Common use of REMEDIES AND NO WAIVER Clause in Contracts

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. 5.1 The Data Processor Supplier shall indemnify, defend and hold harmless NHS England North East and Yorkshire Region and the Data Controller data controller from and against all and any losses, claims, liabilities, costs, charges, expenses, awards and damages of any kind including any fines, fines and legal and other professional fees and expenses (irrespective of whether they were reasonably foreseeable or avoidable) 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 Supplier 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 Participation agreement shall not apply to the Data ProcessorSupplier's liability under the indemnity in this clause 5 (which shall be limited to £10,000,000unlimited). 5.3 5.2 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 5.3 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 5.4 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. 5.1 The Data Processor shall indemnify, defend and hold harmless the Data Controller Controllers from and against all and any losses, claims, liabilities, costs, charges, expenses, awards and damages of any kind including any fines, fines and legal and other professional fees and expenses (irrespective of whether they were reasonably foreseeable or avoidable) 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 Contract. For the avoidance of any doubt, any limitation of liability which applies under the Supply Service Level Agreement between the CCG and the Data Processor shall not apply to the Data Processor's liability under the indemnity in this clause 5 (which shall be limited to £10,000,000unlimited). 5.3 5.2 The rights and remedies provided under this Agreement Contract are in addition to, and not exclusive of, any rights or remedies provided by Law or in equity. 5.4 5.3 A waiver of any right or remedy under this Agreement Contract 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 5.4 A failure or delay by a party in exercising any right or remedy provided under this Agreement Contract 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 Contract or by Law or in equity shall prevent or restrict the further exercise of that or any other right or remedy.