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 This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the Buyer and the Sellers, or in the case of a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 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 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 3 contracts

Samples: Stock Purchase Agreement (Network Systems International Inc), Stock Purchase Agreement (Network Systems International Inc), Stock Purchase Agreement (Network Systems International Inc)

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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 This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, waived only by a written instrument signed by the Buyer and the SellersQuotaholders or, or in the case of a waiver, by the party Quotaholder waiving compliance. No delay on the part of any party Quotaholder 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 Quotaholder of any such right, power or privilegeprivilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any further other exercise thereof or the exercise hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any other such right, power rights or privilegeremedies which any Quotaholder may otherwise have at law or in equity. The rights and remedies of any party based upon, Quotaholder arising out of or otherwise in respect of any inaccuracy in or breach of any material 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 claims 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 partiesQuotaholders) as to which there is no inaccuracy or breach.

Appears in 1 contract

Samples: Quotaholders' Agreement (Stoneridge Inc)

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, waived only by a written instrument signed by the Buyer and the Sellersparties or, 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 any party of any such right, power or privilegeprivilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any further other exercise thereof or the exercise hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any other such right, power rights or privilegeremedies which 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 claims 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 among the parties) as to which there is no inaccuracy or breach.

Appears in 1 contract

Samples: Agreement (U S Vision 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 the Buyer and the Sellersparties hereto or, 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 any party of any 75 76 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 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 1 contract

Samples: Agreement and Plan of Merger (Town Sports International 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 the Buyer and the Sellersparties or, 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 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 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 1 contract

Samples: Disposition and Reorganization Agreement (Ameriquest Technologies Inc)

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