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

Waivers and Amendments; Preservation of Remedies. This Agreement may be amended, superseded or canceled, and the terms hereof may be waived, only by a written instrument signed by all parties hereto. 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 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 3 contracts

Samples: Asset Purchase Agreement (Twinlab Corp), Asset Purchase Agreement (Jones Medical Industries Inc /De/), Asset Purchase Agreement (Twinlab Corp)

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Waivers and Amendments; Preservation of Remedies. This No term or provision of this Agreement may be amended, superseded or canceledmodified, and the terms hereof may be waived, discharged or terminated orally, but only by a written instrument signed by all parties heretoPurchaser, Seller and Owner Participant. 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 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.

Appears in 2 contracts

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

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