Common use of Waivers; Delays or Omissions Clause in Contracts

Waivers; Delays or Omissions. 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. Any waiver, permit, consent or approval of any kind or character on any party's part 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 shall be effective only to the extent specifically set forth in such writing. All remedies under this Agreement afforded to any party shall be cumulative and not alternative.

Appears in 4 contracts

Samples: Merger Agreement (Synergy 2000 Inc), Merger Agreement (Change Technology Partners Inc), Merger Agreement (Change Technology Partners Inc)

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Waivers; Delays or Omissions. No 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 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. Any It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of any party's part Party of any breach, default or noncompliance under this Agreement or any waiver on such party's Party’s part of any provisions or conditions of this Agreement 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 remedies, either under this Agreement Agreement, by law or otherwise afforded to any party shall Party, will be deemed cumulative with and not alternativeexclusive 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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