumulative; Waiver. No remedy referred to herein or in any exhibit hereto 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 the Company or any Investor at law or in equity. No express or implied waiver by the Company or any party Investor - 33 - 34 of any default shall be a waiver of any future or subsequent defaultdefault as to such party. The failure or delay of the Company or 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 such party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 1 contract

Samples: Stock Purchase Agreement (Software Net Corp)

Remedies Cumulative; Waiver. No remedy referred to herein or in any exhibit hereto 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 such party shall will not exhaust the same or constitute a waiver of any other right provided herein. No notice or demand on any party in any case shall entitle the party to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Common Stock (Yellow Brix Inc)

Remedies Cumulative; Waiver. No remedy referred to herein or in --------------------------- any exhibit hereto 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 him or it hereunder shall not constitute a waiver of any such right and any single or partial exercise of any particular right by such party shall not exhaust the same or constitute a waiver of any other right provided herein.

Appears in 1 contract

Samples: Investment Agreement (Webmd Inc)

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