REMEDIES AND NO WAIVER. Without prejudice to any other rights and remedies the disclosing Party may have, the receiving Party acknowledges and agrees that damages alone may not be an adequate remedy for any breach of the provisions of this Agreement by the receiving Party or its Representatives and accordingly, the receiving Party agrees that the disclosing Party may be entitled, without proof of special damage, to the remedies of injunction, specific performance and other equitable relief. The rights and remedies of the Parties will not be diminished, waived, or extinguished by the granting of any indulgence, forbearance, or extension of time by the disclosing Party to the receiving Party or its Representative nor by any failure of or delay by the disclosing Party in ascertaining or exercising any such rights or remedies.
REMEDIES AND NO WAIVER. 5.1 The Data Processor shall indemnify, defend and hold harmless the Data Controller from and against all and any claims, liabilities, costs, charges, expenses, awards and damages of any kind including any fines, legal and other professional fees and expenses which it/they may suffer or incur as a result of, or arising out of or in connection with, any breach by the Data Processor of any of its obligations in this Agreement.
5.2 For the avoidance of any doubt, any limitation of liability which applies under the Supply Agreement shall not apply to the Data Processor's liability under the indemnity in this clause 5 which shall be limited to £10,000,000.
5.3 The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by Law or in equity.
5.4 A waiver of any right or remedy under this Agreement or by Law or in equity is only effective if given in writing and signed on behalf of the party giving it and any such waiver so given shall not be deemed a waiver of any similar or subsequent breach or default.
5.5 A failure or delay by a party in exercising any right or remedy provided under this Agreement or by Law or in equity shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law or in equity shall prevent or restrict the further exercise of that or any other right or remedy.
REMEDIES AND NO WAIVER. Nothing in this Contract shall be construed to waive any privilege, right of recovery, cause of action, defense, remedy, category of damages, or immunity to which City is entitled under common law, or federal, state, or local law; waiver of any of the foregoing may only be accomplished in writing by an individual with the authority to bind City.
REMEDIES AND NO WAIVER. The provisions of this Agreement are necessary for the protection of the business and goodwill of the Disclosing Party and are considered by the Receiving Party to be reasonable for such purpose. The Parties hereby acknowledge that any breach of any provision of this Agreement regarding confidentiality or protection of Confidential Information may constitute irreparable harm for which there may be no adequate remedy at law, and that the non- breaching Party shall be entitled to obtain specific performance and/or injunctive relief from a court of competent jurisdiction in addition to any other rights or remedies available at law or in equity. The Parties further agree that no bond or other security shall be required in obtaining such equitable relief and the Parties hereby consent to the issuance of such injunction and to the ordering of specific performance. The rights and remedies of the Parties will not be diminished, waivered, or extinguished by the granting of any indulgence, forbearance, or extension of time by the Disclosing Party to the Receiving Party nor by any failure of or delay by the Disclosing Party in ascertaining or exercising any such rights or remedies.
REMEDIES AND NO WAIVER. Singapore Online may (or may request its designated providers to) delay, suspend or cancel any Payment if Singapore Online reasonably concludes that your actions and/or performance in connection with these Terms or the Buyer Contract are likely to result, or have resulted, in a breach of any provision of these Terms or the Policies and/or any failure to perform any due obligation under these Terms, any disputes, chargebacks or other third party claims (including Buyer claims), or if there are any sums owed by you to Singapore Online, Singapore Online may withhold Payment for the longer of: (a) 90 days; (b) the completion of any investigation regarding your actions or performance; or (c) the resolution of any dispute. Where a Payment is cancelled, such Payment shall be forfeited to Singapore Online and you give up all claim and right to such monies. Any Payment made by Singapore Online to you will not in any way be considered as a waiver of Singapore Online's rights under these Terms.
