Common use of Remedies Not Exclusive Clause in Contracts

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 28 contracts

Samples: Asset Purchase Agreement (Edible Garden AG Inc), Membership Interest Purchase Agreement (Terra Tech Corp.), Stock Purchase Agreement (Terra Tech Corp.)

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Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 21 contracts

Samples: Shareholder Agreements (Nyiax, Inc.), License Agreement, Stockholders' Agreement (CaliberCos Inc.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement or any document contemplated by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 18 contracts

Samples: Asset Purchase Agreement (Vision Twenty One Inc), Agreement and Plan of Reorganization (Vision Twenty One Inc), Asset Purchase Agreement (Vision Twenty One Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions provision of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 17 contracts

Samples: Nodal Exchange Participant Agreement, Nodal Exchange Participant Agreement, Nodal Exchange Participant Agreement

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of in this Agreement conferred upon or reserved to the County or the Company hereunder is intended to be exclusive of any other remedyremedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesstatute.

Appears in 15 contracts

Samples: Special Source Credit Agreement, Special Source Credit Agreement, Special Source Credit Agreement

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No remedy shall be deemed to be a limitation on the amount or measure of damages resulting from any breach of this Agreement. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies.

Appears in 13 contracts

Samples: Asset Purchase Agreement (Cardiac Science Inc), Asset Transfer Agreement (Union Electric Co), Asset Transfer Agreement (Union Electric Co)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of in this Agreement conferred upon or reserved to the Company or the County is intended to be exclusive of any other remedyremedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesstatute.

Appears in 7 contracts

Samples: Special Source Revenue Credit Agreement, Special Source Revenue Credit Agreement, Special Source Credit Agreement

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of in this Agreement conferred upon or reserved to the County or either Company hereunder is intended to be exclusive of any other remedyremedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesstatute.

Appears in 7 contracts

Samples: Special Source Credit Agreement, Special Source Credit Agreement, Special Source Credit Agreement

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement or the Transaction Documents is intended to be exclusive of any other remedy, and each and every . Each such remedy shall be cumulative cumulative, and shall be in addition to every other such remedy given hereunder or now or hereafter any other remedy existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesequity.

Appears in 6 contracts

Samples: Asset Contribution and Exchange Agreement, Asset Contribution and Exchange Agreement (Novamed Inc), Asset Contribution and Exchange Agreement (Novamed Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 6 contracts

Samples: Purchase Agreement (American Ecology Corp), Funding and Stock Purchase Agreement (Triad Medical Inc), Purchase Agreement (American Ecology Corp)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by New Horizon or AHR shall not constitute a waiver of the right to pursue other available remedies.

Appears in 5 contracts

Samples: Reorganization Agreement (New Horizon Education Inc), Agreement and Plan of Reorganization (American Hospital Resources Inc), Agreement and Plan of Reorganization (New Horizon Education Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by the Company or Target shall not constitute a waiver of the right to pursue other available remedies.

Appears in 4 contracts

Samples: Share Exchange Agreement (Fdctech, Inc.), Share Exchange Agreement (Gulf & Orient Steamship Company, Ltd.), Share Exchange Agreement (Geo Point Resources, Inc.)

Remedies Not Exclusive. No Except as expressly provided herein, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 4 contracts

Samples: Executive Aircraft Management and Charter Services Agreement (Oxbridge Acquisition Corp.), Executive Aircraft Management Agreement (Oxbridge Acquisition Corp.), Executive Aircraft Management and Charter Services Agreement (Oxbridge Acquisition Corp.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by a party shall not constitute a waiver of the right of such party to pursue other available remedies.

Appears in 4 contracts

Samples: Share Exchange Agreement (Ecoark Holdings, Inc.), Share Exchange Agreement (Enviro Technologies U.S., Inc.), Share Exchange Agreement (Fortium Holdings Corp.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other remedies.

Appears in 4 contracts

Samples: Aircraft Time Sharing Agreement (Colony Capital, Inc.), Aircraft Time Sharing Agreement (Moelis & Co), Aircraft Time Sharing Agreement (Moelis & Co)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be be, nor shall be, exclusive of any other remedyremedy available at law, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 4 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Bluegreen Corp), Asset Purchase Agreement (Gray Communications Systems Inc /Ga/)

Remedies Not Exclusive. No right or remedy conferred by any of the specific provisions of set forth in this Agreement is intended to be exclusive of any other remedy, and each and every right or remedy shall be cumulative and but shall be in addition to every other right and remedy given hereunder under this Agreement or existing now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesequity.

