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

Waivers and Amendments; 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 This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the Parties or, in the case of a waiver, by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. 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 any Party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party may otherwise have under Applicable Law or in equity.

Appears in 12 contracts

Samples: Policy Replacement Agreement (HCI Group, Inc.), Personal Lines Quota Share Reinsurance Agreement (National General Holdings Corp.), Loss Portfolio Transfer Agreement (Amtrust Financial Services, Inc.)

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Waivers and Amendments; 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 This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each all of the Parties parties or, in the case of a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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 5 contracts

Samples: Stock and Asset Purchase Agreement, Stock and Asset Purchase Agreement (Lincoln National Corp), Coinsurance and Modified Coinsurance Agreement (Separate Account Va-2l)

Waivers and Amendments; 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 This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each all of the Parties parties or, in the case of a waiver, by the Party party waiving compliance. No delay on the part of any Party in party 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, remedy or privilege, nor any single or partial exercise of any such right, power, remedy or privilege, preclude any further exercise thereof or the exercise of any other such right, remedy, power or privilege. The Except as provided in Section 10.04, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 4 contracts

Samples: Coinsurance Agreement (Jackson VFL Variable Life Separate Account), Coinsurance Agreement (Jackson VFL Variable Annuity Separate Account), Coinsurance Agreement (Jackson VFL Variable Life Separate Account)

Waivers and Amendments; Preservation of Remedies. This Agreement The Transaction Agreements may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions 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 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, remedy power or privilegeprivilege hereunder, nor any single or partial exercise of any such right, power, remedy power or privilegeprivilege hereunder, preclude any further other or other exercise thereof or the exercise of any other such right, remedy, power or privilegehereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that which any Party may otherwise have under Applicable Law at law or in equity.

Appears in 4 contracts

Samples: Strategic Alliance Agreement (Athersys, Inc / New), Sublicense Agreement (BTHC VI Inc), Strategic Alliance Agreement (Athersys, Inc / New)

Waivers and Amendments; 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 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, power, remedy or privilege, preclude any further exercise thereof or the exercise of any other such right, remedy, power or privilege. The Except as provided in Section 10.04, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 3 contracts

Samples: Transfer Agreement (Jackson VFL Variable Life Separate Account), Transfer Agreement (Jackson VFL Variable Annuity Separate Account), Transfer Agreement (Jackson VFL Variable Annuity Separate Account)

Waivers and Amendments; Preservation of Remedies. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions 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 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, remedy power or privilegeprivilege hereunder, nor any single or partial exercise of any such right, power, remedy power or privilegeprivilege hereunder, preclude any further other or other exercise thereof or the exercise of any other such right, remedy, power or privilegehereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that which any Party may otherwise have under Applicable Law at law or in equity.

Appears in 3 contracts

Samples: Termination Agreement (Athersys, Inc / New), Termination and License Agreement (Micromet, Inc.), Termination and License Agreement (Micromet, Inc.)

Waivers and Amendments; 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 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, power, remedy or privilege, preclude any further exercise thereof or the exercise of any other such right, remedy, power or privilege. The Except as provided in Section 13.5, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 2 contracts

Samples: Stock and Asset Purchase Agreement (Protective Life Corp), Stock and Asset Purchase Agreement (Protective Life Insurance Co)

Waivers and Amendments; Preservation of Remedies. This 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 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 . No waiver on the part of any Party party of any such right, power, remedy power or privilege, nor any single or partial exercise of any such right, power, remedy power or privilege, shall 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 and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement (Hawaiian Holdings Inc)

Waivers and Amendments; 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. 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 any Party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party may otherwise have under Applicable applicable Law or in equity.

Appears in 2 contracts

Samples: Loss Portfolio Transfer Agreement (Amtrust Financial Services, Inc.), Loss Portfolio Transfer Agreement (National General Holdings Corp.)

Waivers and Amendments; 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. 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 any Party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party may otherwise have under Applicable Law applicable law or in equity.

