Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy of the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach or violation of any other provision and (c) shall be in writing and may not be presumed or inferred from any Party's conduct. No remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Shaw Group Inc), Asset Purchase Agreement (Shaw Group Inc)
Waiver of Breach, Right or Remedy. The waiver by any Party party of any breach or violation by another Party party of any provision of this Agreement or of any right or remedy of the waiving Party party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach or violation of any other provision provision, and (c) shall be in writing and may not be presumed or inferred from any Partyparty's conduct. No Except as expressly provided otherwise in this Agreement no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party party shall not constitute a waiver of the right of such waiving Party party to pursue other available remedies. In addition to any other rights and remedies any Party party may have at law or in equity for breach of this Agreement, each Party party shall be entitled to seek an injunction to enforce the provisions of this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Stone & Webster Inc), Asset Purchase Agreement (Shaw Group Inc)
Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy of permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, provision (b) shall not waive or be construed to waive a breach or violation of any other provision provision, and (c) shall be in writing and may not be presumed or inferred from any Party's ’s conduct. No Except as expressly provided otherwise in this Agreement and except for the obligation of the Parties to first utilize the ADR procedure in Article 15, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Vanguard Health Systems Inc)
Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy of permitted the waiving Party in this Agreement (ai) shall not waive or be construed to waive any subsequent breach or violation of the same provision, provision (bii) shall not waive or be construed to waive a breach or violation of any other provision provision, and (ciii) shall be in writing and may not be presumed or inferred from any Party's conduct. No Except as expressly provided otherwise in this Agreement and except for the obligation of the Parties to first utilize the ADR procedure in Article 10, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.
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Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy of permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach or violation of any other provision provision, and (c) shall be in writing and may not be presumed or inferred from any Party's ’s conduct. No Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction or other equitable relief to enforce the provisions of this AgreementAgreement without the posting of any bond.
Appears in 1 contract
Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy of permitted the waiving Party in this Agreement (ai) shall not waive or be construed to waive any subsequent breach or violation of the same provision, provision (bii) shall not waive or be construed to waive a breach or violation of any other provision provision, and (ciii) shall be in writing and may not be presumed or inferred from any Party's conduct. No Except as expressly provided otherwise in this Agreement and except for the obligation of the Parties to first utilize the ADR procedure in Article 16, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Vanguard Health Systems Inc)
Waiver of Breach, Right or Remedy. The waiver by any Party party of (a) any breach or violation by another Party the other party of any provision of this Agreement Agreement, (b) any condition to the obligations of such party to consummate the transactions contemplated by this Agreement, or of (c) any other right or remedy of permitted the waiving Party party in this Agreement Agreement, (ai) shall not waive or be construed to waive any prior or subsequent breach or violation of the same provisionprovision or any subsequent exercise of the same right or remedy, (bii) shall not waive or be construed to waive a breach or violation of any other provision provision, any other closing condition or any other right or remedy, and (ciii) shall to be effective, must be in writing and signed by the party entitled to the benefit of the provision, condition, right or remedy to be waived, and may not be presumed or inferred from any Party's party’s conduct. No remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more available remedies by a Party party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement
Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy of permitted the waiving Party in this Agreement (ai) shall not waive or be construed to waive any subsequent breach or violation of the same provision, provision (bii) shall not waive or be construed to waive a breach or violation of any other provision provision, and (ciii) shall be in writing and may not be presumed or inferred from any Party's ’s conduct. No Except as expressly provided otherwise in this Agreement and except for the obligation of the Parties to first utilize the ADR procedure in Article 16, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Vanguard Health Systems Inc)