Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 275 contracts
Samples: Membership Interest Purchase Agreement (Rocket Lab USA, Inc.), Option Agreement (Pacific Software, Inc.), Option Agreement (Pacific Software, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies No remedy herein expressly conferred upon a any party will is intended to be deemed cumulative with and not exclusive of any other remedy, and each and every such remedy conferred herebyshall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute, or by law otherwise. No single or equity upon such party, and the partial exercise by a any party of any one right, power or remedy will not hereunder shall preclude the exercise of any other remedyor further exercise thereof.
Appears in 125 contracts
Samples: Note Purchase Agreement (HealthLynked Corp), Note Purchase Agreement (KULR Technology Group, Inc.), Note Purchase Agreement (KULR Technology Group, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 71 contracts
Samples: Voting Agreement and Irrevocable Proxy (Highwire Capital, LLC), Voting Agreement and Irrevocable Proxy (Toppoint Holdings Inc.), Voting Agreement (Michery David)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partylaw, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 39 contracts
Samples: Fig Revenue Sharing Agreement (Fig Publishing, Inc.), Fig Revenue Sharing Agreement (Fig Publishing, Inc.), Fig Revenue Sharing Agreement (Fig Publishing, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 21 contracts
Samples: Agreement and Plan of Merger (Proto Labs Inc), Agreement and Plan of Merger (Porch Group, Inc.), Asset Purchase Agreement (NantHealth, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 14 contracts
Samples: Business Combination Agreement (Squirrel Enlivened International Co., LTD), Asset Purchase Agreement (Perspective Therapeutics, Inc.), Stock Purchase Agreement (Akerna Corp.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 13 contracts
Samples: Asset Purchase Agreement (VBI Vaccines Inc/Bc), Master Framework Agreement (SITIME Corp), Asset Purchase Agreement
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Revance Therapeutics, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger (Enova International, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any ------------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 11 contracts
Samples: Agreement and Plan of Reorganization (Agile Software Corp), Agreement and Plan of Reorganization (Gasonics International Corp), Agreement and Plan of Reorganization (Loudeye Technologies Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 11 contracts
Samples: Asset Purchase Agreement (Mallinckrodt PLC), Asset Purchase Agreement (Argenx Se), Asset Purchase Agreement (Lumos Pharma, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 11 contracts
Samples: Voting Agreement (Sourcefire Inc), Share Purchase Agreement (Nuvasive Inc), Agreement and Plan of Merger (Electronic Arts Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 10 contracts
Samples: Voting Agreement and Irrevocable Proxy (Toghraie Jeff), Voting Agreement (Alternus Clean Energy, Inc.), Voting Agreement (MultiSensor AI Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and ------------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 10 contracts
Samples: Escrow Agreement (Netcentives Inc), Shareholder Agreement (Digital Island Inc), Asset Purchase Agreement (Cais Internet Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all ------------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 10 contracts
Samples: Shareholder Agreement (Integrated Measurement Systems Inc /Or/), Agreement and Plan of Reorganization (Hei Inc), Asset Purchase Agreement (Microtune Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative (but without duplication) with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 9 contracts
Samples: Voting Agreement (Myos Rens Technology Inc.), Voting Agreement (Myos Rens Technology Inc.), Principal Shareholder Agreement (Maxwell Technologies Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 9 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Agreement and Plan of Merger and Reorganization (SolarWinds, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 8 contracts
Samples: Agreement and Plan of Merger and Reorganization (Onlinetradinginc Com Corp), Agreement and Plan of Merger (Omega Research Inc), Composition Agreement (All American Semiconductor Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Infinera Corp), Agreement and Plan of Merger (Nokia Corp), Agreement and Plan of Merger (Darden Restaurants Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Verde Bio Holdings, Inc.), Agreement and Plan of Merger (Tufin Software Technologies Ltd.), Agreement and Plan of Merger (Activision Blizzard, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 7 contracts
Samples: Support Agreement (Witness Systems Inc), Agreement and Plan of Merger (Agilysys Inc), Agreement and Plan of Merger (WebMD Health Corp.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of to any other remedy conferred herebyby this Agreement, or by law or equity upon applicable Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 6 contracts
Samples: Support Agreement (Bears Holding Sub, Inc.), Support Agreement (Bears Holding Sub, Inc.), Support Agreement (Rti Surgical, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Pegasystems Inc), Agreement and Plan of Merger (Altiris Inc), Acquisition Agreement (Autobytel Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred confirmed hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Stratus Services Group Inc), Asset Purchase Agreement (Stratus Services Group Inc), Asset Purchase Agreement (Stratus Services Group Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party part of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Manufacturing Agreement (Laser Photonics Inc), Master Technology Agreement (Laser Photonics Inc), Manufacturing Agreement (Laser Photonics Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Bluebird Bio, Inc.), Asset Purchase Agreement (Argenx Se), Asset Purchase Agreement (Bluebird Bio, Inc.)
