Common use of Waiver and Non-Exclusion of Remedies Clause in Contracts

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.

Appears in 13 contracts

Samples: License Agreement (HUTCHMED (China) LTD), Collaboration and License Agreement (Virpax Pharmaceuticals, Inc.), License and Collaboration Agreement (Hutchison China MediTech LTD)

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Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall will not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein in this Agreement are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth hereinin this Agreement.

Appears in 9 contracts

Samples: Collaboration Agreement (Ironwood Pharmaceuticals Inc), License Agreement (Ironwood Pharmaceuticals Inc), Materials Transfer Agreement

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The All rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth hereinavailable.

Appears in 8 contracts

Samples: License and Commercialisation Agreement (Biotie Therapies Corp.), Product Commercialisation and Supply Agreement (Gw Pharmaceuticals PLC), Product Commercialisation and Supply Agreement (Gw Pharmaceuticals PLC)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall will not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.

Appears in 4 contracts

Samples: Joint Venture Agreement (Hutchison China MediTech LTD), Joint Venture Agreement (Hutchison China MediTech LTD), Joint Venture Agreement (Hutchison China MediTech LTD)

Waiver and Non-Exclusion of Remedies. A Party’s 's failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remediesremedies in the future. To be effective effective, any waiver must be in writing. The All rights and remedies provided herein arising hereunder are cumulative and do not exclude any other right or remedy provided by law Law or otherwise available except as expressly set forth hereinavailable.

Appears in 3 contracts

Samples: Distribution Agreement (Prometheus Laboratories Inc), Distribution Agreement (Prometheus Laboratories Inc), Distribution Agreement (Prometheus Laboratories Inc)

Waiver and Non-Exclusion of Remedies. A Partyparty’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.

Appears in 3 contracts

Samples: Supply and Distribution Agreement, Supply and Distribution Agreement (Salix Pharmaceuticals LTD), Supply and Distribution Agreement (Salix Pharmaceuticals LTD)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.

Appears in 3 contracts

Samples: Collaboration Agreement (Forest Laboratories Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc), Collaboration Agreement (Ironwood Pharmaceuticals Inc)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall remedy, does not constitute a waiver of that such provision, right or remedy remedy, or prevent such Party thereafter from enforcing any or all provisions of this Agreement and exercising any or all other rights or and remedies. To be effective any waiver must be in writing. The Except as expressly set forth herein, the rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth hereinApplicable Law.

Appears in 3 contracts

Samples: Exclusive License and Supply Agreement (Correvio Pharma Corp.), Exclusive License and Supply Agreement (SteadyMed Ltd.), Exclusive License and Supply Agreement (Cardiome Pharma Corp)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The All rights and remedies provided herein are cumulative and subject to Article 22 do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth hereinavailable.

Appears in 3 contracts

Samples: Out Licence Agreement, Out Licence Agreement (Flexion Therapeutics Inc), Out Licence Agreement (Flexion Therapeutics Inc)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall will not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Laws or otherwise available except as expressly set forth herein.

Appears in 3 contracts

Samples: Joint Venture Agreement (Hutchison China MediTech LTD), Joint Venture Agreement (Hutchison China MediTech LTD), Joint Venture Agreement (Hutchison China MediTech LTD)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and, except as expressly provided in Article 14 and elsewhere in this Agreement, do not exclude any other right or remedy provided by law or otherwise available available, except as expressly set forth herein.

Appears in 2 contracts

Samples: Distribution, License, Development and Supply Agreement (Impax Laboratories Inc), Distribution, License, Development and Supply Agreement (Impax Laboratories Inc)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, Agreement or to exercise any right or remedy shall remedy, does not constitute a waiver of that such provision, right or remedy or prevent such Party thereafter from enforcing any or all provisions of this Agreement and exercising any or all other rights or and remedies. To be effective effective, any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Law or otherwise available except as expressly set forth herein.

Appears in 2 contracts

Samples: Co Promotion Agreement (Kadmon Holdings, LLC), Co Promotion Agreement (Kadmon Holdings, LLC)

Waiver and Non-Exclusion of Remedies. A Party’s Any failure of a Party to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available available, except as expressly set forth herein.

Appears in 2 contracts

Samples: Research Collaboration and License Agreement (Adaptimmune Therapeutics PLC), Research Collaboration and License Agreement (Adaptimmune Therapeutics PLC)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The All rights and remedies provided herein are cumulative and subject to Article 23 do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth hereinavailable.

