Common use of Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies Clause in Contracts

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 26 contracts

Samples: Guaranty (DHT Maritime, Inc.), Guaranty (DHT Maritime, Inc.), Guaranty (Double Hull Tankers, Inc.)

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Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 19 contracts

Samples: Container Purchase Agreement (CAI International, Inc.), Container Purchase Agreement (CAI International, Inc.), Container Purchase Agreement (Iea Income Fund Xi Lp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 9 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Overseas Partners LTD), Stock Purchase Agreement (Tower Group, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, hereto. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceparties hereto. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Tenthgate Inc), Stock Purchase Agreement (Asta Funding Inc), Stock Purchase Agreement (Asta Funding Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orCompany, Parent and Buyer. The provisions hereof may be waived in writing by the Company Parent or Buyer, as the case of a waiver, by may be. Any such waiver shall be effective only to the party waiving complianceextent specifically set forth in such writing. No failure or delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 7 contracts

Samples: Stock Purchase and Recapitalization Agreement (WES Consulting, Inc.), Stock Purchase and Recapitalization Agreement (Liberator, Inc.), Stock Purchase and Recapitalization Agreement (Bico Inc/Pa)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 7 contracts

Samples: Indemnity Agreement (Double Hull Tankers, Inc.), Agreement Agreement (Arlington Tankers Ltd.), Agreement Agreement (Arlington Tankers Ltd.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, Parties or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, privilege nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 6 contracts

Samples: Share Repurchase Agreement, Share Repurchase Agreement (Perfect World Co., Ltd.), Share Purchase Agreement (Pypo China Holdings LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 6 contracts

Samples: Administrative Services Agreement (Equitable America Variable Account L of Equitable Financial Life Insurance Co of America), Administrative Services Agreement (Equitable America Variable Account a of Equitable Financial Life Insurance Co of America), Administrative Services Agreement (Equitable America Variable Account L of Equitable Financial Life Insurance Co of America)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 5 contracts

Samples: Shared Services Agreement (Cryptyde, Inc.), Transitional Services Agreement, Transitional Services Agreement (Allscripts-Misys Healthcare Solutions, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Metrologic Instruments Inc), Stock Purchase Agreement (Essex Corp), Asset Purchase Agreement (Zenith National Insurance Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Guarantee may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, but only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 4 contracts

Samples: Guarantee (Global Ship Lease, Inc.), Guarantee (Global Ship Lease, Inc.), Guarantee (Global Ship Lease, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Cakewalk and CDBeat. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 4 contracts

Samples: Contribution Agreement (Dylan LLC), Contribution Agreement (Cdbeat Com Inc), Contribution Agreement (Atlantis Equities Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on of the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Guaranty (Arlington Tankers Ltd.), Agreement (Arlington Tankers Ltd.), Guaranty (Arlington Tankers Ltd.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties or, Parties. The provisions hereof may be waived only in writing signed by all of the case of a waiver, by the party waiving complianceParties. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law Law or in equity.. [Signatures appear on next page]

Appears in 3 contracts

Samples: Asset Purchase Agreement (Brickell Biotech, Inc.), Asset Purchase Agreement (Brickell Biotech, Inc.), Asset Purchase Agreement (Cagles Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Agreement (Arlington Tankers Ltd.), Guaranty (Arlington Tankers Ltd.), Guaranty (Arlington Tankers Ltd.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power power, remedy or privilege, nor any single or partial exercise of any such right, power power, remedy or privilege, preclude any further exercise thereof or the exercise of any other such right, remedy, power or privilege. The rights and remedies herein provided are cumulative cumulative. Such rights and remedies are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity, unless, and then only to the extent that, any such rights or remedies have been expressly limited under the Agreement. .

