Common use of Waiver and Remedies Clause in Contracts

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Creek Road Miners, Inc.), Securities Purchase Agreement (Tingo Group, Inc.), Merger Agreement (Creek Road Miners, Inc.)

AutoNDA by SimpleDocs

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. . (i) Any such extension or waiver by any a party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any a party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Section 8.6, any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 5 contracts

Samples: Asset Sale and Purchase Agreement, Asset Sale and Purchase Agreement (Tactile Systems Technology Inc), Asset Purchase Agreement (Exopack Holding Corp)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any Except as contemplated by Section 5.6: (i) any such extension or waiver by any a party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any a party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Sections 5.6 and 8.6, any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 5 contracts

Samples: Share and Asset Purchase Agreement (Chemtura CORP), Share and Asset Purchase Agreement, Share and Asset Purchase Agreement (Chemtura CORP)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No , no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No , no failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law Law or in equity.

Appears in 4 contracts

Samples: Stockholders’ Agreement (F45 Training Holdings Inc.), Stockholders' Agreement (F45 Training Holdings Inc.), Stockholders’ Agreement (F45 Training Holdings Inc.)

Waiver and Remedies. The parties may Parties may: (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreement, Party; (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement Party contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement Agreement; or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party Party contained in this Agreement. Any such extension or waiver by any party to this Agreement will Party shall be valid only if set forth in a written document signed on behalf of the party or parties other Parties against whom the waiver or extension is to be effective. No extension or waiver will shall apply to at any time for performance, inaccuracy in any representation or warranty, or noncompliance non-compliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 3 contracts

Samples: Business Transfer Agreement (Hospira Inc), Business Transfer Agreement (Hospira Inc), Business Transfer Agreement (Akorn Inc)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any . (i) any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Section 8.8, any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 2 contracts

Samples: Share Purchase Agreement (Ariad Pharmaceuticals Inc), Share Purchase Agreement (Ariad Pharmaceuticals Inc)

Waiver and Remedies. The parties Executive and Rxxx’x may (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreementparty, (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any a party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 2 contracts

Samples: Executive Employment Agreement (Reed's, Inc.), Executive Employment Agreement (Reed's, Inc.)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any a party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any a party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 2 contracts

Samples: Foreclosure Sale Agreement, Foreclosure Sale Agreement (Isc8 Inc. /De)

Waiver and Remedies. The parties A Party may (a) extend the time for performance of any of the obligations or other acts of any the other party Party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any the other party Party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party Party contained in this Agreement. Any ; provided that (i) any such extension or waiver by any party either Party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties Party against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any party either Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as otherwise provided in this Agreement, any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law or in equity.

Appears in 2 contracts

Samples: Reverse Transitional Services Agreement (TechTarget, Inc.), Transitional Services Agreement (TechTarget, Inc.)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity. After the Effective Time, any such extension or waiver signed by the Stockholder Representative is binding upon and effective against each Stockholder regardless of whether or not such Stockholder has in fact signed the extension or waiver.

Appears in 1 contract

Samples: Merger Agreement (Himax Technologies, Inc.)

Waiver and Remedies. The parties Either Party may (a) extend the time for performance of any of the obligations or other acts of any the other party to this AgreementParty, (b) waive any breaches or inaccuracies in the representations and warranties of any the other party to this Agreement Party contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any Party, subject to the following: (i) any such extension or waiver by any party to this Agreement a Party will be valid only if set forth in a written document signed on behalf of the party or parties Party against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, breach, or inaccuracy in any representation or warranty, or noncompliance with or non-fulfillment of any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any party a Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Section 8.6, any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Weatherford International PLC)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any Except as contemplated by Section 5.4: (i) any such extension or waiver by any a party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to at any time for to the performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is expressly specified in the written extension or waiver. No ; and (iii) no failure or delay by any a party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Section 5.4 and Section 8.6, any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.. Section 10.11

Appears in 1 contract

Samples: Share and Asset Purchase Agreement

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s 's rights and remedies in this Agreement is not intended to be exclusive, and a party’s 's rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Linkwell CORP)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any Except as contemplated by Section 5.4: (i) any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Section 5.4 any enumeration of a party’s 's rights and remedies in this Agreement is not intended to be exclusive, and a party’s 's rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bel Fuse Inc /Nj)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. Any such extension or waiver signed by the Sellers’ Representative is binding upon and effective against the Sellers and the Members regardless of whether or not the Sellers or the Members have in fact signed the extension or waiver. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cash America International Inc)

Waiver and Remedies. The parties A party may (a) extend the time for performance of any of the obligations or other acts of any the other party parties to this Agreement, (b) waive any inaccuracies in the representations and warranties of any the other party parties to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any ; provided, however, that (i) any such extension or waiver by any a party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any a party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as otherwise provided in this Agreement, any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Transition Services Agreement (Greenbacker Renewable Energy Co LLC)

Waiver and Remedies. The parties Parties may (a) extend the time for performance of any of the obligations or other acts of any other party Party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party Party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party Parties contained in this Agreement. Any such extension or waiver by any party Party to this Agreement will be valid only if set forth in a written document signed on behalf of the party Party or parties Parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cash America International Inc)