Appears in 4 contracts

Samples: Administrative Services Agreement (Health Insurance Innovations, Inc.), Agency Agreement (Amerinst Insurance Group LTD), Sub Producer Agreement (Direct General Corp)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement or any Exhibit, Annex or Schedule hereto, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies.

Appears in 3 contracts

Samples: License Agreement (Faroudja Inc), License Agreement (Faroudja Inc), License Agreement (Faroudja Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder hereunder, or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 3 contracts

Samples: Public Display Agreement, Public Display Agreement, Public Display Agreement

Remedies Not Exclusive. No Unless specifically provided otherwise herein, no remedy conferred by any of the specific provisions terms of this Agreement conferred upon or reserved to any party hereto is intended to be exclusive of any other remedy, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of (including, without limitation the right to pursue other remediessuch equitable relief by way of injunction) or by statute on or after the date of this Agreement.

Appears in 3 contracts

Samples: Origination Responsibility Agreement (Collegiate Funding Services Inc), Origination Responsibility Agreement (Collegiate Funding Services Inc), Origination Responsibility Agreement (Collegiate Funding Services Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions provision of this Agreement is intended to be exclusive of any other remedyremedy (including, but not limited to, any remedy or rights under the Rules), except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 3 contracts

Samples: Software License Agreement (Cbot Holdings Inc), Software License Agreement (Cbot Holdings Inc), Software License Agreement (Cbot Holdings Inc)

Remedies Not Exclusive. No remedy conferred by any of upon or reserved to the specific provisions of Lender in this Agreement is intended to be exclusive of any other remedyremedy or remedies, and each and but every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder conferred herein or now or hereafter existing at law or law, in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesstatute.

Appears in 3 contracts

Samples: Post Petition Loan and Security Agreement, Post Petition Loan and Security Agreement, Loan and Security Agreement (Luminent Mortgage Capital Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Webx or SII shall not constitute a waiver of the right to pursue other available remedies.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Steroidogenesis Inhibitors International Inc), Agreement and Plan of Reorganization (Steroidogenesis Inhibitors International Inc), Agreement and Plan of Reorganization (Steroidogenesis Inhibitors International Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 3 contracts

Samples: Marketing Agreement (Emergent BioSolutions Inc.), Marketing Agreement (Emergent BioSolutions Inc.), Marketing Agreement (Emergent BioSolutions Inc.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement or any Exhibit thereto, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Kv Pharmaceutical Co /De/), Oem Supply Agreement (Thermogenesis Corp), License Agreement (Mossimo Inc)

Remedies Not Exclusive. No Except as specifically provided for elsewhere in this Agreement, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by a party shall not not, except as otherwise expressly provided for herein, constitute a waiver of the right to pursue other available remedies.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Newpark Resources Inc), Stock Purchase Agreement (Premier Parks Inc), Stock Purchase Agreement (Premier Parks Inc)

Remedies Not Exclusive. No Except as provided in Section 11, (a) no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and (b) each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law law, in equity, or in equity by statute or otherwise. The otherwise and (c) the election of any one or more remedies by either party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Newpark Resources Inc), Agreement and Plan of Reorganization (Newpark Resources Inc), Agreement and Plan of Reorganization (Newpark Resources Inc)

Remedies Not Exclusive. No remedy herein conferred by any of the specific provisions of upon or reserved in this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at in law or in equity or by statute or otherwise. The election of otherwise and may be exercised without exhausting and without regard to any one or more remedies shall not constitute a waiver of the right to pursue other remediesremedy conferred by any other law.

Appears in 3 contracts

Samples: Project Operating Agreement, Project Operating Agreement, Project Operating Agreement

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by TBAY shall not constitute a waiver of the right to pursue other available remedies.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (T Bay Holdings Inc), Agreement and Plan of Reorganization (T Bay Holdings Inc), Agreement and Plan of Reorganization (T Bay Holdings Inc)

Remedies Not Exclusive. (a) No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any of the parties shall not constitute a waiver of the right to pursue other remedies.

