Common use of Remedies Cumulative; Waiver Clause in Contracts

Remedies Cumulative; Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except to the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

Appears in 2 contracts

Samples: Noncompetition Agreement (American Home Food Products, Inc.), Noncompetition Agreement (American Home Food Products, Inc.)

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Remedies Cumulative; Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power power, or privilege under this Agreement will operate as a waiver of such right, power power, or privilege, and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver wavier that may be given by a party will be applicable except to the specific instance for which it is given; given and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Pioneer Drilling Co), Asset Purchase Agreement (Pioneer Drilling Co)

Remedies Cumulative; Waiver. The rights and remedies of the parties to this Agreement are cumulative and cumulative, not alternative. Neither the failure nor any delay by any either party in exercising any right, power power, or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of or such right, power power, or privilege, and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, right power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except to in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement.

Appears in 1 contract

Samples: www.firstamericanstock.com

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Remedies Cumulative; Waiver. (a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the any failure nor any delay by any party in exercising any right, power power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power power, or privilege, and no single or partial exercise of any such right, power power, or privilege will preclude any other or further exercise of such right, power power, or privilege or the exercise of any other right, power power, or privilege. To the maximum extent permitted by applicable lawLaw, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged waived by one a party, in whole or in part, by unless made in a waiver or renunciation of the claim or right unless in writing signed by such party or the other party; Stockholders’ Representative on behalf of a Stockholder, (b) no a waiver that may be given by a party will only be applicable except to the specific instance for which it is given; , and (c) no notice to or demand on one a party will be deemed to be a waiver of (i) waive or otherwise affect any obligation of such that party or of (ii) affect the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heritage Commerce Corp)

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