No Prejudice to Other Rights. Any termination pursuant to Section 10.2 shall be without prejudice to any other rights or remedies which one Party (referred to in this Section 10.4 as the "nonbreaching Party") may have in respect of any default by the other Party (referred to in this Section 8.3 as the "breaching Party"). Any failure by the nonbreaching Party to exercise its rights hereunder to terminate or otherwise to enforce or recover damages for any default, breach or non observance by the breaching Party of any covenant, condition, obligation or term of this Agreement will not affect or impair the nonbreaching Party's right in respect of any subsequent default, breach or non observance of the same or a different kind, nor will any delay or omission of the nonbreaching Party to exercise any right arising from any default, breach or non observance affect or impair the nonbreaching Party's right as to the same or any future default, breach or non observance provided however, that nothing in this Section 10.4 shall be construed or interpreted as to override any provision in this Agreement limiting the remedies of a nonbreaching Party against a breaching Party.
Appears in 3 contracts
Samples: Distribution Agreement, Distribution Agreement, Distribution Agreement
No Prejudice to Other Rights. Any termination pursuant to Section 10.2 shall be without prejudice to any other rights or remedies which one Party (referred to in this Section 10.4 as the "“nonbreaching Party"”) may have in respect of any default by the other Party (referred to in this Section 8.3 10.4 as the "“breaching Party"”). Any failure by the nonbreaching Party to exercise its rights hereunder to terminate or otherwise to enforce or recover damages for any default, breach or non non-observance by the breaching Party of any covenant, condition, obligation or term of this End User Agreement will not affect or impair the nonbreaching Party's ’s right in respect of any subsequent default, breach or non non-observance of the same or a different kind, nor will any delay or omission of the nonbreaching Party to exercise any right arising from any default, breach or non non-observance affect or impair the nonbreaching Party's ’s right as to the same or any future default, breach or non non-observance provided however, that nothing in this Section 10.4 shall be construed or interpreted as to override any provision in this End User Agreement limiting the remedies of a nonbreaching Party against a breaching Party.
Appears in 1 contract
Samples: Software End User License Agreement (GlobalTel IP, Inc.)