Common use of Waivers and Amendments; Remedies Clause in Contracts

Waivers and Amendments; 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 This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived only by a written instrument signed by the Parties or in the case of a waiver, by the Party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 except as expressly provided herein. 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. Notwithstanding anything else herein to the contrary, other than with respect to equitable remedies, such as specific performance, injunction and as permitted herein, with respect to Purchaser, following the Closing, the indemnity provisions of Article V of this Agreement shall constitute the sole and exclusive legal remedy of any Indemnified Party for any breach or nonperformance of any of the representations, warranties, covenants or agreements made by Seller in or pursuant to this Agreement, whether in contract, tort or otherwise.

Appears in 2 contracts

Samples: Share Purchase Agreement (Ni Ming), Share Repurchase Agreement (Renren Inc.)

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Waivers and Amendments; Remedies. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived waived, only by a written instrument signed by each of the Parties or or, in the case of a waiver, by the Party waiving compliance. No delay on the part The failure of any Party to insist, in exercising any rightone or more instances, power upon performance of the terms or privilege hereunder conditions of this Agreement shall operate not be construed as a waiver thereof except as expressly provided hereinor relinquishment of any right granted hereunder or of the future performance of any such term, covenant or condition. No waiver on the part of any Party of any right, power or privilege 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 Party may otherwise have at Law law or in equity, except as otherwise specified herein. Notwithstanding anything else herein to the contraryThe rights and remedies of any Party based upon, other than with arising out of or otherwise in respect to equitable remediesof any inaccuracy in or breach of any representation, such as specific performancewarranty, injunction and as permitted herein, with respect to Purchaser, following the Closing, the indemnity provisions of Article V of covenant or agreement contained in this Agreement shall constitute in no way be limited by the sole and exclusive legal remedy fact that the act, omission, occurrence or other state of facts upon which any claim of any Indemnified Party for any such inaccuracy or breach or nonperformance is based may also be the subject matter of any of other representation, warranty, covenant or agreement contained in this Agreement (or in any other agreement between the representations, warranties, covenants Parties) as to which there is no inaccuracy or agreements made by Seller in or pursuant to this Agreement, whether in contract, tort or otherwisebreach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Global Vision Holdings, Inc.)

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Waivers and Amendments; 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 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 except as expressly provided herein. 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. Notwithstanding anything else herein to the contrary, other than with respect to equitable remedies, such as specific performance, injunction and as permitted herein, with respect to Purchaser, following the Closing, the indemnity provisions of Article V above of this Agreement shall constitute the sole and exclusive legal remedy of any Indemnified Party for any breach or nonperformance of any of the representations, warranties, covenants or agreements made by Seller in or pursuant to this Agreement, whether in contract, tort or otherwise.. Page 6 of 10 Share Repurchase Agreement by and between Moatable, Inc and Softbank Group Capital Limited

Appears in 1 contract

Samples: Share Repurchase Agreement (Moatable, Inc.)

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