Common use of FAILURE TO EXERCISE REMEDY Clause in Contracts

FAILURE TO EXERCISE REMEDY. The remedies set forth above are cumulative, but the non-defaulting party is under no obligation to exercise any such remedy. The exercise of, or failure to exercise, any such remedies shall not prevent any future exercise of the same or any other remedies or release the defaulting party from its obligations under this Agreement.

Appears in 8 contracts

Samples: Broadband Content Teaming Agreement (Broadbandnow Inc), Data Services Marketing Agreement (Broadbandnow Inc), Data Services Marketing Agreement (Broadbandnow Inc)

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FAILURE TO EXERCISE REMEDY. The remedies set forth above are cumulative, but the non-defaulting party is under no obligation to exercise any such remedy. The exercise of, or failure to exercise, any such remedies shall not prevent any future exercise of the same or any other remedies remedies, or release the defaulting party from its obligations under this Agreement. The defaulting party shall additionally pay or allow the offset of all reasonable attorneys fees and expenses incurred in the endorsement of any of the rights or privileges hereunder.

Appears in 1 contract

Samples: Service Agreement (United of Omaha Separate Account C)

FAILURE TO EXERCISE REMEDY. The remedies set forth above are cumulative, but the non-defaulting nondefaulting party is under no obligation to exercise any such remedy. The exercise of, or failure to exercise, any such remedies shall not prevent any future exercise of the same or any other remedies or release the defaulting party from its obligations under this Agreement.

Appears in 1 contract

Samples: Data Services Access and Right of Entry Agreement (Broadbandnow Inc)

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FAILURE TO EXERCISE REMEDY. The remedies set forth above are cumulative, but the non-defaulting party is under no obligation to exercise any such remedy. The exercise of, or failure to exercise, any such remedies shall not prevent any future exercise of the same or any other remedies or release the defaulting party from its as obligations under this Agreement.

Appears in 1 contract

Samples: Data Services Marketing Agreement (Broadbandnow Inc)

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