Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto or, in the case of a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 in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such party of any such right, power or privilege, 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.
Appears in 3 contracts
Samples: Share Purchase Agreement (American BioCare, Inc.), Securities Purchase Agreement (Bluefire Ethanol Fuels Inc), Stock Purchase Agreement (Bluefire Ethanol Fuels Inc)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto or, in the case of a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 either Sellers or Buyer in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such party either Sellers or Buyer of any such right, power or privilege, 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.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ultrapetrol Bahamas LTD), Stock Purchase Agreement (Ultrapetrol Bahamas LTD)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all each of the parties hereto or, in the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 in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or 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
Appears in 1 contract
Samples: Asset Purchase Agreement (Phoenix Companies Inc/De)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. (a) This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all 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 in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or 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.
Appears in 1 contract
Samples: Master Transaction Agreement (Tiptree Financial Inc.)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, supersededsuperceded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all authorized representatives of the parties hereto orhereto. No such written instrument shall be effective unless it expressly recites that it is intended to amend, in supercede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case of a waivermay be. Except as expressly provided herein, by the party waiving compliance. No no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, 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.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Stellex Industries Inc)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement The JV Documents may be amended, superseded, cancelledcanceled, 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 in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or 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.or
Appears in 1 contract
Samples: Purchase and Sale Agreement (Shorewood Packaging Corp)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed renewed, or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto Owner and Manager or, in the case of a waiver, by the party waiving compliance. No delay on the part of any a party in exercising any right, power power, or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power power, or privilege, or any single or partial exercise of any such right, power power, or privilege, preclude any further exercise thereof or the exercise thereof. The rights and remedies herein provided are cumulative and are not exclusive of any other such right, power rights or privilegeremedies that any party may otherwise have at law or in equity.
Appears in 1 contract
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto Buyer and the Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or 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
Appears in 1 contract
Samples: Asset Purchase Agreement (Regent Communications Inc)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelled, 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 either Seller or Buyer in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such party either Seller or Buyer of any such right, power or privilege, 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.
Appears in 1 contract
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelled, 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 a party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise thereof. The rights and remedies herein provided are cumulative and are not exclusive of any other such right, power rights or privilegeremedies that any party may otherwise have at law or in equity.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Domain Energy Corp)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto Buyer and Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of such any party of any such right, power or privilege, or 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.
Appears in 1 contract
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto Buyer and the Seller, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of such any party of any such right, power or privilege, or 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.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ivex Packaging Corp /De/)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto College and the School System, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of such either party of any such right, power or privilege, or 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.
Appears in 1 contract
Samples: Memorandum of Agreement
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, 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 in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of such any party of any such right, power or privilege, or 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.of
Appears in 1 contract
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by all of the parties hereto or, Parties or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party 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 such party any Party of any such right, power or privilege, or 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
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto Company, the Investor and the Participating Suppliers, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or 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.
Appears in 1 contract
Samples: Extension Agreement (BTHC VII Inc)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, cancelledcanceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto Buyer and the Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of such any party of any such right, power or privilege, or 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.
Appears in 1 contract