Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 is not prior to or in substitution for any such claims under such policies.
Preservation of other rights. The Department’s right to be indemnified under this clause 48 is in addition to any other right, power, or remedy provided by law, but the Department will not be entitled to be compensated in excess of the amount of the relevant cost, loss, damage, expense or liability. In this clause 48, ’fault‘ means any negligent or unlawful act or omission or wilful misconduct, including fraud.
Preservation of other rights. If a party breaches (including repudiates) the Contract, nothing in this clause prejudices the right of the other party to recover damages or exercise any other right or remedy.
Preservation of other rights. 17.3.1. Clause 17.2 does not limit or exclude any of the Commonwealth’s other rights under this Agreement.
Preservation of other rights. Nothing in this agreement affects the right of a party to:
(a) subject to observance of the Dispute resolution provisions of this agreement, commence litigation in respect of a Default Event; or
(b) exercise any other rights or remedies available to the party under this agreement or at law or in equity.
Preservation of other rights. Clause 20.2 does not limit or exclude any of GBRF's other rights under this Agreement or otherwise at Law.
Preservation of other rights. If a party breaches or repudiates this Agreement, nothing in this Clause 17 will prejudice the right of the other party to recover damages or exercise any other right. The Access Providers rights under this Clause 17 are in addition to any other rights that it may have under this Agreement, including under Clause 5.
Preservation of other rights. If a party breaches or repudiates this Agreement, nothing in this clause 19 will prejudice the right of the other party to recover damages or exercise any other right.
Preservation of other rights. Nothing in clause 4.1 operates to relinquish or vary the rights of the State:
(a) under clause 11(8) of the Rail Transfer Agreement and under clause 25(2) of the Adelaide to Xxxxxxx Xxxxx Railway Agreement in respect of that portion of the Interstate Mainline Track which comprises SAR Land;
(b) under clause 11(8) of the Rail Transfer Agreement in respect of the Islington Freight Terminal (being the land described in item 2 of schedule 2); and
(c) under any other provision of the Rail Transfer Agreement or the Adelaide to Xxxxxxx Xxxxx Railway Agreement other than those expressly waived or relinquished under clause 4.1.
Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any indemnification, advancement, exculpation, or insurance rights of Indemnified Persons, and any such rights are primary rights and not secondary to, limited by, or adversely affected by any Indemnified Person’s rights under any policy of insurance.
