Settlement is waiver. Settlement constitutes a full waiver of any right, action or claim whatsoever that a Party may have due to any matter referred to in clauses 3, 4, 5 or 6.
Settlement is waiver Sample Clauses
Related to Settlement is waiver
If Settlement Agreement is Terminated (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason:
F5 Waiver F5.1 The failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by the Contract.
STIPULATION AND AGREEMENT OF SETTLEMENT This Stipulation and Agreement of Settlement, dated as of July 6, 2018 (the “Stipulation”) is entered into between (a) Lead Plaintiff Xxxxxxxxxxx Xxxxxxx (“Lead Plaintiff”) and Plaintiff Xxxxxxx Xxxxx (collectively, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Endurance International Group Holdings, Inc. (“Endurance” or the “Company”), and defendants Xxxx Xxxxxxxxxxxx and Xxxxxxx Xxxxxxxx (collectively, the “Individual Defendants” and, together with Endurance, the “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants. 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein.
Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.
Xx Waiver Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article 11 shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 11 at law, in equity, by statute or otherwise.
EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.
Amendment; Waiver No provision of this Agreement may be amended or waived except by an instrument in writing signed by the parties hereto.
Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2
Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and
F2 Waiver F2.1 The failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by the Contract.