Appears in 3 contracts

Samples: Joint Venture Agreement (Aura Systems Inc), Joint Venture Agreement (Aura Systems Inc), Joint Venture Agreement (Aura Systems Inc)

Remedies Not Exclusive. 21.1 No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 3 contracts

Samples: Marketing Agreement (Enerpulse Technologies, Inc.), Marketing Agreement (Enerpulse Technologies, Inc.), Marketing Agreement (L2 Medical Development Co)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by WPET or SkyGivers shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Water Petroleum & Environmental Technologies Co), Agreement and Plan of Reorganization (Skygivers Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of in this Agreement conferred upon or reserved to the Company or County is intended to be exclusive of any other remedyremedy or remedies, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesstatute.

Appears in 2 contracts

Samples: Infrastructure Financing Agreement, Infrastructure Financing Agreement

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. Except as otherwise expressly provided herein, no remedy shall be deemed to be a limitation on the amount or measure of damages resulting from any breach of this Agreement. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Asset and Stock Purchase Agreement, Asset and Stock Purchase Agreement (GeoPharma, Inc.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of upon either party in this Agreement is intended to be exclusive of any other remedyremedy herein or by law provided or permitted, and but each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesstatute.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Security National Financial Corp), Asset Purchase Agreement (Security Bank Corp)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Purchase Agreement or any other Transaction Document is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any Party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Vein Associates of America Inc), Asset Purchase Agreement (Vein Associates of America Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every right and remedy shall be hereunder is cumulative with each and shall be in addition to every other right and remedy given hereunder or now or hereafter existing at law herein or in equity by statute any other agreement between the parties or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesunder applicable law.

Appears in 2 contracts

Samples: Strategic Alliance Agreement (Aura Systems Inc), Strategic Alliance Agreement (Aura Systems Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other remediesremedies available according to law.

Appears in 2 contracts

Samples: Supply Agreement (Herbalife International Inc), Supply Agreement (Herbalife International Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Shaft or Elegant shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Shaft Inc), Reorganization Agreement (Shaft Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one anyone or more remedies by any party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Stock Purchase Agreement (American Physician Partners Inc), Stock Purchase Agreement (Koll Real Estate Group Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every such remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 2 contracts

Samples: Professional Services (Nord Anglia Education, Inc.), Professional Services (Nord Anglia Education, Inc.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions terms of this Agreement conferred upon or reserved to any party hereto is intended to be exclusive of any other remedy, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of (including, without limitation the right to pursue other remediessuch equitable relief by way of injunction) or by statute on or after the date of this Agreement.

Appears in 2 contracts

Samples: Private Consolidation Loan Origination Responsibility Agreement (Collegiate Funding Services Inc), Private Consolidation Loan Origination Responsibility Agreement (Collegiate Funding Services Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each and every remedy shall be is cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesexisting.

Appears in 2 contracts

Samples: Regional Participation Agreement, Project Participation Agreement

Remedies Not Exclusive. No Except as provided in Section 14, (a) no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and (b) each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law law, in equity, or in equity by statute or otherwise. The otherwise and (c) the election of any one or more remedies by either party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Newpark Resources Inc), Agreement and Plan of Reorganization (Newpark Resources Inc)

Remedies Not Exclusive. 12.1 No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No remedy shall be deemed to be a limitation on the amount or measure of damages resulting from any breach of this Agreement. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: License Agreement (Anth1, Inc), Purchase Agreement (Anth1, Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by either of the parties shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Purchase Agreement (Central Illinois Bancorp Inc), Branch Office Purchase Agreement (Argo Bancorp Inc /De/)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by WNRG or Xxxxx shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Acquisition Agreement (Worldnet Resources Group Inc), Agreement and Plan of Reorganization (Worldnet Resources Group Inc)

Remedies Not Exclusive. No Except as otherwise provided in this Agreement, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No remedy will be deemed to be a limitation on the amount or measure of damages resulting from any breach of this Agreement. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Stock Exchange Agreement (Integrated Systems Inc), Stock Exchange Agreement (8x8 Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No remedy will be deemed to be a limitation on the amount or measure of damages resulting from any breach of this Agreement. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sterion Inc), Asset Purchase Agreement (New Hope Investments Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions provision of this Agreement confers is intended by either party hereto to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall by either party hereto will not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Funding Agreement (Us Concrete Inc), Funding Agreement (Us Concrete Inc)

