WAIVERS, APPROVALS, AND REMEDIES Sample Clauses

WAIVERS, APPROVALS, AND REMEDIES. (a) Failure by either party to enforce any of the provisions of this Contract or applicable law shall not constitute a waiver of the requirements of such provisions or law, or as a waiver of the right of a party thereafter to enforce such provision or law. (b) LOCKHEED XXXXXX'x approval of documents shall not relieve SELLER of its obligation to comply with the requirements of this Contract. (c) The rights and remedies of either party in this Contract are cumulative and in addition to any other rights and remedies provided by law or in equity.
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WAIVERS, APPROVALS, AND REMEDIES a) Failure by either party to enforce any of the provisions of this Purchase Order or applicable law shall not constitute a waiver of the requirements of such provisions or law, or as a waiver of the right of a party thereafter to enforce such provision or law. b) BUYER's approval of documents shall not relieve SELLER of its obligation to comply with the requirements of this Purchase Order. c) The rights and remedies of either party in this Purchase Order are cumulative and in addition to any other rights and remedies provided by law or in equity.
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WAIVERS, APPROVALS, AND REMEDIES. Failure by either Party to enforce any of the provisions of this Agreement or applicable law shall not constitute a waiver of the requirements of such provisions or law, or as a waiver of the right of a Party thereafter to enforce such provision or law. Envistacom's approval of documents shall not relieve Supplier of its obligation to comply with the requirements of this Agreement. The rights and remedies of either Party in this Agreement are cumulative and in addition to any other rights and remedies provided by law or in equity.
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WAIVERS, APPROVALS, AND REMEDIES. (a) Failure by Aero to enforce any provisions of this Contract shall not be construed as a waiver of the requirements of such provisions, or as a waiver of the right of Aero thereafter to enforce each such provision. (b) Aero approval of documents shall not relieve SELLER of its obligation to comply with the requirements of this Contract. (c) The rights and remedies of Aero in this Contract are in addition to any other rights and remedies provided by law or in equity. (d) Notify Aero of nonconforming processes, products, or services and obtain approval for their disposition. (e) Flow down to external providers applicable requirements including customer requirements. (f) Processing suppliers must furnish certifications to the purchase order requirements, and shall not process any parts for which they are not certified or approved. (g) Material suppliers must furnish material certifications with original mill certs to the purchase order requirements, and shall not supply any material for which they are not certified or approved.
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WAIVERS, APPROVALS, AND REMEDIES. Failure by either party to enforce the provisions of this Purchase Order or any applicable law shall not constitute a waiver of the requirements of such provisions or law, or act as a waiver of the right of a party thereafter to enforce such provision or law. Buyer’s approval of goods or services shall not relieve Seller of its obligation to comply with the requirements of this Purchase Order. The rights and remedies of Buyer hereunder are cumulative and in addition to any other rights and remedies provided by law or in equity. PRO-F-09.05 Page 1 of 4 Revision 2 (8/8/2018) Seller may not assign, or transfer its duties, interest, or obligations under this Purchase Order without obtaining the prior written approval of Buyer, which approval may be withheld in Buyer’s sole and absolute discretion. Buyer reserves the right to assign or transfer part or all its rights, powers, and privileges under this Purchase Order for any reason to: (1) any wholly-owned subsidiary of the Buyer; or (2) any successor in interest to Buyer by way of merger or consolidation or the acquisition of substantially all of its assets.
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WAIVERS, APPROVALS, AND REMEDIES. (a) Failure by LOCKHEED XXXXXX to enforce any of the provisions of this Contract shall not be construed as a waiver of the requirements of such provisions, or as a waiver of the right of LOCKHEED XXXXXX thereafter to enforce each such provision. (b) LOCKHEED XXXXXX’x approval of documents shall not relieve SELLER of its obligation to comply with the requirements of this Contract. (c) The rights and remedies of LOCKHEED XXXXXX in this Contract are cumulative and in addition to any other rights and remedies provided by law or in equity.
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WAIVERS, APPROVALS, AND REMEDIES. (a) Failure by XXXXXX to enforce any provisions of this Contract shall not be construed as a waiver of the requirements of such provisions, or as a waiver of the right of XXXXXX thereafter to enforce each such provision. (b) XXXXXX approval of documents shall not relieve SELLER of its obligation to comply with the requirements of this Contract. (c) The rights and remedies of XXXXXX in this Contract are in addition to any other rights and remedies provided by law or in equity. (d) Purchase Orders may identify the following requirements in the Notes section of the P.O. Header. If so, SELLER shall incorporate: (1) Verification or validation activities that XXXXXX, or its customer, identifies that it intends to perform at SELLER’s facility; (2) Design and development control; (3) Any special requirements, critical items, or key characteristics identified; (4) Any test, inspection, and verification (including production process verification) identified; (5) The use of statistical techniques for product acceptance and related instructions for acceptance by XXXXXX identified; (6) Use of Xxxxxx designated or approved external providers, including process sources (e.g. special processes). (7) Provide test specimens for design approval, inspection/verification, investigation, or auditing; (8) Obtain approval of products and services; methods, processes, and equipment; the release of products and services. (e) SELLER must: (1) Immediately notify XXXXXX of any nonconforming processes, products, or services, and obtain XXXXXX’s approval for their disposition; (2) Prevent the use of counterfeit parts (see 25); (3) Immediately notify XXXXXX of any changes to processes, products, or services, including changes of external providers or location of manufacture, and obtain XXXXXX’s approval; (4) Flow down to external providers applicable requirements including customer requirements; (5) Within 72 hours, notify XXXXXX of any nonconformities discovered after delivery of product. If counterfeit parts are suspected, SELLER shall comply with §25(d). (f) Processing suppliers shall not process any parts for which SELLER’s employees are not qualified, or SELLER is not certified or approved. (g) Material suppliers shall not supply any material for which they are not certified or approved.
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WAIVERS, APPROVALS, AND REMEDIES. (a) Failure by either party to enforce any of the provisions of this Contract or applicable law shall not constitute a waiver of the requirements of such provisions or law, or as a waiver of the right of a party thereafter to enforce such provision or law. (b) Bomic Ltd approval of documents shall not relieve SELLER of its obligation to comply with the requirements of this Contract.
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Related to WAIVERS, APPROVALS, AND REMEDIES

