Common use of Waiver and Remedies Clause in Contracts

Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party that is entitled to the benefit thereof. Such waiver must be set forth in a written instrument duly executed by such Party. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 2 contracts

Samples: Transition Services Agreement (MRS Fields Famous Brands LLC), Transition Services Agreement (MRS Fields Famous Brands LLC)

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Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, Agreement or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder3.12.

Appears in 2 contracts

Samples: Employment Agreement (Group Technologies Corp), Employment Agreement (Group Technologies Corp)

Waiver and Remedies. Any term or condition of this Agreement may be ------------------- waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 2 contracts

Samples: Employment Agreement (Highlands Insurance Group Inc), Employment Agreement (Highlands Insurance Group Inc)

Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party party that is entitled to the benefit thereof. Such waiver must be set forth in a written instrument duly writing and must be executed by a duly authorized executive officer of such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 1 contract

Samples: Stock Acquisition Agreement (Zenith National Insurance Corp)

Waiver and Remedies. Any term or condition of this Agreement may be ------------------- waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, Agreement or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 1 contract

Samples: Employment Agreement (Sypris Solutions Inc)

Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Genicom Corp)

Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party party who or that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 1 contract

Samples: Employment Agreement (Highlands Insurance Group Inc)

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Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, Agreement or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder2.12.

Appears in 1 contract

Samples: Special Bonus Agreement (Group Technologies Corp)

Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, Agreement or by law Law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 1 contract

Samples: Subscription and Asset Contribution Agreement (Healthplan Services Corp)

Waiver and Remedies. Any term or condition of this Agreement may be waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must will be set forth in a written instrument duly writing and will be executed by such Partyparty. A waiver on one occasion will not be deemed to be a waiver of the same or any other breach term or condition on a future occasion. All remedies, either under this Agreement, Agreement or by law Law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 1 contract

Samples: Acquisition Agreement (Healthplan Services Corp)

Waiver and Remedies. Any term or condition of this ------------------- Agreement may be waived at any time by the Party party that is entitled to the benefit thereof. Such Any such waiver must shall be set forth in a written instrument duly writing and shall be executed by such Partyparty. A waiver on one occasion will shall not be deemed to be a waiver of the same or any other breach on a future occasion. All remedies, either under this Agreement, or by law or otherwise afforded, will be cumulative and not alternative. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or of any other right hereunder.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sterling Software Inc)

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