Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement shall not be modified or amended except pursuant to an instrument in writing executed and delivered on behalf of each Party to be bound. No delay on the part of any Party, in exercising any right hereunder shall operate as a waiver thereof. Neither any waiver on the part of any Party of any such right, nor any single or partial exercise of any such right shall preclude any further exercise thereof or the exercise of any other such right unless waived in writing. The rights and remedies hereunder provided are cumulative and except as otherwise provided herein 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 contained in this Agreement shall in no way be limited by the fact that the act, omission, occurrence, or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement contained in this Agreement (or in any other agreement between the Parties) as to which there is no inaccuracy or breach.
Appears in 6 contracts
Samples: Sensor Technology License Agreement (Vivakor, Inc.), Intellectual Property License Agreement (Vivakor, Inc.), Intellectual Property License Agreement (Vivakor, Inc.)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement shall not may be modified amended, superseded, canceled, renewed, or amended except pursuant to an extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in writing executed and delivered on behalf the case of each Party to be bounda waiver, by the parties waiving compliance. No delay on the part of any Party, party in exercising any right right, power or privilege hereunder shall operate as a waiver thereof. Neither 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 shall preclude any further exercise thereof right, power or the exercise of any other such right unless waived in writingprivilege. The rights and remedies hereunder herein provided are cumulative and except as otherwise provided herein 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 contained in this Agreement shall in no way be limited by the fact that the act, omission, occurrence, occurrence or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement contained in this Agreement (or in any other agreement between the Partiesparties) as to which there is no inaccuracy or breach.
Appears in 3 contracts
Samples: Share Exchange Agreement (Astrata Group Inc), Share Exchange Agreement (Grand Prix Sports Inc), Share Exchange Agreement (Sportsmans Wholesale Co)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement shall not may be modified amended, superseded, canceled, renewed or amended except pursuant to an extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in writing executed and delivered on behalf the case of each Party to be bounda waiver, by the parties waiving compliance. No delay on the part of any Party, party in exercising any right right, power or privilege hereunder shall operate as a waiver thereof. Neither 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 shall preclude any further exercise thereof right, power or the exercise of any other such right unless waived in writingprivilege. The rights and remedies hereunder herein provided are cumulative and except as otherwise provided herein 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 contained in this Agreement shall in no way be limited by the fact that the act, omission, occurrence, occurrence or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement contained in this Agreement (or in any other agreement between the Partiesparties) as to which there is no inaccuracy or breach.
Appears in 2 contracts
Samples: Agreement and Plan of Exchange (Renewable Assets Inc), Share Exchange Agreement (Wall Street Strategies Corp)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement shall not may be modified amended, superseded, canceled, renewed, or amended except pursuant to an extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in writing executed and delivered on behalf the case of each Party to be bounda waiver, by the parties waiving compliance. No delay on the part of any Party, party in exercising any right right, power or privilege hereunder shall operate as a waiver thereof. Neither , 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 shall preclude any further exercise thereof right, power or the exercise of any other such right unless waived in writingprivilege. The rights and remedies hereunder herein provided are cumulative and except as otherwise provided herein 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 contained in this Agreement shall in no way be limited by the fact that the act, omission, occurrence, occurrence or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement contained in this Agreement (or in any other agreement between the Partiesparties) as to which there is no inaccuracy or breach.
Appears in 2 contracts
Samples: Agreement and Plan of Exchange (Milk Bottle Cards Inc.), Interest Purchase Agreement (Milk Bottle Cards Inc.)
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement shall not may be modified amended, superseded, canceled, renewed or amended except pursuant to an extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in writing executed and delivered on behalf the case of each Party to be bounda waiver, by the parties waiving compliance. No delay on the part of any Party, party in exercising any right right, power or privilege hereunder shall operate as a waiver thereof. Neither 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 shall preclude any further exercise thereof right, power or the exercise of any other such right unless waived in writingprivilege. The rights and remedies hereunder herein provided are cumulative and except as otherwise provided herein 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 contained in this Agreement shall in no way be limited by the fact that the act, omission, occurrence, occurrence or other state of facts upon which any claim of any such 63 inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement contained in this Agreement (or in any other agreement between the Partiesparties) as to which there is no inaccuracy or breach.
Appears in 1 contract
Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement shall not be modified or amended except pursuant to an instrument in writing executed and delivered on behalf of each Party party to be bound. No delay on the part of any Party, party in exercising any right right, power or privilege hereunder shall operate as a waiver thereof. Neither 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 right, power or privilege shall preclude any further exercise thereof or the exercise of any other such right right, power or privilege unless waived in writing. The rights and remedies hereunder provided are cumulative and except as otherwise provided herein 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 contained in this Agreement shall in no way be limited by the fact that the act, omission, occurrence, or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, warranty, covenant or agreement contained in this Agreement (or in any other agreement between the Partiesparties) as to which there is no inaccuracy or breach.
Appears in 1 contract
Samples: License and Collaboration Agreement (Myriad Genetics Inc)