Waivers; Remedies. Any agreement on the part of a party hereto to waive the performance by the other party of any of its covenants hereunder shall be valid only if set forth in a written instrument signed on behalf of such party. No failure or delay on the part of either the Generico Parties or the Alpha Parties in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any waiver on the part of either the Generico Parties or the Alpha Parties of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor will any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
Appears in 4 contracts
Samples: Tax Allocation Agreement (APP Pharmaceuticals, Inc.), Tax Allocation Agreement (New Abraxis, Inc.), Tax Allocation Agreement (New Abraxis, Inc.)
Waivers; Remedies. Any agreement on the part of a party hereto to waive or consent to the performance by the other party of any of its covenants or agreements hereunder shall be valid only if set forth in a written instrument signed on behalf of such party. Any waiver that is made in contravention of this Section 8.13 will be void ab initio. No failure or delay on the part of either the Generico Parties or the Alpha Parties in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any waiver on the part of either the Generico Parties or the Alpha Parties of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor will any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (APP Pharmaceuticals, Inc.), Separation and Distribution Agreement (Abraxis Biosciences, Inc.), Separation and Distribution Agreement (New Abraxis, Inc.)
Waivers; Remedies. Any agreement on the part of a party hereto to waive the performance by the other party of any of its covenants hereunder shall be valid only if set forth in a written instrument signed on behalf of such party. No failure or delay on the part of either the Generico Parties Sabra or the Alpha Parties SpinCo in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any waiver on the part of either the Generico Parties Sabra or the Alpha Parties SpinCo of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor will any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
Appears in 2 contracts
Samples: Tax Allocation Agreement (Sun Healthcare Group Inc), Tax Allocation Agreement (Sabra Health Care REIT, Inc.)
Waivers; Remedies. Any agreement on the part of a party hereto to waive the performance by the other party of any of its covenants hereunder shall be valid only if set forth in a written instrument signed on behalf of such party. No failure or delay on the part of either the Generico ABI Parties or the Alpha Parties SpinCo in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any waiver on the part of either the Generico ABI Parties or the Alpha Parties SpinCo of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor will any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
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