Remedies Cumulative. Except as otherwise provided herein, and subject to the terms and conditions set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (New Relic, Inc.), Agreement and Plan of Merger (Fathom Digital Manufacturing Corp), Agreement and Plan of Merger (Castlight Health, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Cheetah Mobile Inc.), Asset Purchase Agreement (Global Health Voyager Inc), Asset Purchase Agreement (Arris Group Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all All remedies available to the parties or herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy remedies expressly conferred hereby, hereby or by law or equity upon such available to any party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Employment Agreement (Harolds Stores Inc), Employment Agreement (Harolds Stores Inc), Employment Agreement (Harolds Stores Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Company Shareholder Voting Agreement, Parent Stockholder Voting Agreement (August Technology Corp), Company Shareholder Voting Agreement (Rudolph Technologies Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy, except as expressly set forth herein.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Nordhagen Arlen Dale), Agreement and Plan of Merger (Nordhagen Arlen Dale), Agreement and Plan of Merger (National Storage Affiliates Trust)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred herebyby this Agreement, or by law or equity upon applicable Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Form of Stockholder Agreement (Castlight Health, Inc.), Form of Support Agreement (Castlight Health, Inc.), Support Agreement (Symantec Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Merger Agreement (UTi WORLDWIDE INC), Agreement and Plan of Merger (FGX International Holdings LTD), Agreement and Plan of Merger (Essilor International /Fi)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Master Transaction Agreement (RTI Surgical Holdings, Inc.), Master Transaction Agreement (Rti Surgical, Inc.), Purchase and Sale Agreement (CION Investment Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Stock and Partnership Interest Purchase Agreement, Stock and Partnership Interest Purchase Agreement (NightHawk Radiology Holdings Inc), Agreement and Plan of Merger and Reorganization (NightHawk Radiology Holdings Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of to any other remedy conferred herebyby this Agreement, or by law or equity upon applicable Requirements of Law on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Support Agreement (RTI Surgical Holdings, Inc.), Support Agreement (RTI Surgical Holdings, Inc.), Support Agreement (RTI Surgical Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided in Section 9.2(c) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Invitrogen Corp), Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD), Agreement and Plan of Merger (Stanley, Inc.)
Remedies Cumulative. Except as otherwise provided ------------------- herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Purchase Agreement (Naviant Inc), Agreement and Plan of Merger (DentalServ.com), Agreement and Plan of Merger (DentalServ.com)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Voting Agreement (LEO Pharma a/S), Voting Agreement (Peplin Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 8.8
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Rational Software Corp), Agreement and Plan of Reorganization (Avant Corp)
Remedies Cumulative. Except as otherwise provided herein, any ------------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Data Critical Corp), Agreement and Plan of Merger (Data Critical Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Merit Medical Systems Inc), Agreement and Plan of Merger (Quality Systems, Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy. Nothing in this Agreement is intended to, or shall, limit any party’s liability for fraud.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Shamir Optica Holdings A.C.S. Ltd.), Agreement and Plan of Merger (Essilor International /Fi)
Remedies Cumulative. (a) Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Valneva SE), Asset Purchase Agreement (Bluebird Bio, Inc.)
Remedies Cumulative. Except as otherwise Notwithstanding anything else herein to the contrary, the remedies of each party provided herein, any and all remedies for herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party cumulative. The existence of any one remedy will shall not preclude impair the exercise right of any party to seek and obtain any other remedyremedy available to such party hereunder or otherwise under applicable law or equity.
Appears in 2 contracts
Samples: Agreement (Interstate General Co L P), Agreement of Purchase and Sale (Interstate General Co L P)
Remedies Cumulative. Except as otherwise provided herein, including without limitation Section 7(a)(iv), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Agrify Corp), Agreement and Plan of Merger (Agrify Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any Party of any right to specific performance or injunctive relief.
Appears in 2 contracts
Samples: Asset Transfer Agreement (Otonomy, Inc.), Asset Transfer Agreement (Otonomy, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Share Exchange (GreenHouse Holdings, Inc.), Stock Purchase Agreement (National Automation Services Inc)
Remedies Cumulative. Except as otherwise provided herein, ------------------- any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Netcentives Inc), Purchase Agreement (Naviant Inc)
Remedies Cumulative. Except as otherwise provided hereinherein (and specifically with respect to the remedy provided upon a termination by Parent pursuant to Section 7.3(b)(i)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Speedfam Ipec Inc), Agreement and Plan of Merger and Reorganization (Novellus Systems Inc)
Remedies Cumulative. Except as provided in Article IX or as otherwise ------------------- provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative (but without duplication) with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.. 6.8
Appears in 1 contract
Samples: Shareholder Agreement
Remedies Cumulative. Except as otherwise provided herein, and subject to the terms and conditions set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Thoughtworks Holding, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred ----- ------------------- upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Support Agreement (WeWork Inc.)
