Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, will impair any such right, power or remedy of such non-breaching or non-defaulting party nor will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party 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, either under this Agreement or by law or otherwise afforded to any party, are cumulative and not alternative.

Delays. In the event of a delay ​:

Graphite Delays. Any changes or additions to the information provided by Graphite, Graphite Materials, or raw materials provided by Graphite, or (in the case of information) that results in a material change or revision to # the timing, method, or manner of performance of WuXi ATU’s Manufacturing obligations hereunder, # production or assay batch records, or # WuXi ATU-furnished facilities, equipment, materials, services or site, may cause a Service start date to be rescheduled or cancelled. Graphite shall be liable for the reschedule/cancellation fees listed under the applicable Work Order.

Conversion Delays. If ​ fails to deliver shares in accordance with the timeframe stated in [Section 1.00(b)], ​, at any time prior to selling all of those shares, may rescind any portion, in whole or in part, of that particular conversion attributable to the unsold shares. The rescinded conversion amount will be returned to the Principal Sum with the rescinded conversion shares returned to ​, under the expectation that any returned conversion amounts will tack back to the Effective Date.

Any other acts or omissions of ​, or its agents, or employees which actually delays the Substantial Completion of the ​ Improvements,

Errors and Omissions. Borrowers agree to fully cooperate with Bank and adjust clerical errors on any or all Loan Documents or other loan closing documentation if deemed necessary or desirable in the reasonable discretion of Bank.

DELAYS AND SUSPENSION. The Company may delay the filing of, or suspend or delay the effectiveness of a Registration Statement, if the Company shall furnish to the Stockholders a certificate signed by the Chief Executive Officer of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its Stockholders for such a registration statement to be filed or declared effective or for an effective registration statement not to be suspended. In such event, the Company’s obligation under this Agreement to file a registration statement, seek effectiveness of a registration statement or keep such registration statement effective shall be deferred. If the Company suspends the effectiveness of a Registration Statement, the Company will promptly deliver notice to the Stockholders of such suspension and will again deliver notice to the Stockholders when such suspension is no longer necessary. The duration for which the Company is required to keep a Registration Statement effective shall be extended by an additional number of days equal to the length of any suspension period.

The Distributor is responsible for all purchase orders submitted to the Manufacturer on behalf of a sub-distributor. Manufacturer will not be held liable to any sub-distributor for any pricing errors, delays or omissions on any purchase order submitted by Distributor.

any errors, omissions, interruptions or delays in transmission or delivery of any message, advice or document (regardless of how sent or transmitted) or for errors in interpretation of technical terms or in translation or any delay in giving or failing to give notice to Borrowers;

provided that, any delays in the settlement or payment of such awards that are set forth in the applicable award documents and that are required under Section 409A of the Internal Revenue Code shall remain in effect.

Claims based on events, acts or omissions taking place after the Execution Date of this Agreement; and

by its acts or omissions knowingly and/or intentionally not cause any breach or default under the Purchase Agreement,

For purposes of this Amendment, the terms “Substantially Completed”, “Substantially Completes” and “Substantially Complete” shall mean that the work in question has been completed other than minor or non-material details of construction, mechanical adjustment or decoration “Punch List Items” which do not materially interfere with Tenant’s ordinary use of the applicable portion of the Premises in which such work was performed, provided that Landlord shall use commercially reasonable efforts to complete such Punch List Items within thirty (30) days following notice from Tenant thereof (which thirty (30) day period shall be subject to extension due to casualty, condemnation, Tenant Delays and Unavoidable Delays).

Technical information which is or becomes part of the public domain other than by acts or omissions of Consultant; or

Provided, however, that solely with respect to the actions or omissions set forth in [[Section 5(a)(ii), (iii), (v) and (vi)])])])]])])])], such actions or omissions must remain uncured thirty (30) days after the Board has provided Employee written notice of the obligation to cure such actions or omissions. For the avoidance of doubt, the actions or omissions set forth in [[Section 5(a)(i), (iv) and (vii)])])]])])] are not permitted to be cured by Employee under any circumstances. Any act or failure to act (i) based on specific authority given pursuant to a resolution adopted by the Board, (ii) based on specific advice of the Company's outside counsel, or (iii) based on the specific direction of the Board shall be presumed to be done, or omitted to be done, by Employee in good faith and in the best interests of the Company and therefore shall not form the basis for a Cause termination.

Lender shall in no way be liable for any acts or omissions of Borrower, Borrower’s agents or Borrower’s employees.

adopt rules to interpret and administer this Plan, remedy ambiguities and errors in this Plan, and supply omissions from this Plan;

•any person or organization with respect to their legal responsibility for covered acts or omissions of you or a family member; or

amounts necessary to repair any damage to the Property caused by the intentional acts or omissions of Borrower or those acting on behalf of Borrower;