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

Waivers and Amendments; Non-Contractual Remedies. Preservation of ----------------------------------------------------------------- Remedies. This Agreement may be amended, superseded, canceled, renewed or -------- extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a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. From time to time prior to the Closing Date, Seller shall promptly supplement or amend any representations and warranties of Seller herein or in the schedules hereto which would have been required to be set forth or described in such representations, warranties and schedules which is necessary to correct any information which has become inaccurate therein, provided, however, that any ----------------- such supplement or amendment shall not affect Buyer's right to terminate the Agreement as a result thereof. The failure of either party to insist, in any one or more instances, upon performance of the terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of any right granted hereunder or of the future performance of any such term or condition. 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. 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 (i) 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, or (ii) any investigation or knowledge of the inaccuracy or breach by either party.

Waivers and Amendments; Non-Contractual Remedies. Preservation of ----------------------------------------------------------------- Remedies. This Agreement may be amended, superseded, canceled, ------------------------ renewed or -------- extended, and the terms hereof may be waived, only by a written instrument signed by each of the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 Company and the Preferred Stockholders or relevant Preferred Stockholder or, in the case of a waiver, by the party waiving compliance. From time to time prior to No delay on the Closing Datepart of any party in exercising any right, Seller power or privilege hereunder shall promptly supplement or amend any representations and warranties of Seller herein or in the schedules hereto which would have been required to be set forth or described in such representations, warranties and schedules which is necessary to correct any information which has become inaccurate therein, provided, however, that any ----------------- such supplement or amendment shall not affect Buyer's right to terminate the Agreement as a result thereof. The failure of either party to insist, in any one or more instances, upon performance of the terms or conditions of this Agreement shall not be construed operate as a waiver or relinquishment of thereof, nor shall any right granted hereunder or of the future performance of any such term or condition. 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. 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 or any agreement or instrument pursuant to this Agreement shall in no way be limited by (i) 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 any agreement or instrument delivered pursuant to this Agreement (or in any other agreement between the parties) as to which there is no inaccuracy or breach, or (ii) any investigation or knowledge of the inaccuracy or breach by either party.

Waivers and Amendments; Non-Contractual Remedies. Preservation of ----------------------------------------------------------------- Remedies. This Agreement may be amended, superseded, canceled, ------------------------ renewed or -------- extended, and the terms hereof may be waived, only by a written instrument signed by each all of the parties hereto or, in the case of a waiver, by the party waiving compliance. From time to time prior to No delay on the Closing Datepart of any party in exercising any right, Seller power or privilege hereunder shall promptly supplement or amend any representations and warranties of Seller herein or in the schedules hereto which would have been required to be set forth or described in such representations, warranties and schedules which is necessary to correct any information which has become inaccurate therein, provided, however, that any ----------------- such supplement or amendment shall not affect Buyer's right to terminate the Agreement as a result thereof. The failure of either party to insist, in any one or more instances, upon performance of the terms or conditions of this Agreement shall not be construed operate as a waiver or relinquishment of thereof, nor shall any right granted hereunder or of the future performance of any such term or condition. 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. 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 or any Documents delivered pursuant to this Agreement shall in no way be limited by (i) 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 any Documents delivered pursuant to this Agreement (or in any other agreement between the parties) as to which there is no inaccuracy or breach, or (ii) any investigation or knowledge of the inaccuracy or breach by either party.