Remedies Not Exclusive. No Except as otherwise specifically provided, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election by a party of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Packaging Agreement (Hansen Natural Corp), Packaging Agreement (Hansen Natural Corp)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement or any document contemplated in this Agreement is intended to be exclusive of any other remedyremedy so conferred, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in at equity or by statute or otherwise. The election of any one or more remedies hereunder by any party hereto shall not constitute a waiver of the right to pursue other remediesavailable remedies hereunder.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Vision Twenty One Inc), Asset Purchase Agreement (Vision Twenty One Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by WGH or HEC shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Western Glory Hole Inc), Reorganization Agreement (Western Glory Hole Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any party shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Purchase Agreement (Vestin Group Inc), Purchase Agreement (Vestin Group Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedyremedy and, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law in Jaw or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 2 contracts

Samples: Marketing Agreement, Marketing Agreement (Emergent BioSolutions Inc.)

Remedies Not Exclusive. No Except as otherwise provided in Section 10.06, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing subsequently existing, at law or in equity equity, by statute or otherwise. The election of any one or more remedies shall by Investor or the Company will not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Merger Agreement (HHG Distributing, LLC), Merger Agreement (Hhgregg, Inc.)

Remedies Not Exclusive. No Except as provided in Sections 13 and 14, (a) no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and (b) each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law law, in equity, or in equity by statute or otherwise. The otherwise and (c) the election of any one or more remedies by either party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Newpark Resources Inc), Reorganization Agreement (Newpark Resources Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Amex or Allied shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Amexdrug Corp)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing existing, at law or in equity by statute or otherwise. The election of any one or more remedies by Granada or SARG shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Stock Exchange Agreement (Granada Mineral Products Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by MSH shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Metaswarm Inc.)

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Remedies Not Exclusive. No Except as specifically provided for elsewhere in this Agreement, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall by a party will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Manufacturing and Fulfillment Services Agreement (Mp3 Com Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Sustut or Optex shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Reorganization Agreement (Optex Systems Holdings Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, including, without limitation, the remedy of specific performance. The election of any one or more remedies by Buyer or a Seller shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Asset Purchase Agreement (Stratus Services Group Inc)

Remedies Not Exclusive. No remedy conferred by any ---------------------- of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now under this Agreement or hereafter existing at law or in equity or by statute or otherwise. No remedy will be deemed to be a limitation on the amount or measure of damages resulting from any breach of this Agreement. The election of any one or more remedies shall does not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Asset Purchase Agreement (Trans World Entertainment Corp)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by EXCEL or FULLCIRCLE shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Excel Publishing Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Purchase Agreement or any other Transaction Document is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Purchase Agreement (American Oncology Resources Inc /De/)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 1 contract

Samples: Contribution and Exchange Agreement (VOC Brazos Energy Partners, LP)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Strike Axe, Inc. or Nutritional Concepts shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Strike Axe, Inc)

Remedies Not Exclusive. No Unless otherwise expressly provided, no remedy conferred by any of the specific provisions of in this Agreement or reserved to Fxxxxx Mxx is intended to be exclusive of any other remedyavailable remedy or remedies, and but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder in this Agreement or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesequity.

Appears in 1 contract

Samples: Master Recourse Agreement (Municipal Mortgage & Equity LLC)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by MMIC or Eccount shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Worldnet Resources Group Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific ---------------------- provisions of this Agreement is intended to be be, nor shall be, exclusive of any other remedyremedy available at law, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 1 contract

Samples: Asset Sale Agreement (Ptek Holdings Inc)

Remedies Not Exclusive. No Except as specifically provided for elsewhere in this Agreement, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by a party shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Manufacturing Agreement (Newpark Resources Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions provision of this Agreement is intended of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by SPORTSMAN or CAP'S shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Share Exchange Agreement (Sportsmans Wholesale Co)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No remedy shall be deemed to be a limitation on the amount or measure of damages resulting from any breach of this Agreement. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Merger Agreement (Axsys Technologies Inc)

Remedies Not Exclusive. No Except as provided otherwise in SECTION 14.5, no remedy conferred by any of the specific provisions of this Agreement or any document contemplated by this Agreement is intended to be exclusive of any other remedyremedy so conferred, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies hereunder by any party hereto shall not constitute a waiver of the right to pursue other remediesavailable remedies hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Vision Twenty One Inc)