Appears in 3 contracts

Samples: Assumption Reinsurance Agreement, Assumption Reinsurance Agreement, Assumption Reinsurance Agreement

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Purchaser and Company or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Investment and Purchase Agreement, Investment and Purchase Agreement (Danielson Holding Corp), Investment and Purchase Agreement (Covanta Energy Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, or in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Corporate Agreement (Angiodynamics Inc), 5 Corporate Agreement (Angiodynamics Inc), Corporate Agreement (Monsanto Co /New/)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Agreement (Arlington Tankers Ltd.), Agreement (Arlington Tankers Ltd.), Agreement (Arlington Tankers Ltd.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Oscient Pharmaceuticals Corp), Asset Purchase Agreement (Reliant Pharmaceuticals, Inc.), Asset Purchase Agreement (Reliant Pharmaceuticals, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Termination Master Agreement (Arm Financial Group Inc), Assumption Agreement (Reliance Group Holdings Inc), Transition Services Agreement (Reliance Group Holdings Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Asset Transfer and Acquisition Agreement (Allmerica Financial Corp), Administrative Services Agreement (Lincoln National Corp), Administrative Services Agreement (Lincoln National Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Administrative Services Agreement (Lincoln Benefit Life Co), Indemnity Reinsurance Agreement (Allstate Financial Advisors Separate Account I), Indemnity Reinsurance Agreement (Allstate Life of New York Separate Account A)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement and the Ancillary Agreements may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or thereto, as applicable, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise 126 in this Agreement, including Section 10.7 hereof, or in the Ancillary Agreements, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Transition Services Agreement (Protective Life Insurance Co), Transition Services Agreement (Protective Life Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by Executive and the parties Guarantor or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Guaranty (Overseas Shipholding Group Inc), Overseas Shipholding Group Inc

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement and the Ancillary Agreements may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement or in the Ancillary Agreements, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Aetna Life Insurance & Annuity Co /Ct), Coinsurance Agreement (Lincoln National Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, Parties or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Master Separation Agreement (Excel Legacy Corp), Master Separation Agreement (New Plan Excel Realty Trust Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties or, Parties. The provisions hereof may be waived only in writing signed by all of the case of a waiver, by the party waiving complianceParties. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law Law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Integrated Device Technology Inc), Asset Purchase Agreement (Integrated Device Technology Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orHe-Ro, Nah-Nah, Rounick and Han. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Han Hong J), Stock Purchase Agreement (He Ro Group LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, hereto. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceShareholder and BearCom. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Bearcom Group Inc), Asset Purchase Agreement (Wireless International Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each of OBIC and Peerless or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Rewritten Indemnity Reinsurance Agreement (White Mountains Insurance Group LTD), Closing Indemnity Reinsurance Agreement (White Mountains Insurance Group LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equityequity except where this Agreement expressly provides otherwise.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Maximus Inc), Asset Purchase Agreement (SCB Computer Technology Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Pledge Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Pledgor and the Pledgee or, in the case of a waiver, by the party waiving complianceagainst whom the waiver is to be enforced. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Pledge Agreement (Madison Square Garden Entertainment Corp.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, Parties or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Master Separation Agreement (Sabin Gary B)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each Seller, Parent and Purchaser or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cbeyond, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of Buyer, the parties Companies and Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Subject to Article X, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Endurance Specialty Holdings LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Agreement Among Lenders and Agent

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly stated herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Leucadia National Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Commutation Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Commutation Agreement (Reliance Group Holdings Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Sellers and the Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceSellers and the Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Entertainment International LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed renewed, or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power power, or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Transition Services Agreement (SEPARATE ACCOUNT EQ OF VENERABLE INSURANCE & ANNUITY Co)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or their respective successors in interest, or, in the case of a waiver, by the party waiving compliance. No failure or delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sun Life Financial Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Transfer and Acquisition Agreement (Unum Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity. 17.

