Common use of WAIVER AND CUMULATIVE REMEDIES Clause in Contracts

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 159 contracts

Samples: Master Subscription Agreement, Privacy Policy, Subscription Agreement

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WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 25 contracts

Samples: Subscription Services Agreement, Master Professional Services Agreement, Professional Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 24 contracts

Samples: License Agreement, Subscription Agreement, Customer Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right. A waiver shall only be effective in writing executed by the party granting the waiver. Other than as expressly stated herein, the any remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 23 contracts

Samples: Merchant Terms & Conditions, Merchant Terms & Conditions, Merchant Terms & Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equityParty.

Appears in 20 contracts

Samples: Software and Services Subscription Agreement, Software and Services Subscription Agreement, Software and Services Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 14 contracts

Samples: Glovia Om Combined Solution Service Agreement, Event Registration Agreement, Glovia Om Combined Solution Service Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 12 contracts

Samples: Voluntary Collection Agreement, Voluntary Collection Agreement, Voluntary Collection Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 11 contracts

Samples: Main Subscription Agreement, Base Saas Terms of Service, Base Saas Terms of Service

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right or any other right. Other than as expressly stated hereinstated, the remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 10 contracts

Samples: Universal Main Subscription Agreement, Universal Main Subscription Agreement, Universal Main Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either on the part of any party to this Agreement in exercising any right under this Agreement right, power or remedy hereunder shall constitute operate as a waiver thereof; nor shall any single or partial exercise of that any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. Other than as expressly stated herein, the The remedies herein provided herein are in addition to, cumulative and not exclusive of, of any other remedies of a party at law or in equityprovided by law.

Appears in 10 contracts

Samples: Subscription Agreement (Show King Holdings Inc.), Subscription Agreement (Show King Holdings Inc.), Subscription Agreement (Show King Holdings Inc.)

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 9 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement AGREEMENT shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 9 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 6 contracts

Samples: Terms of Service, Terms of Service, Service Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated hereintherein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 5 contracts

Samples: License Agreement, License Agreement, License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 4 contracts

Samples: Saas Agreement, Master Subscription and Services Agreement, Master Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of available to a party at law or in equity.

Appears in 4 contracts

Samples: Terms of Service, End User License Agreement, End User License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right rights under this the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein in the Terms of Service are in addition to, and not exclusive ofexclusive, of any other remedies of a party at law or in equity.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law Law or in equity.

Appears in 3 contracts

Samples: Customer Agreement, Customer Terms of Use, Customer Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equityunder applicable laws.

Appears in 3 contracts

Samples: License Agreement, License Agreement, Agency Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity. No claim or action arising out of this Agreement may be asserted by either Party more than 1 year after the date on which such Party has actual knowledge of the material facts upon which the claim or action is based; such limitation will not extend any applicable statute of limitations.

Appears in 2 contracts

Samples: Main Services Agreement, Online Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these Terms and Conditions shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement or Your Order Form shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Master Subscription License Agreement, Master Subscription License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Confidentiality Agreement, Data Assessment Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated hereinin this Agreement, the remedies provided herein referred to in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Terms of Service, Web Application Services and Hosting Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall Addendum will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these CLAs shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party a Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated hereinstated, the remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Airbnb Experience Ambassador Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party a Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Customer Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equityinequity.

Appears in 1 contract

Samples: Professional Services

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WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law Law or in equity.

Appears in 1 contract

Samples: Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Mutual Non Disclosure Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute constitutes a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Continuent Standard Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall these PS Terms will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Professional Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than Except as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Client Staffing Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either any party in exercising any right or remedy under this Agreement shall constitute a waiver of that rightright or remedy or any other right or remedy. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right right, power or remedy under this Agreement shall constitute a waiver of that right, power or remedy. Other than as expressly stated hereinin this Agreement, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Subscriber Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement these Terms and Conditions shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies a Party may have in terms of a party at law or in equitythe law.

Appears in 1 contract

Samples: Standard Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising or enforcing any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Cloud Support Services Master Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated hereinin these Terms and Conditions, the remedies provided herein under the Agreement are in addition to, and not exclusive of, any other remedies of a party Party may be entitled to seek at law or in equity.

Appears in 1 contract

Samples: Pagefreezer Services Subscription Terms for Government

WAIVER AND CUMULATIVE REMEDIES. No failure or delay The waiver by either party in exercising Party of any right provided under this Agreement shall not constitute a subsequent or continuing waiver of that rightsuch right or of any other right under this Agreement. Other than as expressly stated herein, the The remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party may have at law or in equity.

Appears in 1 contract

Samples: Master Services and License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement the XXXX shall constitute a waiver of that right. Other than as expressly stated hereinin the XXXX, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equityunder applicable laws.

Appears in 1 contract

Samples: End User License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. 9. Questions

Appears in 1 contract

Samples: Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.Party. 15.6

Appears in 1 contract

Samples: Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right right, power, or remedy under this Agreement shall constitute a waiver of that right, power, or remedy. Other than as expressly stated hereinin this Agreement, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Subscriber Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these Terms and Conditions shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided pro- vided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No Except as noted in Section 4.4 (Minor Changes to this Agreement), no failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated hereinin this Agreement, the remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other Ot her than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any an y other remedies of a party at law or in equityParty.

Appears in 1 contract

Samples: Software and Services Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute constitutes a waiver of that right. Other than as expressly stated herein, the remedies provided pro- vided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Continuent Standard Terms and Conditions

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