Appears in 2 contracts

Samples: Quota Share Reinsurance Agreement, Portfolio Transfer And (National General Holdings Corp.)

Waivers and Amendments; Preservation of Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be maybe waived, only by a written instrument signed by each all of the Parties parties or, in the case of a waiver, by the Party party waiving compliance. No failure or 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 2 contracts

Samples: Faflic Trust Agreement (Vel Ii Acct of State Mutual Life Assur Co of America), Faflic Trust Agreement (Separate Acct Va K of First Allmerica Financial Life Ins Co)

Waivers and Amendments; Preservation of Remedies. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and Therapeutic Fields 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 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, remedy power or privilegeprivilege hereunder, nor any single or partial exercise of any such right, power, remedy power or privilegeprivilege hereunder, preclude any further other or other exercise thereof or the exercise of any other such right, remedy, power or privilegehereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that which any Party may otherwise have under Applicable Law at law or in equity.

Appears in 2 contracts

Samples: Collaboration Agreement (Miravant Medical Technologies), Collaboration Agreement (Miravant Medical Technologies)

Waivers and Amendments; Preservation of Remedies. This License Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions 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 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, remedy power or privilegeprivilege hereunder, nor any single or partial exercise of any such right, power, remedy power or privilegeprivilege hereunder, preclude any further other or other exercise thereof or the exercise of any other such right, remedy, power or privilegehereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that which any Party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: License Agreement (BTHC VI Inc)

Waivers and Amendments; Preservation of Remedies. This 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 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, remedy power or privilege, nor any single or partial exercise of any such right, power, remedy power 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 and are not exclusive of any rights or remedies that any Party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: This Agreement (Tom Online Inc)

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Waivers and Amendments; Preservation of Remedies. This Agreement and the other Purchase Documents 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 all parties to this Agreement 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 waiver on the part of any Party party of any such right, power, remedy power or privilege, nor or any single or partial exercise of any such right, power, remedy power 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 and are shall not exclusive of preclude any rights party from seeking any other remedy available, whether pursuant to applicable law or remedies that any Party may otherwise have under Applicable Law or in equityotherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Global Intellicom Inc)

Waivers and Amendments; 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 all parties to this Agreement 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 waiver on the part of any Party party of any such right, power, remedy power or privilege, nor or any single or partial exercise of any such right, power, remedy power 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 and are shall not exclusive of preclude any rights party from seeking any other remedy available, whether pursuant to applicable law or remedies that any Party may otherwise have under Applicable Law or in equityotherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Global Intellicom Inc)

Waivers and Amendments; 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 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 . Nor shall any waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: Asset Purchase and Transfer Agreement (Uici)

Waivers and Amendments; 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 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and, other than as provided in Sections 10.04 and 12.03, are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: Purchase Option Agreement (Regan Holding Corp)

Waivers and Amendments; 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 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: Redemption Agreement (Standard Management Corp)

Waivers and Amendments; 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 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and and, other than as provided in Section 11.04, are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (Republic Companies Group, Inc.)

Waivers and Amendments; 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 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and and, other than as provided in Section 11.05, are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Standard Management Corp)

Waivers and Amendments; 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 parties or, in the case of a waiver, by the Party party waiving compliance. No failure or 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 waiver on the part of any Party party of any right, power, remedy or privilege, nor any single or partial exercise of any such right, 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 and are not exclusive of any rights or remedies that any Party party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: Accident and Health Coinsurance Agreement (Hanover Insurance Group, Inc.)

Waivers and Amendments; Preservation of Remedies. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions 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 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, remedy power or privilegeprivilege hereunder, nor any single or partial exercise of any such right, power, remedy power or privilegeprivilege hereunder, preclude any further other or other exercise thereof or the exercise of any other such right, remedy, power or privilegehereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that which any Party may otherwise have under Applicable Law at law or in equity.

Appears in 1 contract

Samples: Sub Licence and Collaboration Agreement (Vir Biotechnology, Inc.)

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