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • WAIVERS, AMENDMENTS AND REMEDIES No delay or omission of the Administrative Agent or any Holder of Secured Obligations to exercise any right or remedy granted under this Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver, amendment or other variation of the terms, conditions or provisions of this Security Agreement whatsoever shall be valid unless in writing signed by the Administrative Agent with the concurrence or at the direction of the Lenders required under Section 8.2 of the Credit Agreement and each Grantor, and then only to the extent in such writing specifically set forth, provided that the addition of any Domestic Subsidiary as a Grantor hereunder by execution of a Security Agreement Supplement in the form of Annex I (with such modifications as shall be acceptable to the Administrative Agent) shall not require receipt of any consent from or execution of any documentation by any other Grantor party hereto. All rights and remedies contained in this Security Agreement or by law afforded shall be cumulative and all shall be available to the Administrative Agent and the Holders of Secured Obligations until the Secured Obligations have been paid in full.

  • Acceleration Waivers Amendments and Remedies 8.1. Acceleration. If any Default described in Sections 7.7 or 7.8 occurs with respect to Borrower, the obligations of the Lenders to make Loans and to issue Facility Letters of Credit hereunder shall automatically terminate and the Facility Obligations shall immediately become due and payable without any election or action on the part of the Administrative Agent or any Lender. If any other Default occurs, so long as a Default exists Lenders shall have no obligation to make any Loans and the Required Lenders, at any time prior to the date that such Default has been fully cured, may permanently terminate the obligations of the Lenders to make Loans hereunder and declare the Facility Obligations to be due and payable, or both, whereupon if the Required Lenders elected to accelerate (i) the Facility Obligations shall become immediately due and payable, without presentment, demand, protest or notice of any kind, all of which Borrower hereby expressly waives and (ii) if any automatic or optional acceleration has occurred, the Administrative Agent, as directed by the Required Lenders (or if no such direction is given within 30 days after a request for direction, as the Administrative Agent deems in the best interests of the Lenders, in its sole discretion), shall use its good faith efforts to collect, including without limitation, by filing and diligently pursuing judicial action, all amounts owed by Borrower and any Subsidiary Guarantor under the Loan Documents. In addition to the foregoing, following the occurrence of a Default and so long as any Facility Letter of Credit has not been fully drawn and has not been cancelled or expired by its terms, upon demand by the Required Lenders Borrower shall deposit in the Letter of Credit Collateral Account cash in an amount equal to the aggregate undrawn face amount of all outstanding Facility Letters of Credit and all fees and other amounts due or which may become due with respect thereto. Borrower shall have no control over funds in the Letter of Credit Collateral Account and shall not be entitled to receive any interest thereon. Such funds shall be promptly applied by the Administrative Agent to reimburse the Issuing Bank for drafts drawn from time to time under the Facility Letters of Credit and associated issuance costs and fees. Such funds, if any, remaining in the Letter of Credit Collateral Account following the payment of all Facility Obligations in full shall, unless the Administrative Agent is otherwise directed by a court of competent jurisdiction, be promptly paid over to Borrower. If, within 10 days after acceleration of the maturity of the Facility Obligations or termination of the obligations of the Lenders to make Loans hereunder as a result of any Default (other than any Default as described in Sections 7.7 or 7.8 with respect to Borrower) and before any judgment or decree for the payment of the Facility Obligations due shall have been obtained or entered, all of the Lenders (in their sole discretion) shall so direct, the Administrative Agent shall, by notice to Borrower, rescind and annul such acceleration and/or termination.