Remedies Not Exclusive. No Except as expressly provided herein, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing subsequently existing, at law or in equity equity, by statute or otherwise. The election of any one or more remedies shall by Buyer or the Majority Shareholder will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Stock Purchase Agreement (Streamline Health Solutions Inc.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by LIVING or WOMAN shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Share Exchange Agreement (Balanced Living Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by AVENTURA, HORVATH or OHIO FUNDING shall not constitute xxx xxxstitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aventura Holdings Inc.)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by DOLPHIN or INNOCOM shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Dolphin Productions Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Tel-Fed or ProSoft shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Prosoft Development Inc)

Remedies Not Exclusive. No Except as set forth in Section 12.5, no remedy conferred by any of the specific provisions of this Agreement or the Transaction Documents is intended to be exclusive of any other remedy, and each and every . Each such remedy shall be cumulative cumulative, and shall be in addition to every other such remedy given hereunder or now or hereafter any other remedy existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesequity.

Appears in 1 contract

Samples: Asset Contribution and Exchange Agreement (Novamed Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, including, without limitation, the remedy of specific performance. The election of any one or more remedies by Hyperion or AI shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hyperion Energy, Inc.)

Remedies Not Exclusive. No Subject to the provisions of Section 9.02 (e), no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now not or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Merger Agreement (Shaw Group Inc)

Remedies Not Exclusive. No Except as expressly provided herein, including under Section 6.14, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing subsequently existing, at law or in equity equity, by statute or otherwise. The election of any one or more remedies shall by Buyer or Shareholders will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Stock Purchase Agreement (Orion Healthcorp Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, ; and each and every remedy shall be is cumulative and shall be in addition to every other remedy given hereunder or now under this Agreement or hereafter existing at law or law, in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remediesstatute.

Appears in 1 contract

Samples: Construction and Financing Agreement

Remedies Not Exclusive. No remedy conferred xxxxxx xxxxexxxx by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing subsequently existing, at law or in equity equity, by statute or otherwise. The election of any one or more remedies shall by Buyer or Seller will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Stock Purchase Agreement (Brightpoint Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Campus or Rescon shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Reorganization Agreement (Rescon Technology Corp)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Gateway or American shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Share Exchange Agreement (Gateway International Holdings Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement or the Transaction Documents is intended to be exclusive of any other remedy, and each and every . Each such remedy shall be cumulative cumulative, and shall be in addition to every other such remedy given hereunder or now or hereafter any other remedy existing at law or in equity by statute or otherwiseequity. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies13.5.

Appears in 1 contract

Samples: Asset Contribution and Exchange Agreement

Remedies Not Exclusive. No Except as otherwise provided in Section 7.11, no remedy conferred by any of the specific provisions of this Agreement is intended to be be, nor shall it be, exclusive of any other remedyremedy available at law, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 1 contract

Samples: Stock Purchase Agreement (Commonwealth Industries Inc/De/)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Potomac or Xxxxxxx shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Reorganization Agreement (Potomac Energy Corp)

Remedies Not Exclusive. No Except as otherwise set forth in this Agreement, no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given provided for hereunder or now or hereafter existing from time to time at law or in equity or by statute or otherwise. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Asset Purchase Agreement (J P Morgan Partners Sbic LLC)

Remedies Not Exclusive. No Except as provided in Section 13.3.5 and Section 14, (a) no remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and (b) each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law law, in equity, or in equity by statute or otherwise. The otherwise and (c) the election of any one or more remedies by either party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Merger Agreement (Newpark Resources Inc)

Remedies Not Exclusive. NO TERMINATION. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Educational Products Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by Sunderland or LLB shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Reorganization Agreement (Sunderland Corp)

Remedies Not Exclusive. 21.1 No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, except as expressly provided in this Agreement, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at in law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other remedies.

Appears in 1 contract

Samples: Share Purchase Agreement (Tracer Petroleum Corporation)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement or any other Transaction Document is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by any Party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Asset Purchase Agreement (Varitek Industries Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions provision of this Agreement is intended to be exclusive of any other remedy, remedy and each and every remedy shall will be cumulative and shall will be in addition to every other remedy given hereunder or now or hereafter existing at law Law or in equity or by statute or otherwise. The election of any one or more remedies shall will not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Asset Purchase Agreement (Euronet Worldwide Inc)

Remedies Not Exclusive. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by the Company or Target, Xx. Xxxxxxxxx and NEW-CO shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Share Exchange Agreement (Geo Point Technologies Inc)

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