Remedies and Waiver. All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.
Remedies and Waiver. The remedies provided in this Agreement shall be cumulative and in addition to all other remedies available under this Agreement or otherwise provided by law. Any delay by either Party in exercising or failing to exercise any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any rights or remedy under this Agreement or otherwise shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. Any waiver of a breach of any of the terms of this Agreement or of any default hereunder shall not be deemed to be a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.
Remedies and Waiver. 25.1 The delay or failure of either Party at any time in exercising any right, power or remedy provided by law or under this agreement shall in no way:
(A) affect that right, power or remedy; or
(B) operate as a waiver of it.
25.2 The single or partial exercise of any right, power or remedy provided by law or under this Agreement shall not preclude any other or further exercise of it or the exercise of any other right, power or remedy.
25.3 The rights, powers and remedies provided in this Agreement are cumulative and not exclusive of any rights, powers and remedies provided by law.
25.4 The Parties acknowledge that each of them has had adequate opportunity and bargaining strength to review, negotiate and revise this Agreement to its satisfaction. They each expressly agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement.
Remedies and Waiver. The remedies provided in this Agreement are not exclusive and the Party suffering from a breach or default of this Agreement may pursue all other remedies, both legal and equitable, alternatively or cumulatively. No express or implied waiver by a Party of any breach or default will be construed as a waiver of a future or subsequent breach or default. The failure or delay of any Party in exercising any of its rights under this Agreement will not constitute a waiver of any such right, and any single or partial exercise of any particular right by any Party will not exhaust the same or constitute a waiver of any other right provided in this Agreement.
Remedies and Waiver. All rights and remedies of Buyer under this Purchase Order shall be cumulative and in addition to any other rights and remedies available to Buyer under any other valid agreement with Seller or any applicable law. No waiver of any breach of the provisions of this Purchase Order shall be deemed a waiver of any other or further breach.
Remedies and Waiver. No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by Law or in equity.
Remedies and Waiver. No waiver by a party of any breach of any of the provisions in this Agreement shall be effective unless given in writing. Failure or delay by any party in exercising any right, power or remedy of that party under this Agreement shall not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by any party of any right, power or remedy under this Agreement shall not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy. S4C’s rights powers and remedies provided in this Agreement are cumulative and not exclusive of any rights, powers and remedies provided by law. Any waiver of any breach of or default under any terms of this Agreement shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.
Remedies and Waiver. 4.1 The Counterparty acknowledges and agrees that any breach of its obligations under this Agreement shall entitle Sarawak Energy to seek immediate relief, to the fullest extent permitted under any applicable Laws.
4.2 The Counterparty further acknowledges and agrees that any breach of its obligations under this Agreement may cause Sarawak Energy irreparable harm, loss, injury or damage (including damage to Sarawak Energy’s reputation), the extent of which may be impossible to ascertain and which cannot be fully compensated through the payment of monetary damages.
4.3 In addition to any other remedies that Sarawak Energy may have at law, the Counterparty acknowledges that Sarawak Energy is entitled to seek immediate injunctive relief against the Counterparty to prevent any further or continuing breach of the Counterparty’s obligations under this Agreement.
4.4 The Counterparty specifically acknowledges and agrees that any breach of this Agreement shall entitle Sarawak Energy, in its absolute discretion, to prohibit the Counterparty from participating in any future tender and / or procurement exercises with Sarawak Energy, without any recourse or right of compensation against Sarawak Energy.
Remedies and Waiver. No failure or delay in exercising any right hereunder shall operate as a waiver of or impair any such right. No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other right. Any waiver must be given in writing to be effective, and no waiver shall be deemed a waiver of any other right.
Remedies and Waiver. The remedies herein reserved shall be cumulative and additional to any other and further remedies provided in law or equity. No waiver by Cadence of any breach of this Agreement or the granting of an extension for performance hereunder shall be deemed to be a waiver of any other or subsequent breach. No failure on the part of Cadence in exercising any right or remedy hereunder, or as provided by law or in equity, shall impair, prejudice or constitute a waiver of any such right or remedy, or shall be construed as a waiver of any Event of Default or as acquiescence therein. No single or partial exercise of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. No acceptance of partial payment or performance of any of Seller’s obligations hereunder shall constitute a waiver of any Event of Default or a waiver or release of payment or performance in full by Seller of any such obligation. All rights and remedies of Cadence hereunder and at law and in equity shall be cumulative and not mutually exclusive and the exercise of one shall not be deemed a waiver of the right to exercise any other. Nothing contained in this Agreement shall be construed to limit any right or remedy of Cadence now or hereafter existing at law or in equity.