  • Waivers, Amendment and Remedies No course of dealing by the Collateral Agent and no failure by the Collateral Agent to exercise, or delay by the Collateral Agent in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the Collateral Agent. No amendment, modification or waiver of any provision of this Agreement and no consent to any departure by Debtor therefrom, shall, in any event, be effective unless contained in a writing signed by the Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the Collateral Agent, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Collateral Agent from time to time in such order as the Collateral Agent may elect.

  • Waivers; Remedies The observance of any term of this agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

  • Consents and Requisite Governmental Approvals; No Violations (a) Except as set forth on Section 3.5(a) of the Company Parties Disclosure Schedules, no consent, approval or authorization of, or designation, declaration or filing with, any Governmental Entity is required on the part of a Company Party with respect to the Company Party’s execution, delivery or performance of its obligations under this Agreement or the Ancillary Documents to which the Company Party is or will be party or the consummation of the transactions contemplated by this Agreement or by the Ancillary Documents, except for (i) the filing with the SEC of (A) the Registration Statement / Proxy Statement and the declaration of the effectiveness thereof by the SEC and (B) such reports under Sections 13(a), 15(d) or 16 of the Exchange Act as may be required in connection with this Agreement, the Ancillary Documents or the transactions contemplated hereby or thereby, or (ii) filing of the Certificates of Merger. (b) Except as set forth on Section 3.5(b) of the Company Parties Disclosure Schedules, neither the execution, delivery or performance by a Company Party of this Agreement nor the Ancillary Documents to which the Company Party is or will be a party nor the consummation of the transactions contemplated hereby or thereby will, directly or indirectly (with or without due notice or lapse of time or both) (i) result in any breach of any provision of the Company Party’s Governing Documents, (ii) result in a violation or breach of, or constitute a default or give rise to any right of termination, Consent, cancellation, amendment, modification, suspension, revocation or acceleration under, any of the terms, conditions or provisions of (A) any Contract to which any Group Company is a party or (B) any Permits, (iii) violate, or constitute a breach under, any Order or Law to which any Group Company or any of its properties or assets are bound or (iv) result in the creation of any Lien upon any of the assets or properties (other than any Permitted Liens) or Equity Securities of any Group Company, except, in the case of any of clauses (ii) through (iv) above, as would not, individually or in the aggregate, reasonably be expected to be material or prevent, materially delay or materially impair the ability of a Company Party to consummate the Transactions.

  • Waivers, Rights and Remedies Except as expressly provided in this Agreement, no failure or delay by any party in exercising any right or remedy relating to this Agreement or any of the Transaction Documents shall affect or operate as a waiver or variation of that right or remedy or preclude its exercise at any subsequent time. No single or partial exercise of any such right or remedy shall preclude any further exercise of it or the exercise of any other remedy.

  • Conditions Precedent and Secured Party’s Rights and Remedies The following Termination Events will be a “Specified Condition” for the party specified (that party being the Affected Party if the Termination Event occurs with respect to that party): With respect to Party A: any Additional Termination Event with respect to which Party A is the sole Affected Party. With respect to Party B: None.

  • AMENDMENTS; WAIVERS; REMEDIES This Agreement may not be amended or waived except by a writing signed by Executive and by a duly authorized representative of the Company other than Executive. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches. All rights or remedies specified for a party herein shall be cumulative and in addition to all other rights and remedies of the party hereunder or under applicable law.

  • No Violation; Consents and Approvals (a) The execution and delivery of this Agreement by the Company does not, and the performance of this Agreement by the Company and the consummation of the Transactions will not, (i) conflict with or violate the organizational documents of the Company, (ii) conflict with or violate any laws applicable to the Company or by or to which any of its properties or assets are bound or subject, or (iii) result in any breach of, constitute a default (or an event that with notice or lapse of time or both would constitute a material default) under, or give to others any right of termination, amendment, acceleration or cancellation of, or require payment under, or result in the creation of a Lien on any of the material properties or assets of the Company under, any material bond, note, mortgage, deed of trust, lease, commitment, obligation, understanding, arrangement, indenture, other evidence of indebtedness, guarantee, license, agreement or other contract or instrument (“Contract”) to which the Company is a party or by or to which the Company or any of its properties or assets are bound or subject, in each case that would, individually or in the aggregate, reasonably be expected to materially impair the Company’s ability to perform its obligations hereunder or to consummate the Transactions. (b) Assuming the representations and warranties of each Noteholder set forth in Section 3.2 and Section 3.3 are true and correct, the execution and delivery of this Agreement by the Company does not, and the performance by the Company of this Agreement and the consummation of the Transactions will not, require the Company to make any filing with, obtain any permit, authorization, consent or approval of, or given any notice to (“Consents”), any court, tribunal, legislative, executive or regulatory authority or agency (a “Governmental Authority”), or any third party except for (i) such consents, approvals or notices which would not, individually or in the aggregate, reasonably be expected to materially impair the Company’s ability to perform its obligations hereunder or to consummate the Transactions and (ii) such consents, approvals or notices which have been or will be obtained prior to the Closing Date.

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