Appears in 1 contract

Samples: Container Purchase Agreement

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Second Amended Standstill Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Standstill Agreement (Cordant Technologies Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Seller and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceSeller and Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Transtech Industries Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Share Purchase Agreement (Fresh Brands Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each of Parent, OneBeacon and Liberty or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Subject to Article X, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Master Agreement (White Mountains Insurance Group LTD)

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Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement and the Ancillary Agreements may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or thereto, as applicable, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, including Section 10.7 hereof, or in the Ancillary Agreements, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Transition Services Agreement (AXA Equitable Holdings, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any hereof. No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Implementation Agreement (Eme Homer City Generation Lp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Form of Software License Agreement (Aetna U S Healthcare Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No Except as provided in Article X, no delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Full House Resorts Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No Except as provided in Article IX and Article X, no delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Equity Interest Purchase Agreement (Interval Leisure Group, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of Buyer, the parties Company and Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Subject to Article X, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tower Group, Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orParent, Seller and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Technology Flavors & Fragrances Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on parry in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as explicitly set forth herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equityequity except where this Agreement expressly provides otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Manatron Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancehereto and their respective successors and assigns. No delay on the part of any party on Party or Shareholder in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party or Shareholder of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Shareholder Voting and Control Agreement (Empi Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each of Seller and Parent or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nash Finch Co)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties both Parties, or, in the case of a waiver, by the party Party waiving compliance. No failure or delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stockholder Matters Agreement (BC Partners Holdings LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty The JV Documents may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Shorewood Packaging Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Purchaser and Seller. Any provision hereof may be waived in the case of a waiver, writing signed by the party waiving complianceParty that could otherwise seek enforcement of the provision being waived. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege, be deemed to be a waiver of any other right, power or privilege or the same right, power or privilege on a future occasion, nor shall any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law Law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (SunOpta Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Debtor and the Secured Party or, in the case of a waiver, by the party waiving complianceSecured Party. No delay on the part of any party on the Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party the Secured Party of any such right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilegeprivi­lege. The rights and remedies herein provided are cumulative and are shall not exclusive of preclude the Secured Party from seeking any rights or remedies that any party may otherwise have at other remedy available, whether pursuant to applicable law or in equityotherwise.

Appears in 1 contract

Samples: Security Agreement (Interactive Brand Development Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Standstill Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on or Shareholder in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Shareholders Agreement (Thiokol Corp /De/)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by Sellers, the parties or, Company and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Premier Parks Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or their respective successors in interest, or, in the case of a waiver, by the party waiving compliance. No failure or delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sun Life Financial Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly stated herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Shareholders Agreement (Thiokol Corp /De/)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (Airlease LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No Except as provided in Article X, no delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Purchase Agreement (Reynolds American Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.. 87

Appears in 1 contract

Samples: Administrative Services Agreement (Lincoln National Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Purchaser and Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Exibit 2 (Ibasis Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orCompany, Sellers and the Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceCompany, Sellers and the Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Travlang Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. (a) This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Administrative Services Agreement (Tiptree Financial Inc.)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity, except that Section 12 shall constitute the parties' sole remedy for breach of representation, warranty, agreement or covenant hereunder.

Appears in 1 contract

Samples: Stock Purchase and Redemption Agreement (Owosso Corp)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Guaranty Agreement (Guardian International Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties OneBeacon Insurers and Liberty or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Renewal Rights Agreement (White Mountains Insurance Group LTD)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power power, remedy or privilege, nor any single or partial exercise of any such right, power power, remedy or privilege, preclude any further exercise thereof or the exercise of any other such right, remedy, power or privilege. The rights and remedies herein provided are cumulative cumulative. Such rights and remedies are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity, unless, and then only to the extent that, any such rights or remedies have been expressly limited under the Agreement.

Appears in 1 contract

Samples: Assumption Reinsurance Agreement

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Requisite Shareholders and DHT. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceRequisite Shareholders and DHT. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver Waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dynamic Healthcare Technologies Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.. The rights and remedies of any party based upon, arising out of or otherwise in respect of any inaccuracy in or breach of any representation, warranty, covenant or agreement

Appears in 1 contract

Samples: Share Purchase Agreement (Telepassport Inc)

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and (subject to express provisions of this Agreement to the contrary) are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Overseas Partners LTD)

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