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.
Appears in 4 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
