No Waiver; Remedies; Amendment. (a) Failure or delay on the part of either Party to exercise any right provided for herein shall not act as a waiver thereof, nor shall any single or partial exercise of any right by either Party preclude any other or further exercise thereof. (b) Remedies provided in this Agreement shall be the exclusive remedies of the Parties for breaches of, or claims relating to, this Agreement. (c) In no event shall a term or provision of this Agreement be deemed to have been waived, modified or amended, unless a waiver, modification or amendment is in writing and signed by the Parties hereto.
Appears in 7 contracts
Samples: Servicing Agreement, Servicing Agreement (Neiman Marcus, Inc.), Servicing Agreement (Neiman Marcus, Inc.)
No Waiver; Remedies; Amendment. (a) Failure or delay on the part of either Party to exercise any right provided for herein shall not act as a waiver thereof, nor shall any single or partial exercise of any right by either Party preclude any other or further exercise thereof.
(b) Remedies provided in this Agreement shall be the exclusive remedies of the Parties for breaches of, or other claims relating to, this Agreement. This Section 12.02(b) shall be without prejudice to the respective rights of the Parties and their Affiliates under any Credit Support Documents.
(c) In no event shall a term or provision of this Agreement be deemed to have been waived, modified or amended, unless a waiver, modification or amendment is in writing and signed by the Parties hereto.
Appears in 2 contracts
Samples: Program Agreement (Saks Inc), Purchase and Sale Agreement (Saks Inc)