Common use of Failure or Indulgence Not Waiver Clause in Contracts

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 316 contracts

Sources: Securities Purchase Agreement (Mobix Labs, Inc), Securities Purchase Agreement (Laser Photonics Corp), Securities Purchase Agreement (Clean Energy Technologies, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 13 contracts

Sources: Securities Purchase Agreement (Seto Holdings Inc), Securities Purchase Agreement (New Generation Consumer Group, Inc.), Securities Purchase Agreement (Raadr, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. [Signature Page Follows]

Appears in 6 contracts

Sources: Securities Purchase Agreement (Rubicon Technologies, Inc.), Securities Purchase Agreement (Rubicon Technologies, Inc.), Securities Purchase Agreement (Rubicon Technologies, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer Buyers in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer Buyers existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 5 contracts

Sources: Securities Purchase Agreement (AnPac Bio-Medical Science Co., Ltd.), Securities Purchase Agreement (SIMPLICITY ESPORTS & GAMING Co), Securities Purchase Agreement (CLS Holdings USA, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer or Company in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer or Company existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 4 contracts

Sources: Securities Purchase Agreement (CaliberCos Inc.), Securities Purchase Agreement (Avalon GloboCare Corp.), Securities Purchase Agreement (Avalon GloboCare Corp.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer a Purchaser in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise availableprivilege.

Appears in 3 contracts

Sources: Exchange Agreement (Voxware Inc), Exchange Agreement (Voxware Inc), Exchange Agreement (Voxware Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of the each Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the each Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Nexgel, Inc.), Securities Purchase Agreement (Tixfi Inc.), Securities Purchase Agreement (Blue Sky Media Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer Purchaser hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 3 contracts

Sources: Securities Purchase Agreement (It&e International Group), Omnibus Amendment (It&e International Group), Secured Convertible Term Note (It&e International Group)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer on the one hand or the Company on the other hand, in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer or the Company existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Securities Purchase Agreement (DarkPulse, Inc.), Securities Purchase Agreement (RespireRx Pharmaceuticals Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. [ Signature Page to Securities Purchase Agreement ]

Appears in 2 contracts

Sources: Securities Purchase Agreement (Exousia Pro, Inc.), Securities Purchase Agreement (New Generation Consumer Group, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power power, or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Propanc Biopharma, Inc.), Securities Purchase Agreement (Propanc Biopharma, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer Purchaser in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer Purchaser existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Digerati Technologies, Inc.), Securities Purchase Agreement (Digerati Technologies, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer Investor in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilegesprivilege. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 2 contracts

Sources: Secured Convertible Promissory Note (Bond) Addendum (Ocean Thermal Energy Corp), Secured Convertible Promissory Note (Bond) (Ocean Thermal Energy Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. ​ ​ ​

Appears in 2 contracts

Sources: Securities Purchase Agreement (Electromedical Technologies, Inc), Securities Purchase Agreement (Electromedical Technologies, Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise othervvise available.

Appears in 1 contract

Sources: Securities Purchase Agreement (Success Entertainment Group International Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the each Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Securities Purchase Agreement (IDdriven, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. ​ ​

Appears in 1 contract

Sources: Securities Purchase Agreement (Electromedical Technologies, Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. [Signature Page Follows] {00481385.DOCX.3}

Appears in 1 contract

Sources: Securities Purchase Agreement (Elite Performance Holding Corp)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. [ SIGNATURE PAGEQ TO SECURITIES PURCHASE AGREEMENT ]

Appears in 1 contract

Sources: Securities Purchase Agreement (New Generation Consumer Group, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. ​

Appears in 1 contract

Sources: Securities Purchase Agreement (Electromedical Technologies, Inc)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right right, or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Securities Purchase Agreement (INVO Bioscience, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.. {00349297.DOCX.5}

Appears in 1 contract

Sources: Securities Purchase Agreement (That Marketing Solution, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the Buyer or the Company in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer and the Company existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Securities Purchase Agreement (Vemanti Group, Inc.)

Failure or Indulgence Not Waiver. No failure or delay on the part of the any Buyer in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privileges. All rights and remedies of the Buyer Buyers existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 1 contract

Sources: Securities Purchase Agreement (Edison Nation, Inc.)