Appears in 2 contracts

Samples: Out Licence Agreement (Flexion Therapeutics Inc), Out Licence Agreement (Flexion Therapeutics Inc)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall remedy, does not constitute a waiver of that such provision, right or remedy remedy, or prevent such Party thereafter from enforcing any or all provisions of this Agreement and exercising any or all other rights or and remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Law or otherwise available except as expressly set forth herein.

Appears in 2 contracts

Samples: Cooperative Marketing Agreement, Cooperative Marketing Agreement (TearLab Corp)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available available, except as expressly set forth herein.

Appears in 2 contracts

Samples: Asset Transfer Agreement (Rallybio Corp), Research and Development Agreement

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and and, except as expressly provided in this Agreement, do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth hereinavailable.

Appears in 2 contracts

Samples: Research Collaboration and License Agreement (Palatin Technologies Inc), Clinical Trial Sponsored Research Agreement (Palatin Technologies Inc)

Waiver and Non-Exclusion of Remedies. 25.1 A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The All rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Law or otherwise available except as expressly set forth hereinavailable.

Appears in 2 contracts

Samples: License Agreement (Ovid Therapeutics Inc.), License Agreement (Ovid Therapeutics Inc.)

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Waiver and Non-Exclusion of Remedies. A Party’s 's failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.

Appears in 1 contract

Samples: Transition Services Agreement (Atherogenics Inc)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall will not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein in this Agreement are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.in this Agreement. Section 14.5

Appears in 1 contract

Samples: Materials Transfer Agreement

Waiver and Non-Exclusion of Remedies. A Party’s 's failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall remedy, does not constitute a waiver of that such provision, right or remedy remedy, or prevent such Party thereafter from enforcing any or all provisions of this Agreement and exercising any or all other rights or and remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Law or otherwise available except as expressly set forth herein.

Appears in 1 contract

Samples: Global Collaboration Agreement (Medicines Co /De)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. 65 The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Laws or otherwise available except as expressly set forth herein.

Appears in 1 contract

Samples: Development and Licensing Agreement

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remediesremedies in the future. To be effective effective, any waiver must be in writing. The All rights and remedies provided herein arising hereunder are cumulative and do not exclude any other right or remedy provided by law Law or otherwise available except as expressly set forth hereinavailable.

Appears in 1 contract

Samples: Distribution Agreement (Teligent, Inc.)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from form enforcing any or all provisions of this Agreement and exercising any such rights or remedies. To be effective any Any waiver must be in writingwriting to be effective. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.applicable laws;

Appears in 1 contract

Samples: Memorandum of Agreement

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and, except as expressly provided in Article 18 and elsewhere in this Agreement, do not exclude any other right or remedy provided by law or otherwise available available, except as expressly set forth herein.

Appears in 1 contract

Samples: License Agreement (Nektar Therapeutics)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and, except as expressly provided in Article 19 and elsewhere in this Agreement, do not exclude any other right or remedy provided by law or otherwise available available, except as expressly set forth herein.

Appears in 1 contract

Samples: License Agreement (MAP Pharmaceuticals, Inc.)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Laws or otherwise available except as expressly set forth herein.

Appears in 1 contract

Samples: Collaboration and License Agreement (Egalet Corp)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, Termination Agreement or to exercise any right or remedy shall remedy, does not constitute a waiver of that such provision, right or remedy or prevent such Party thereafter from enforcing any or all provisions of this Termination Agreement and exercising any or all other rights or and remedies. To be effective effective, any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law Applicable Law or otherwise available except as expressly set forth herein.

Appears in 1 contract

Samples: Termination Agreement (RedHill Biopharma Ltd.)

Waiver and Non-Exclusion of Remedies. A Party’s failure to enforce, at any time or for any period of time, any provision of this Agreement, or to exercise any right or remedy shall not constitute a waiver of that provision, right or remedy or prevent such Party from enforcing any or all provisions of this Agreement and exercising any rights or remedies. To be effective any waiver must be in writing. The rights and remedies provided herein are cumulative and do not exclude any other right or remedy provided by law or otherwise available except as expressly set forth herein.from

Appears in 1 contract

Samples: License Agreement (Innate Pharma SA)

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