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 279 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 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 73 contracts
Samples: Voting Agreement and Irrevocable Proxy (Highwire Capital, LLC), Voting Agreement (Klotho Neurosciences, Inc.), Voting Agreement (Toppoint Holdings Inc.)
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 42 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 23 contracts
Samples: Merger Agreement (Flag Ship Acquisition Corp), Assignment and Purchase Agreement (Tecogen Inc.), Merger Agreement (Proto Labs 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 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: 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 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, 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 13 contracts
Samples: Agreement and Plan of Merger (Revance Therapeutics, Inc.), Merger Agreement (Revance Therapeutics, Inc.), Merger Agreement
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: Acquisition Agreement (Autoweb Com Inc), Agreement and Plan of Reorganization (Gasonics International Corp), Stock Purchase Agreement (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 hereinin this Agreement, 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, by this Agreement or by law or equity upon applicable Law on such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 11 contracts
Samples: Stock Purchase Agreement (Aadi Bioscience, Inc.), Merger Agreement (Transphorm, Inc.), Merger Agreement (Embark Technology, 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 11 contracts
Samples: Voting Agreement (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 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), Purchase Agreement (Answers CORP), Purchase Agreement (Answers CORP)
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 10 contracts
Samples: Principal Shareholder Agreement, Voting Agreement (Myos Rens Technology Inc.), Voting Agreement (Myos Rens Technology 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: Asset Purchase Agreement (Cais Internet Inc), Merger Agreement (E Trade Group Inc), Agreement and Plan of Reorganization (Sandpiper Networks 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: Agreement and Plan of Reorganization (Vignette Corp), Agreement and Plan of Reorganization (Fogdog Inc), Merger Agreement (Credence Systems 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 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, Merger Agreement (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: Merger Agreement (Omega Research Inc), Merger Agreement (Corixa Corp), Agreement and Plan of Merger and Reorganization (Onlinetradinginc Com 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, 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 8 contracts
Samples: Merger Agreement (Verde Bio Holdings, Inc.), Merger Agreement (Tufin Software Technologies Ltd.), Merger Agreement (Activision Blizzard, 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: Merger Agreement (Infinera Corp), Merger Agreement (Nokia Corp), Merger Agreement (Darden Restaurants 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: Merger Agreement (WebMD Health Corp.), Merger Agreement (Witness Systems Inc), Merger Agreement (Agilysys Inc)
Remedies Cumulative. Except as otherwise provided herein, any and all The remedies herein expressly conferred upon of a party will be deemed hereunder are 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 one or more of the remedies provided for herein shall not be construed as a waiver of any of the other remedyremedies of such party unless specifically so provided herein.
Appears in 6 contracts
Samples: Redevelopment Agreement, Redevelopment Agreement, Tax Increment Financing Redevelopment Agreement
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 6 contracts
Samples: Company Shareholder Voting Agreement, Merger Agreement (Sealy 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 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: Merger Agreement (Pegasystems Inc), Acquisition Agreement (Autobytel 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, 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 5 contracts
Samples: Merger Agreement (New Relic, Inc.), Merger Agreement (Tessco Technologies Inc), Merger Agreement (Fathom Digital Manufacturing 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 part of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Master Technology Agreement (Laser Photonics Inc), Manufacturing Agreement (Laser Photonics Inc), Manufacturing Agreement (Laser Photonics 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 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, 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 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, Merger Agreement (NightHawk Radiology Holdings Inc), Stock and Partnership Interest Purchase Agreement (NightHawk Radiology 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: Merger Agreement (Stanley, Inc.), Merger Agreement (Invitrogen Corp), Merger Agreement (Teva Pharmaceutical Industries LTD)
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), Merger Agreement (FGX International Holdings LTD), Merger Agreement (Essilor International /Fi)
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: Merger Agreement (DentalServ.com), Agreement and Plan of Merger (DentalServ.com), Purchase Agreement (Naviant Inc)
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: Merger Agreement (CareDx, Inc.), Merger Agreement (CareDx, Inc.), Merger Agreement (CareDx, 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 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: Stockholder Agreement (Castlight Health, Inc.), 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 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 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 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: Merger Agreement (Nordhagen Arlen Dale), Merger Agreement (Nordhagen Arlen Dale), Merger Agreement (National Storage Affiliates Trust)
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 (Novellus Systems Inc), Merger Agreement (Speedfam Ipec 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 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: Merger Agreement (Shamir Optica Holdings A.C.S. Ltd.), Merger Agreement (Essilor International /Fi)
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, 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: Merger Agreement (Agrify Corp), Merger Agreement (Agrify 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: Merger Agreement (Data Critical Corp), Merger Agreement (Data Critical Corp)
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 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: Merger Agreement (Merit Medical Systems Inc), Merger Agreement (Quality Systems, 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: Share Exchange Agreement (GreenHouse Holdings, Inc.), Stock Purchase Agreement (National Automation Services 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: Purchase and Sale Agreement (Interstate General Co L P), Purchase and Sale Agreement (Interstate General Co L P)
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 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 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, 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
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, 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 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
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..
Appears in 1 contract
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: Merger Agreement
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 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 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 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 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 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 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 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 remedy. 9 . 10 .
Appears in 1 contract
Samples: 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 1 contract
Samples: Share Purchase Agreement (Factset Research Systems 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 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 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
Samples: Merger Agreement (Nuvasive 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
Samples: Agreement for Implementation of an Optimized Waterflood Program (California Resources Corp)
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, 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: Merger Agreement (SolarWinds, Inc.)
Remedies Cumulative. Except as otherwise provided hereinherein (including Article 9 hereof which provides an exclusive remedy to the Indemnified Party for Damages), any and all remedies herein expressly conferred upon a party Party will be deemed to be 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 1 contract
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
Samples: Merger Agreement (Vangent, 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 remedyother.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Epitope Inc/Or/)
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
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
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 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
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: Series B 1 Convertible Preferred Stock Purchase Agreement (Fluidigm Corp)
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
Samples: Merger Agreement (Amgen 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 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 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
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 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 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
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 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 expressly 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 herebyconferred, 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: Merger Agreement
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 1 contract
Samples: Agreement and Plan of Reorganization (Rational Software Corp)
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