Remedies; Exercise of Rights. 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 available to such party hereunder or at law or in equity, and the exercise by any party of any one remedy at any time will not preclude the exercise of any other remedy at the same time, at another time, or in different circumstances. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof (or failure to exercise) preclude any other, further or xxxxxx exercise thereof or the exercise of any other right, power or privilege.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Valueclick Inc/Ca), Agreement and Plan of Merger and Reorganization (Valueclick Inc/Ca), Agreement and Plan of Merger (Valueclick Inc/Ca)
Remedies; Exercise of Rights. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy available to such party hereunder or at law or in equity, and the exercise by any party of any one remedy at any time will not preclude the exercise of any other remedy at the same time, at another time, or in different circumstances. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof (or failure to exercise) shall preclude any other, further or xxxxxx exercise thereof or the exercise of any other right, power or privilege.
Appears in 2 contracts
Samples: Form of Non Competition Agreement (K2 Inc), Non Competition Agreement (Brass Eagle Inc)
Remedies; Exercise of Rights. 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 available to such party hereunder or at law or in equity, and the exercise by any party of any one remedy at any time will not preclude the exercise of any other remedy at the same time, at another time, or in different circumstances. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof (or failure to exercise) shall preclude any other, further or xxxxxx exercise thereof or the exercise of any other right, power or privilege.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (K2 Inc), Agreement and Plan of Merger (Valueclick Inc/Ca)
Remedies; Exercise of Rights. 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 available to such party Party hereunder or at law or in equity, and the exercise by any party Party of any one remedy at any time will not preclude the exercise of any other remedy at the same time, at another time, or in different circumstances. No failure or delay by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof (or failure to exercise) preclude any other, further or xxxxxx fxxxxx exercise thereof or the exercise of any other right, power or privilege.
Appears in 1 contract
Remedies; Exercise of Rights. 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 available to such party hereunder or at law or in equity, and the exercise by any party of any one remedy at any time will not preclude the exercise of any other remedy at the same time, at another time, or in different circumstances. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof (or failure to exercise) preclude any other, further or xxxxxx exercise thereof or the exercise of any other right, power or privilege.
Appears in 1 contract
Samples: Compete and Confidentiality Agreement (Valueclick Inc/Ca)
Remedies; Exercise of Rights. 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 available to such party hereunder or at law or in equity, and the exercise by any party of any one remedy at any time will not preclude the exercise of any other remedy at the same time, at another time, or in different circumstances. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof (or failure to exercise) preclude any other, further or xxxxxx fxxxxx exercise thereof or the exercise of any other right, power or privilege.
Appears in 1 contract