Common use of Waiver; Termination Clause in Contracts

Waiver; Termination. No failure on the part of Parent or the Company to exercise any power, right, privilege or remedy under this Affiliate Agreement, and no delay on the part of Parent in exercising any power, right, privilege or remedy under this Affiliate Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Neither the Company nor Parent shall be deemed to have waived any claim arising out of this Affiliate Agreement, or any power, right, privilege or remedy under this Affiliate Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Parent or the Company as the case may be; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. If the Merger Agreement is terminated, this Affiliate Agreement shall thereupon terminate.

Appears in 1 contract

Samples: Affiliate Agreement (Artecon Inc /De/)

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Waiver; Termination. No failure on the part of Parent or the Company Spatial to exercise any power, right, privilege or remedy under this Affiliate Agreement, and no delay on the part of Parent Spatial in exercising any power, right, privilege or remedy under this Affiliate Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Neither the Company nor Parent Spatial shall not be deemed to have waived any claim arising out of this Affiliate Agreement, or any power, right, privilege or remedy under this Affiliate Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Parent or the Company as the case may beSpatial; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. If the Merger Purchase Agreement is terminated, this Affiliate Agreement shall thereupon terminate.

Appears in 1 contract

Samples: Affiliate Agreement (Turcotte William Ii)

Waiver; Termination. No failure on the part of Parent or the Company Affiliate to exercise any power, right, privilege or remedy under this Affiliate Agreement, and no delay on the part of Parent or Affiliate in exercising any power, right, privilege or remedy under this Affiliate Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Neither the Company Parent nor Parent Affiliate shall be deemed to have waived any claim arising out of this Affiliate Agreement, or any power, right, privilege or remedy under this Affiliate Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Parent or the Company Affiliate, as the case may be; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. If the Merger Reorganization Agreement is terminated, this Affiliate Agreement shall thereupon terminate.

Appears in 1 contract

Samples: Affiliate Agreement (Chordiant Software Inc)

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Waiver; Termination. No failure on the part of Parent or the Company to exercise any power, right, privilege or remedy under this Affiliate Agreement, and no delay on the part of Parent or Company in exercising any power, right, privilege or remedy under this Affiliate Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Neither the Parent nor Company nor Parent shall be deemed to have waived any claim arising out of this Affiliate Agreement, or any power, right, privilege or remedy under this Affiliate Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Parent or the Company as the case may beparty deemed to be charged; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. If the Merger Reorganization Agreement is terminated, this Affiliate Agreement shall thereupon terminate.

Appears in 1 contract

Samples: Affiliate Agreement (Molecular Devices Corp)

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