Waiver and Remedies. The parties may (ai) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (bii) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement Agreement, or (ciii) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as otherwise expressly set out in this Agreement, any enumeration of a party’s 's rights and remedies in this Agreement is not intended to be exclusive, and a party’s 's rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Share Purchase Agreement (EnerSys)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any Except as contemplated by Section 5.4: (i) any such extension or waiver by any a party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to at any time for to the performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is expressly specified in the written extension or waiver. No ; and (iii) no failure or delay by any a party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Section 5.4 and Section 8.6, any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Share and Asset Purchase Agreement (Brady Corp)

AutoNDA by SimpleDocs

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nova Biosource Fuels, Inc.)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. Any such extension or waiver signed by the Sellers’ Representative is binding upon and effective against the Sellers regardless of whether or not the Sellers have in fact signed the extension or waiver. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ezcorp Inc)

Waiver and Remedies. The parties Either Party may (a) extend the time for performance of any of the obligations or other acts of any the other party to this AgreementParty, (b) waive any breaches or inaccuracies in the representations and warranties of any the other party to this Agreement Party contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party contained in this Agreement. Any Party, subject to the following: (i) any such extension or waiver by any party to this Agreement a Party will be valid only if set forth in a written document signed on behalf of the party or parties Party against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, breach, or inaccuracy in any representation or warranty, or noncompliance with or non-fulfillment of any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any party a Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Section 8.6, any enumeration of a partyParty’s rights and remedies in this 434397/HOUDMS Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Weatherford International PLC)

Waiver and Remedies. The parties Each Party may (a) extend the time for performance of any of the obligations or other acts of any the other party to this AgreementParty, (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement Party contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party Party contained in this Agreement. Any Except as contemplated by Section 5.4 (i) any such extension or waiver by any party to this Agreement a Party will be valid only if set forth in a written document signed on behalf of the party or parties Party against whom the extension or waiver or extension is to be effective. No , (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, warranty or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No waiver and (iii) no failure or delay by any party a Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as provided in Sections 5.4 and 8.6, any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Allied Motion Technologies Inc)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single CHIDMS1/2982920.1 [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equityby any Law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Solarcity Corp)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course ​ ​ ​ of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law Law or in equity.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Ritchie Bros Auctioneers Inc)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement Agreement, or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Computer Task Group Inc)

Waiver and Remedies. The parties Purchaser, on the one hand, and Seller, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of any the other party to this AgreementParty, (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement Party that are contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement Agreement, or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party Party contained in this Agreement. Any such extension or waiver by any party to this Agreement either Party will be valid only if set forth in a written document signed on behalf of the party or parties Party against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in at law or in equity.

Appears in 1 contract

Samples: Asset and Stock Purchase and Sale Agreement (Kraton Corp)

Waiver and Remedies. The parties may Parties may: (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreement, Party; (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement Party contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement Agreement; or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party Party contained in this Agreement. Any such extension or waiver by any party to this Agreement will Party shall be valid only if set forth in a written document signed on behalf of the party or parties other Parties against whom the waiver or extension is to be effective. No extension or waiver will shall apply to at any time for performance, inaccuracy in any representation or warranty, or noncompliance non-compliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law applicable Law and include any rights and remedies authorized in law Law or in equity.

Appears in 1 contract

Samples: Business Transfer Agreement (Abbott Laboratories)

Waiver and Remedies. The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement Agreement, or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as otherwise expressly set out in this Agreement, any enumeration of a party’s 's rights and remedies in this Agreement is not intended to be exclusive, and a party’s 's rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Share Purchase Agreement (EnerSys)

Waiver and Remedies. The parties A Party may (a) extend the time for performance of any of the obligations or other acts of any the other party Party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any the other party Party to this Agreement contained in this Agreement or in any certificateAgreement, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements covenants or conditions for the benefit of such party Party contained in this Agreement. Any ; provided that (i) any such extension or waiver by any party either Party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties Party against whom the extension or waiver or extension is to be effective. No ; (ii) no extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement covenant or condition, as the case may be, other than that which is specified in the written extension or waiver. No ; and (iii) no failure or delay by any party either Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any Except as otherwise provided in this Agreement, any enumeration of a partyParty’s rights and remedies in this Agreement is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law Law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Commercial Cooperation Agreement (TechTarget, Inc.)

Waiver and Remedies. The parties may Parties may: (a) extend the time for performance of any of the obligations or other acts of any the other party to this Agreement, Party; (b) waive any inaccuracies in the representations and warranties of any the other party to this Agreement Party contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement Agreement; or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party Party contained in this Agreement. Any such extension or waiver by any party to this Agreement will Party shall be valid only if set forth in a written document signed on behalf of the party or parties other Parties against whom the waiver or extension is to be effective. No extension or waiver will shall apply to at any time for performance, inaccuracy in any representation or warranty, or noncompliance non-compliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party Party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the partiesParties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a partyParty’s rights and remedies in this Agreement [***] Indicates that text has been omitted which is the subject of a confidential treatment request. This text has been separately filed with the SEC. is not intended to be exclusive, and a partyParty’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

Appears in 1 contract

Samples: Business Transfer Agreement (Hospira Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!