Waiver and Consent. No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent time or times hereunder.
Appears in 9 contracts
Samples: Shareholders Agreement (Symetra Financial CORP), Shareholders Agreement (Symetra Financial CORP), Shareholders Agreement (Symetra Financial CORP)
Waiver and Consent. No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any party hereto or a breach of any representations, warranties, covenants or agreements contained herein. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.
Appears in 6 contracts
Samples: Share Purchase Agreement (Dumaresq Joel), Series a Cumulative Convertible Preferred Stock Purchase Agreement (Lifequest Medical Inc), Purchase Agreement (Dexterity Surgical Inc)
Waiver and Consent. No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any either party, shall be deemed to constitute a waiver by the party taking such action of compliance with the other party hereto or a breach of any representations, warranties, covenants or agreements contained herein. The waiver by any either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any either party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.
Appears in 2 contracts
Samples: Series B Cumulative Convertible Preferred Stock Purchase Agreement (Dexterity Surgical Inc), Series C Cumulative Convertible Preferred Stock Purchase Agreement (Dexterity Surgical Inc)
Waiver and Consent. No action taken pursuant to this Amended and Restated Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein. The waiver by any party hereto of a breach of any provision of this Amended and Restated Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent time or times hereunder.
Appears in 1 contract
Samples: Shareholder Agreements (PMI Mortgage Insurance Co.)
Waiver and Consent. No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any party hereto of a breach of any representations, warranties, covenants or agreements contained herein. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.
Appears in 1 contract
Waiver and Consent. No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.
Appears in 1 contract
Samples: Shareholders Agreement (Montpelier Re Holdings LTD)
Waiver and Consent. No action taken pursuant to this Amended and Restated Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein. The waiver by any party hereto of a breach of any provision of this Amended and Restated Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s 's rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.
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Waiver and Consent. No action ------------------ taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained herein. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by any party to exercise any right or privilege hereunder shall be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s 's rights to exercise the same at any subsequent time or times hereunder.
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