Remedies Cumulative. Except as otherwise provided hereinherein (including the limitations with respect to remedies set forth in Section 8), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and and, except as otherwise provided herein (including the limitations with respect to remedies set forth in Section 8), the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as Unless otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, including the limitations expressly imposed by Article IX, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Entorian Technologies Inc)
Remedies Cumulative. Except as otherwise provided hereinWithout limiting Section 4(a), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided hereinherein (including and subject to Section 8.7), any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing in this Agreement shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, including the sole and exclusive remedy provision of Section 7.6, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (SolarWinds, Inc.)
Remedies Cumulative. Except as otherwise provided in Section 8.2, Section 9.2(c), Section 10.10 or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided in Section 9.2(f) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Applicable Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Stock Purchase Agreement (White Mountains Insurance Group LTD)
Remedies Cumulative. Except as otherwise provided hereinherein (including pursuant to Section 8.2), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided hereinherein (including pursuant to Section 9.8(b)), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Omnicomm Systems Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law, or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Share Purchase Agreement (Factset Research Systems Inc)
Remedies Cumulative. Except as otherwise provided hereinherein (including the limitations with respect to remedies set forth in Section 8), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and and, except as otherwise provided herein (including the limitations with respect to remedies set forth in Section 8), the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 9.6
Appears in 1 contract
Samples: Agreement and Plan of Merger
Remedies Cumulative. Except as otherwise provided in Section 9.2(c) or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be de deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided hereinherein and without limiting Section 8.6, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Axos Financial, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any It is understood and all agreed that the remedies herein expressly conferred upon a given to each party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partycumulative, and the exercise by a party of any one remedy will of a party shall not preclude be to the exercise exclusion of any other remedy.
Appears in 1 contract
Samples: Lease Agreement (Faraday Future Intelligent Electric Inc.)
Remedies Cumulative. Except as Unless otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Acquisition Option Agreement (Wilson Holdings, Inc.)
Remedies Cumulative. Except as otherwise specifically provided herein, any and all the remedies provided herein expressly conferred upon a party will be deemed are cumulative with one another and not exclusive with any other remedies which any Party may have at law, in equity, under any agreements of any other remedy conferred hereby, type or by law or equity upon such partyotherwise, and the exercise by a party of or failure to exercise any one remedy will shall not preclude the exercise of that remedy at another time or of any other remedyremedy at any time.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided hereinherein (and --------------------- specifically with respect to the remedy provided upon a termination by any party pursuant to Section 7.3(b)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.. [Signature Page Follows]
Appears in 1 contract
Remedies Cumulative. Except as otherwise expressly provided hereinherein (e.g., Section 8.10), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forgent Networks Inc)
Remedies Cumulative. Except as otherwise provided hereinin this Agreement, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Forest Laboratories Inc)
Remedies Cumulative. Except as otherwise provided herein, and subject to the terms and conditions set forth herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.. 108
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tessco Technologies Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon such party, Party and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 10.6
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and end not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such partylaw, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother. Headings shall not be considered in interpreting this Agreement.
Appears in 1 contract
Samples: Distribution Agreement (Claria Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 11.7
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies Any remedy herein expressly conferred upon a party hereto will be deemed cumulative with with, and not exclusive of of, any other remedy herein expressly conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one such remedy will not preclude the exercise of any other such remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive exclusive, of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Asset Purchase Agreement (Quickturn Design Systems Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party in this Agreement will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred herebyby this Agreement, or by law or equity upon such partyparty hereto, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and ------------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive exclusive, of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon on a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law Law or equity upon on such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.. Except as set forth in Section 8.3(d)(iii), the Parties agree that (i) by seeking the remedies provided for in this
Appears in 1 contract
Samples: Purchase Agreement (Fluidigm Corp)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.. 8.17
Appears in 1 contract
Samples: Agreement (Tecogen Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred herebyby this Agreement, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will shall not preclude the exercise of any other remedyremedy and nothing herein shall be deemed a waiver by any party of any right to specific performance or injunctive relief.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Howard Bancorp Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.. (h)
Appears in 1 contract
Samples: Voting Agreement (Diversified Restaurant Holdings, Inc.)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, hereby and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.. 11.6
Appears in 1 contract
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a any party hereto will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a any party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Asset Purchase Agreement (G Iii Apparel Group LTD /De/)
Remedies Cumulative. Except as otherwise provided herein, any and all All remedies available to the parties or herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy remedies expressly conferred hereby, hereby or by law or equity upon such available to any party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Epitope Inc/Or/)
Remedies Cumulative. Except as otherwise provided hereinherein (and -------------------- specifically with respect to the remedy provided upon a termination by any party pursuant to Section 7.3(b)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Cardiotech International Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. * * *
Appears in 1 contract
Samples: Agreement and Plan of Merger (Granahan McCourt Acquisition CORP)
