Common use of Rights Cumulative; Waivers Clause in Contracts

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 461 contracts

Samples: Registration Rights Agreement (Wikisoft Corp.), Registration Rights Agreement (Quanta Inc), Registration Rights Agreement (Quanta Inc)

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Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied amended other than by an express waiver or variation amendment in writing. Any failure to exercise (or any delay in exercising exercising) any of such rights shall not operate as a waiver or variation amendment of that or any other such right. Any defective or partial exercise of any of such rights right shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way stop or preclude such party from exercising any such right or constitute a suspension or any variation waiver of any such right.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr16), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006 - HQ9), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Hq8)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied amended other than by an express waiver or variation amendment in writing. Any failure to exercise (or any delay in exercising exercising) any of such rights shall not operate as a waiver or variation amendment of that or any other such right. Any defective or partial exercise of any of such rights right shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way estop or preclude such party from exercising any such right or constitute a suspension or any variation waiver of any such right.

Appears in 15 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq6), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006-Hq10), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Top20)

Rights Cumulative; Waivers. The rights of each of the parties Parties under this Agreement are cumulative. The rights of each of the parties Parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 13 contracts

Samples: Consulting Services Agreement (Eco2 Plastics Inc), Consulting Services Agreement (Eco2 Plastics Inc), Consulting Services Agreement (Sars Corp.)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate under the terms and conditions specifically set forth. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 8 contracts

Samples: Account Purchase Agreement (Performance Capital Management LLC), Purchase and Sale Agreement (Performance Capital Management LLC), Purchase and Sale Contract (Idt Corp)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights right of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 7 contracts

Samples: Mortgage Loan Purchase and Sale Agreement, Mortgage Loan Purchase and Sale Agreement (FS Credit Real Estate Income Trust, Inc.), Mortgage Loan Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each any of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writingwriting executed by all of the parties hereto. Any failure Failure to exercise or any delay in exercising any of such rights also shall not operate as a waiver or variation of that or any other such right. Any defective Defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Boston Properties Inc), Agreement (Boston Properties Inc), Agreement (Boston Properties Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement Warrant are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 4 contracts

Samples: Form of Common Stock Purchase Agreement (World Shopping Network Inc/Nv), Form of Common Stock Purchase Agreement (3si Holdings Inc), Investment Agreement (Invisa Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.. (c)

Appears in 4 contracts

Samples: Equity Purchase Agreement, Registration Rights Agreement (Emerald Medical Applications Corp.), Consulting Services Agreement (Insynq Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Servicing Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 4 contracts

Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement Option are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. However, the Grantee may waive a default and its consequences. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 4 contracts

Samples: Stock Option Agreement (Skye International, Inc), For Consulting Services (Skye International, Inc), For Consulting Services (Skye International, Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights right of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Healing Co Inc.), Loan Purchase and Sale Agreement, Loan Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation that is in writingwriting and signed by the parties. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 3 contracts

Samples: Management Agreement (Unwired Telecom Corp), Contribution Agreement (Unwired Telecom Corp), Distribution Agreement (Unwired Telecom Corp)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement Amendment are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: Registation Rights Amendment (Spatialight Inc), Registation Rights Amendment (Spatialight Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Pacificamerica Money Center Inc), Service Provider Agreement (New Century Financial Corp)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure Failure to exercise or any delay in exercising any of such rights also shall not operate as a waiver or variation of that or any other such right. Any defective Defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Essex Corporation), Escrow Agreement (Softlink Inc)

Rights Cumulative; Waivers. The rights of each of the parties under Parties to this Agreement are cumulative. The rights of each of the parties Parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party Party shall in any way preclude such party Party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: Consulting Services Agreement (Biophan Technologies Inc), Consulting Services Agreement (Biophan Technologies Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights right of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights right shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 2 contracts

Samples: Loan Sale Agreement (CS Financing CORP), Loan Sale Agreement (Digital Creative Development Corp)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied amended other than by an express waiver or variation amendment in writing. Any failure to exercise (or any delay in exercising exercising) any of such rights shall not operate as a waiver or variation amendment of that or any other such right. Any defective or partial exercise of any of such rights right shall not preclude any other or further exercise of that or any other such right. right No act or course of conduct or negotiation on the part of any party shall in any way estop or preclude such party from exercising any such right or constitute a suspension or any variation waiver of any such right.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital 1 Inc Series 2000-Prin), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Depositor for Ser 1999-Life1)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an any express waiver or variation in writing. Any failure Failure to exercise or any delay in exercising any of such rights also shall not operate as a waiver or variation of that or any other such right. Any defective Defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (First Aviation Services Inc)

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Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such righttight. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Registration Rights Agreement (Markland Technologies Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate under the terms and conditions specifically set forth. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any other party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Eddie Bauer Holdings, Inc.)

Rights Cumulative; Waivers. The rights of each of the parties under -------------------------- this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation that is in writingwriting and signed by the parties. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (United Panam Financial Corp)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Loan Purchase Agreement (National Tax Credit Investors Ii)

Rights Cumulative; Waivers. The rights of each of the parties under --------------------------- this Agreement are cumulativecumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Flow Purchase Agreement (New Century Financial Corp)

Rights Cumulative; Waivers. The rights of each of the parties Parties under this Agreement are cumulative. The rights of each of of-the parties Parties hereunder shall not be capable of being waived or varied other than OTHER THAN by an express waiver or variation in writing. Any failure to exercise or any delay in IN exercising any of such rights RIGHTS shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Consulting Services Agreement (Power Technology Inc/Cn)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied modified other than by an express written waiver or variation in writingmodification. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation modification of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a waiver, suspension or any variation modification of any such right.

Appears in 1 contract

Samples: Loan Sale Agreement (Logistical Support, Inc)

Rights Cumulative; Waivers. The rights of each of the parties -------------------------- under this Agreement are cumulativecumulative and may be exercised as often as such party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Loan Sale Agreement (New South Capital Trust I)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or of any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Consulting Services Agreement (New Millennium Media International Inc)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative, may be exercised as often as any party considers appropriate and are in addition to each of such party's rights under any other documents executed between the parties or, except as otherwise modified herein, under law. The rights of each of the parties hereunder shall not be capable of being waived or varied other otherwise than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any variation of any such right.

Appears in 1 contract

Samples: Real Estate Owned Purchase and Sale Agreement

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of of’ any party shall in any way preclude such party from exercising any such right or constitute a suspension or any an variation of any such right.

Appears in 1 contract

Samples: Consulting and Investment Banking Services Agreement (Gabriel Technologies Corp)

Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative. The rights of each of the parties hereunder shall not be capable of being waived or varied other than by an express waiver or variation in writing. Any failure to exercise or any delay in exercising any of such rights shall not operate as a waiver or variation of that or any other such right. Any defective or partial exercise of any of such rights shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way preclude such party from exercising any such right or constitute a suspension or any an variation of any such right.

Appears in 1 contract

Samples: Consulting and Investment Banking Services Agreement (New Harvest Capital Corp)

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