Common use of Waiver, Release and Remedies Clause in Contracts

Waiver, Release and Remedies. 11.1 A waiver by the Buyers or either of them of any breach by any party hereto of any of the terms provisions or conditions of this Deed or the acquiescence of the Buyers or either of them in any act (whether commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or an acquiescence to any subsequent act contrary thereto. 11.2 Any remedy or right conferred upon the Buyers or either of them for the breach of this Deed shall be in addition to and without prejudice to all other rights and remedies available to it whether pursuant to the Agreement or provided for by law. 11.3 No failure or delay by the Buyers or either of them in exercising any claim, remedy, right, power or privilege under this Deed shall operate as a waiver nor shall a single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereor or exercise of any other claim, right, power or privilege. 11.4 Any liability of any party hereto to the Buyers or either of them under the provisions of this Deed may in whole or in part be released, varied, postponed, compounded or compromised by the Buyers or either of them in its absolute discretion as regards such party without in any way prejudicing or affecting its or their rights against any other party hereto under the same or a like liability whether joint and several or otherwise. Should any provision of this Deed transpire not to be enforceable against any of the parties hereto, such non-enforceability shall not render such provision unenforceable against any other party hereto.

Appears in 2 contracts

Samples: Share Purchase Agreement (Transmedia Asia Pacific Inc), Share Purchase Agreement (Transmedia Europe Inc)

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Waiver, Release and Remedies. 11.1 8.1. A waiver by the Buyers Purchaser or either of them the Company (as the case may be) of any breach by any party hereto of any of the terms provisions or conditions of this Deed or the acquiescence of the Buyers Purchaser or either of them the Company (as the case may be) in any act (whether commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or an acquiescence to any subsequent act contrary thereto. 11.2 8.2. Any remedy or right conferred upon the Buyers or either of them Purchaser for the breach of this Deed shall be in addition to and without prejudice to all other rights and remedies available to it whether pursuant to the Agreement or provided for by law. 11.3 8.3. No failure or delay by the Buyers Purchaser or either of them the Company in exercising any claim, remedy, right, power or privilege under this Deed shall operate as a waiver nor shall a single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereor thereof or exercise of any other claim, right, power or privilege. 11.4 8.4. Any liability of any party hereto to the Buyers or either of them Purchaser under the provisions of this Deed may in whole or in part be released, varied, postponed, compounded or compromised by the Buyers or either of them Purchaser in its absolute discretion as regards any other party under such party liability without in any way prejudicing or affecting its or their rights against any other party hereto under the same or a like liability whether joint and several or otherwiseliability. Should any provision of this Deed transpire not to be enforceable against any of the parties hereto, such non-enforceability shall not render such provision unenforceable against any other party hereto.

Appears in 1 contract

Samples: Deed of Indemnity (Widepoint Corp)

Waiver, Release and Remedies. 11.1 9.3.1 A waiver by the Buyers or either of them any party of any breach by any party hereto of any of the terms terms, provisions or conditions of this Deed Agreement or the acquiescence of the Buyers or either of them any party in any act (whether commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or an acquiescence to any subsequent act contrary thereto. 11.2 9.3.2 Any remedy or right conferred upon the Buyers or either of them any party for the breach of this Deed Agreement shall be in addition to and without prejudice to all other rights and remedies available to it that party whether pursuant to the this Agreement or provided for by law. 11.3 9.3.3 No failure or delay by the Buyers or either of them any party in exercising any claim, remedy, right, power or privilege under this Deed Agreement shall operate as a waiver nor shall a single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereor thereof or exercise of any other claim, right, power or privilege. 11.4 9.3.4 Any liability of any party hereto to the Buyers or either of them a party under the provisions of this Deed Agreement may in whole or in part be released, varied, postponed, compounded or compromised by the Buyers or either of them that party in its absolute discretion as regards such party without in any way prejudicing or affecting its or their rights against any other party hereto under the same or a like liability whether joint and several or otherwise. Should any provision of this Deed Agreement transpire not to be enforceable against any of the parties hereto, such non-enforceability shall not render such provision unenforceable against any other party hereto.

Appears in 1 contract

Samples: Underwriting Agreement (Ocallaghan Barry)

Waiver, Release and Remedies. 11.1 9.3.1 A waiver by the Buyers or either of them Purchaser of any breach by any party hereto of any of the terms terms, provisions or conditions of this Deed Agreement or the acquiescence of the Buyers or either of them Purchaser in any act (whether commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or an acquiescence to any subsequent act contrary thereto. 11.2 9.3.2 Any remedy or right conferred upon the Buyers or either of them Purchaser for the breach of this Deed Agreement shall be in addition to and without prejudice to all other rights and remedies available to it whether pursuant to the this Agreement or provided for by law. 11.3 9.3.3 No failure or delay by the Buyers or either of them Purchaser in exercising any claim, remedy, right, power or privilege under this Deed Agreement shall operate as a waiver nor shall a single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereor thereof or exercise of any other claim, right, power or privilege. 11.4 9.3.4 Any liability of any party hereto to the Buyers or either of them Purchaser under the provisions of this Deed Agreement may in whole or in part be released, varied, postponed, compounded or compromised by the Buyers or either of them Purchaser in its absolute discretion as regards such party without in any way prejudicing or affecting its or their rights against any other party hereto under the same or a like liability whether joint and several or otherwise. Should any provision of this Deed Agreement transpire not to be enforceable against any of the parties hereto, such non-enforceability shall not render such provision unenforceable against any other party hereto.

Appears in 1 contract

Samples: Share Purchase Agreement (Informatica Corp)

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Waiver, Release and Remedies. 11.1 9.1 A waiver by the Buyers or either of them Purchaser of any breach by any party hereto of any of the terms terms, provisions or conditions of this Deed Agreement or the acquiescence of the Buyers or either of them Purchaser in any act (whether commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or an acquiescence to any subsequent act contrary thereto. 11.2 9.2 Any remedy or right conferred upon the Buyers or either of them Purchaser for the breach of this Deed Agreement shall be in addition to and without prejudice to all other rights and remedies available to it whether pursuant to the this Agreement or provided for by law. 11.3 9.3 No failure or delay by the Buyers or either of them Purchaser in exercising any claim, remedy, right, power or privilege under this Deed Agreement shall operate as a waiver nor shall a single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereor thereof or exercise of any other claim, right, power or privilege. 11.4 9.4 Any liability of any party hereto to the Buyers or either of them Purchaser under the provisions of this Deed Agreement may in whole or in part be released, varied, postponed, compounded or compromised by the Buyers or either of them Purchaser in its absolute discretion as regards such party without in any way prejudicing or affecting its or their rights against any other party hereto under the same or a like liability whether joint and several or otherwise. Should any provision of this Deed Agreement transpire not to be enforceable against any of the parties hereto, such non-enforceability shall not render such provision unenforceable against any other party hereto.

Appears in 1 contract

Samples: Agreement for the Sale and Purchase of Shares (Thermo Terratech Inc)

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