Non-Waiver; Remedies. No waiver of any breach of these Terms and Conditions shall constitute a waiver of any prior or subsequent breach of any similar or dissimilar provision or a modification of the contract. All Supplier rights and remedies, whether evidenced hereby or by any other contract or document, shall be cumulative and nonexclusive and may be exercised singularly or concurrently.
Non-Waiver; Remedies. A waiver by any Party of any term or condition of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies specified in this Agreement shall be cumulative and in addition to any other remedies provided at Law or in equity.
Non-Waiver; Remedies. The failure of either party to insist in any one or more instances upon performance of any of the provisions of this Agreement or to pursue its rights under this Agreement shall not be construed as a waiver of any provision or the relinquishment of any rights. Waiver by Festival of any breach of any covenant or duty of Vendor under this Agreement is not a waiver of a breach of any other covenant or duty of Vendor, or any subsequent breach of the same covenant or duty. All rights and remedies provided in this Agreement shall be cumulative, and shall not be exclusive of one another or of any remedies available at law or in equity. Under no circumstances shall the Festival be liable for any consequential, special or incidental damages arising out of this Agreement.
Non-Waiver; Remedies. Waiver by any Party of any default by the other Party of any provision of this Agreement shall not be deemed a waiver by the waiving Party of any subsequent or other default, nor shall it prejudice the rights of the other Party. No failure or delay by a Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall a single or partial exercise thereof prejudice any other or further exercise thereof or the exercise of any other right, power or privilege. All remedies specified in this Agreement shall be cumulative and in addition to any other remedies provided at Law or in equity.
Non-Waiver; Remedies. A Party’s delay or failure to enforce at any time any provision of this Agreement shall not constitute a waiver of such right thereafter or of any other right or remedy. The rights and remedies provided to each Party herein are cumulative and in addition to any other rights and remedies available to such Party at law or in equity.
Non-Waiver; Remedies. Any waiver by the Employer of a breach of any provision or covenant in this Agreement shall not operate or be construed as a waiver of any subsequent breach or of any rights which the Employer may otherwise have. I acknowledge that breach of this Agreement would cause grave and irreparable injury to the Employer that would not be compensable in money damages, and therefore, in addition to the Company's other express or implied remedies, the Company shall be entitled to injunctive and other equitable relief to prevent any actual intended or likely injuries that may result from such breach. However, nothing in this Agreement shall limit any other right or remedy to which the Employer may be entitled.
Non-Waiver; Remedies. Compliance with these insurance requirements shall not limit the liability of Provider, its subcontractors, sub-subcontractors, employees or agents. Any remedy provided to JWB or JWB's Board members, employees, volunteers, and agents by the insurance provided by Provider shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Provider) available to JWB under this Agreement or otherwise. Neither approval nor failure to disapprove insurance furnished by Provider shall relieve Provider from the responsibility to provide insurance as required by this Agreement. Provider shall provide JWB with renewal or replacement evidence of insurance at least fifteen (15) calendar days prior to the expiration or termination of such insurance.
Non-Waiver; Remedies. No waiver of any rights or obligations shall be (i) implied, whether by course of dealing, any failure or delay in exercising any right, power or privilege hereunder, or otherwise, or (ii) effective unless in writing and signed by the party holding such rights or to whom such obligations are owed. Any waiver shall be effective only in the specific instance and for the specific purpose stated in such writing and shall not obligate the waiving party to grant any further, similar, or other waivers. Except as expressly provided in this Contract, all Buyer’s and Vendor’s rights and remedies are cumulative, not alternative or exhaustive, and are in addition to all other rights and remedies available at law or in equity, and the exercise of any remedy shall not preclude the exercise of any other remedy.
Non-Waiver; Remedies. Delay or failure of the Carrier or Customer to insist upon performance of any of these Conditions, or to exercise any right or privilege herein, or the waiver of any breach of any of the Conditions, will not be construed as waiving any such terms, conditions, provisions, rights, or privileges, but the same will continue and remain in full force and effect as if no forbearance or waiver or delay had occurred. Consent or approval by a Party to any act requiring consent or approval will not be deemed to waive or render unnecessary consent or approval of any subsequent similar act. The Company and Customer hereby waive any and all rights and remedies provided for by Part B of Subtitle IV to Title 49 of the U.S. Code to the extent such rights and remedies conflict with the provisions of these Conditions. The Company’s rights and remedies under these Conditions will be cumulative, and its pursuit of any such right or remedy will not preclude it from pursuing any other available right or remedy. Schedule A: Accessorial Charges Version Type UOM Currency Charge Description Detention with Power Unit Per Hour CAD $ 75.00 Rate per hour in excess of the two hours (paid in 15 minute increments) Layover (Single Driver Vehicle) Per Day CAD $ 250.00 Rate per day for detention in excess of ten hours for a single driver vehicle. Layover (Team Driver Vehicle) Per Day CAD $ 500.00 Rate per day for detention in excess of ten hours for a team driver vehicle. First Stop Off Per Stop CAD $ 65.00 Charge for first additional stop beyond the tendered pick (origin) and drop (destination) location. Second Stop Off Per Stop CAD $ 100.00 Charge for second additional stop beyond the tendered pick (origin) and drop (destination) location. Third Stop Off Per Stop CAD $ 150.00 Charge for third additional stop beyond the tendered pick (origin) and drop (destination) location. Additional Stop Offs Per Stop CAD $ 185.00 Charge for fourth (or more) additional stop beyond the tendered pick (origin) and drop (destination) location. Demurrage Per Day CAD $ 60.00 Daily fee for each day of detention after the day of notification Storage at US Origin (Dry) Per Day USD $ 50.00 Storage in-transit charge per day for situations where the Carrier is required by the Customer to sign for and pick-up a trailer transferring dry freight from Customer's facilities and hold for a period of time. Storage at US Destination (Dry) Per Day USD $ 50.00 Storage in-transit charge per day for situations where the Carrier ...
Non-Waiver; Remedies. (i) All representations and warranties set forth in this Indemnification Agreement shall survive the Closing for a period of five (5) years following the Effective Time (and none shall merge into any instrument of conveyance) regardless of any investigation or lack of investigation by the parties hereto. No specific representation and warranty shall limit the generality or applicability of a more general representation and warranty. The failure in any one or more instances of a party to insist upon performance of any of the terms, covenants or conditions of this Indemnification Agreement, to exercise any right or privilege conferred in this Indemnification Agreement, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Indemnification Agreement, shall not be construed as a subsequent waiver of any such terms, covenants, conditions, right or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.
