Common use of Waivers; Delays or Omissions Clause in Contracts

Waivers; Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Party, upon any breach, default or noncompliance by another Party under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Party of any breach, default or noncompliance under this Agreement or any waiver on such Party’s part of any provisions or conditions of this Agreement, must be in writing and executed and delivered by a duly authorized officer on behalf of such Party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law or otherwise afforded to any Party, will be deemed cumulative with and not exclusive of any other remedy, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Joint Governance Agreement (Brookfield Property REIT Inc.), Joint Governance Agreement (GGP Inc.)

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Waivers; Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Party, upon any breach, default or noncompliance by another Party under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Party of any breach, default or noncompliance under this Agreement or any waiver on such Party’s part of any provisions or conditions of this Agreement, must be in writing and executed and delivered by a duly authorized officer on behalf of such Party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law or otherwise afforded to any Partyparty, will be deemed cumulative with and not exclusive of any other remedy, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Voting and Governance Agreement (Clearway Energy, Inc.)

Waivers; Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Party, upon any breach, default or noncompliance by another Party under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Party hereto of any breach, default or noncompliance under this Agreement or any waiver on such Party’s part of any provisions or conditions of this Agreement, must be in writing and executed and delivered by a duly authorized officer on behalf of such Party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law or otherwise afforded to any Partyparty, will be deemed cumulative with and not exclusive of any other remedy, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Governance Agreement (TerraForm Power, Inc.)

Waivers; Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Partyparty, upon any breach, default or noncompliance by another Party party under this AgreementAgreement or the other Transaction Agreements, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on the any party’s part of any Party of any breach, default or noncompliance under this Agreement or the other Transaction Agreements or any waiver on such Partyparty’s part of any provisions or conditions of this Agreement, Agreement or the other Transaction Agreements must be in writing and executed and delivered by a duly authorized officer on behalf of such Party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the other Transaction Agreements, by law law, or otherwise afforded to any Partyparty, will shall be deemed cumulative with and not exclusive of any other remedyalternative. Any waiver effected in accordance with this Section 9.3 shall be binding upon each party hereto, and the exercise by a Party any waiver not effected in accordance with this Section 9.3 shall be void and of any one remedy will not preclude the exercise of any other remedyno effect.

Appears in 1 contract

Samples: Investor Agreement (uniQure N.V.)

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Waivers; Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Party, upon any breach, default or noncompliance by another Party under this Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any Party hereto of any breach, default or noncompliance under this Agreement or any waiver on such Party’s part of any provisions or conditions of this Agreement, must be in writing and executed and delivered by a duly authorized officer on behalf of such Party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law or otherwise afforded to any Partyparty, will be deemed cumulative with and not exclusive of any other remedy, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy. Section 4.3.

Appears in 1 contract

Samples: Governance Agreement   Governance Agreement

Waivers; Delays or Omissions. It is agreed that no delay or omission to exercise any right, power or remedy accruing to any Partyparty, upon any breach, default or noncompliance by another Party party under this Agreement or the Investor Agreement, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval Consent of any kind or character on the any party’s part of any Party of any breach, default or noncompliance under this Agreement or the Investor Agreement or any waiver on such Partyparty’s part of any provisions or conditions of this Agreement, the Agreement or the Investor Agreement must be in writing and executed and delivered by a duly authorized officer on behalf of such Party and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Investor Agreement, by law Law, or otherwise afforded to any Partyparty, will shall be deemed cumulative with and not exclusive alternative. Any waiver effected in accordance with this Section 7.8 shall be binding upon each holder of any other remedyShares purchased under this Agreement at the time outstanding, each future holder of all such Shares, and the exercise by a Party Company, and any waiver not effected in accordance with this Section 7.8 shall be void and of any one remedy will not preclude the exercise of any other remedyno effect.

Appears in 1 contract

Samples: Share Subscription Agreement (uniQure N.V.)

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