Common use of Default; Remedies; Waiver Clause in Contracts

Default; Remedies; Waiver. Either Party may exercise any or all of its right and remedies under this Memorandum and under any applicable laws, rules and regulations. Under no circumstances shall either Party be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages. No provision of this Memorandum shall be deemed to have been waived unless such waiver is in writing signed by the waiving Party. No failure by any Party to insist upon the strict performance of any provision of this Memorandum or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of such provision or of any other provision. No waiver of any provision of this Memorandum shall be deemed a waiver of any other provision of this Memorandum or a waiver of such provision with respect to any subsequent breach, unless expressly provided in writing.

Default; Remedies; Waiver. Either Party may exercise any or all of its right and remedies under this Memorandum Agreement and under any applicable laws, rules and regulations. Under no circumstances shall either Party be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages. No provision of this Memorandum Agreement shall be deemed to have been waived unless such waiver is in writing signed by the waiving Party. No failure by any Party to insist upon the strict performance of any provision of this Memorandum Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of such provision or of any other provision. No waiver of any provision of this Memorandum Agreement shall be deemed a waiver of any other provision of this Memorandum Agreement or a waiver of such provision with respect to any subsequent breach, unless expressly provided in writing.