REMEDIES AND NO WAIVER. Lazada may (or may request its designated providers to) delay, suspend or cancel any Payment if Lazada reasonably concludes that your actions and/or performance in connection with these Terms or the Buyer Contract are likely to result, or have resulted, in a breach of any provision of these Terms or the Policies and/or any failure to perform any due obligation under these Terms, any disputes, chargebacks or other third party claims (including Buyer claims), or if there are any sums owed by you to Lazada, Lazada may withhold Payment for the longer of: (a) 90 days; (b) the completion of any investigation regarding your actions or performance; or (c) the resolution of any dispute. Where a Payment is cancelled, such Payment shall be forfeited to Lazada and you give up all claim and right to such monies. Any Payment made by Xxxxxx to you will not in any way be considered as a waiver of Lazada's rights under these Terms.
REMEDIES AND NO WAIVER. 5.1 The limitations on liability applicable to the parties in the Services agreement shall apply to their liability under this Agreement (except in respect of express indemnification obligations under this Agreement). In addition, nothing in this Agreement excludes or limits any liability which cannot legally be excluded or limited including, but not limited to, liability for:
5.1.1 death or personal injury caused by negligence; and
5.1.2 fraud or fraudulent misrepresentation.
5.2 This clause 5.2 sets out specific heads of excluded loss:
5.2.1 Subject to clause 5.1, the types of loss listed in clause 5.2.2 are wholly excluded by the parties.
5.2.2 The Data Processor shall not be liable under this Agreement for:
5.2.2.1 loss of profits;
5.2.2.2 loss of sales or business;
5.2.2.3 loss of agreements or contracts;
5.2.2.4 loss of anticipated savings;
5.2.2.5 loss of use or corruption of software, data or information;
5.2.2.6 loss of or damage to goodwill;
5.2.2.7 any other type of special, indirect or consequential loss.
5.3 The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by Law or in equity.
5.4 A waiver of any right or remedy under this Agreement or by Law or in equity is only effective if given in writing and signed on behalf of the party giving it and any such waiver so given shall not be deemed a waiver of any similar or subsequent breach or default.
5.5 A failure or delay by a party in exercising any right or remedy provided under this Agreement or by Law or in equity shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law or in equity shall prevent or restrict the further exercise of that or any other right or remedy.
6 NOTICES 6.1 Any notice given to a party under or in connection with this Agreement shall be in writing in the English language and shall be sent by email to the Data Controller and Data Processor email address.
6.2 Any notice validly given in accordance with the foregoing clause shall be deemed to have been received the following Business Day.
7 GENERAL 7.1 The Processor shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement without the prior writt...
REMEDIES AND NO WAIVER. All the rights and remedies of GIT under this Agreement are distinct, separate and cumulative, and any mention or reference to one or more of them shall not be deemed to be an exclusion of or waiver of any right or remedy. GIT shall have to the fullest extent permitted by law the right to enforce any rights or remedies separately or cumulatively. No failure by GIT to enforce any provision of this Agreement nor any waiver of any right by GIT, unless in writing, shall discharge or invalidate such provision or affect the right of GIT to enforce the same or any subsequent default or breach of such provision. The waiver by GIT of any default by Licensee shall not constitute a waiver of any other such default then or thereafter occurring, and GIT shall have the right at any time thereafter to avail itself of any and all available remedies. The failure of GIT to insist upon strict compliance of any of the terms, covenants, and conditions hereof to be performed by Licensee shall not be deemed a waiver of any rights or remedies which GIT may have and shall not be deemed a waiver of any subsequent breach or default of any such terms, covenants, and conditions to be performed by Licensee.
REMEDIES AND NO WAIVER. 16.1 Without affecting its liability for breach of any of its obligations under this Contract, a Controller will be liable to the other co-signees for and must indemnify and keep the other co-signees indemnified against any fine that results from or arises out of the Controllers, or Processors engaged by the Controller, breach of Data Protection Law.
REMEDIES AND NO WAIVER. The failure on the part of Landlord to avail itself of any of the remedies under this Lease shall not be a waiver of the right of Landlord to avail itself of such remedies for similar or other breaches by Xxxxxx. Exercise of any of the rights or remedies with respect to default shall not preclude or affect subsequent exercise of such rights or remedies at different times for different defaults. Xxxxxxxx’s remedies shall be deemed cumulative and not alternative if so allowed by law.
