Common use of Waivers and Remedies Clause in Contracts

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.

Appears in 17 contracts

Sources: Asset Purchase Agreement (Outsource International Inc), Purchase Agreement (Display Technologies Inc), Common Stock Option Agreement (Advanced Viral Research Corp)

Waivers and Remedies. The waiver by any either of the parties hereto Parties of any the other partyParty'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 either of the parties hereto Parties 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 Party upon the occurrence of any subsequent breach or violation.

Appears in 6 contracts

Sources: Purchase Agreement (Nstor Technologies Inc), Purchase Agreement (Nstor Technologies Inc), Purchase Agreement (Nstor Technologies Inc)

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 tot he exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

Appears in 4 contracts

Sources: Consulting Agreement (Wasatch Pharmaceutical Inc), Business Consulting Agreement (Wasatch Pharmaceutical Inc), Consulting Agreement (Wasatch Pharmaceutical Inc)

Waivers and Remedies. The waiver by any of the parties hereto Parties of any other partyParty's prompt and complete performance, or breach breach, or violation, 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 Parties of the exercise of 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.

Appears in 4 contracts

Sources: Income Share Agreement, Income Share Agreement, Income Share Agreement

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 failure 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.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Hi Rise Recycling Systems Inc), Employment Agreement (Preferred Employers Holdings Inc), Employment Agreement (Preferred Employers Holdings Inc)

Waivers and Remedies. The waiver by any of the parties hereto of any other party's ’s prompt and complete performance, performance or breach or violation, of any provision provisions of this Agreement and related documents shall not operate nor or 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 or 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.

Appears in 4 contracts

Sources: Coinsurance Agreement, Coinsurance Agreement (Eagle Life Insurance Co), Coinsurance Agreement (Eagle Life Insurance Co)

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 provisions of this Agreement and related documents 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.

Appears in 2 contracts

Sources: Reinsurance Agreement (Physicians Health Services Inc), Reinsurance Agreement (Physicians Health Services Inc)

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 or 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 or 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.

Appears in 2 contracts

Sources: Registration Rights Agreement (Proxymed Inc /Ft Lauderdale/), Registration Rights Agreement (Proxymed Inc /Ft Lauderdale/)

Waivers and Remedies. The waiver by any of the parties hereto of any other party's prompt and complete performance, performance or breach or violation, of any provision provisions of this Agreement and related documents shall not operate nor or 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 or 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.

Appears in 2 contracts

Sources: Coinsurance Agreement (American Equity Investment Life Holding Co), Coinsurance Agreement (American Equity Investment Life Holding Co)

Waivers and Remedies. The waiver by any of the parties hereto of any other party's ’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.

Appears in 2 contracts

Sources: Service Agreement (KinerjaPay Corp.), Securities Compliance Services Agreement (Securit E Doc Inc)

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 provisions of this Agreement and related documents 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.

Appears in 2 contracts

Sources: Reinsurance Agreement (Physicians Health Services Inc), Reinsurance Agreement (Physicians Health Services Inc)

Waivers and Remedies. The waiver by any of the parties Parties hereto of any other party's Party’s prompt and complete performance, performance or breach or violation, 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 Parties hereto to of the exercise of 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.

Appears in 2 contracts

Sources: Income Sharing Agreement, Education Equity Investment Agreement

Waivers and Remedies. The waiver by any of the parties hereto of any other party's ’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 prior or subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which he or it may possess hereunder under this Agreement 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.

Appears in 1 contract

Sources: Shareholders Agreement (American Racing Capital, Inc.)

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

Appears in 1 contract

Sources: Terms of Service

Waivers and Remedies. The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach reach 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.

Appears in 1 contract

Sources: Loan Agreement (General Credit Corp)

Waivers and Remedies. The waiver by any of the parties hereto of any other party's ’s prompt and complete performance, or breach 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.

Appears in 1 contract

Sources: Stock Option Agreement (Advanced Viral Research Corp)

Waivers and Remedies. The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, violation of any provision of this Agreement must be in writing and shall not operate nor or 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 similar breach or violation.

Appears in 1 contract

Sources: Asset Purchase Agreement (Interdent Inc)

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

Appears in 1 contract

Sources: Membership Interest Redemption and Sale Agreement (NorthStar Healthcare Investors, Inc.)

Waivers and Remedies. The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach 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.

Appears in 1 contract

Sources: Common Stock Option Agreement (Advanced Viral Research Corp)

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.. e.

Appears in 1 contract

Sources: Common Stock Redemption Agreement (General Credit Corp)

Waivers and Remedies. The waiver by any of the parties hereto of any other party's prompt and complete performance, performance or breach or violation, of any provision of this Agreement and related documents 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.

Appears in 1 contract

Sources: Reinsurance Agreement (US Alliance Corp)