Common use of WAIVER AND CUMULATIVE REMEDIES Clause in Contracts

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 26 contracts

Samples: Ict Services Framework Agreement, Framework Agreement, Framework Agreement

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WAIVER AND CUMULATIVE REMEDIES. 35.1 38.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 46 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 38.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 15 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement for the Provision of Management Consultancy Services

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 45 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 12 contracts

Samples: Technology Services Framework Agreement, Technology Services Framework Agreement, Fm Assurance Services Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 37.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 45 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 37.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 11 contracts

Samples: Vehicle Purchase Framework Agreement, Vehicle Purchase Framework Agreement, Vehicle Purchase Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 46 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 8 contracts

Samples: Language Services Framework Agreement, Framework Agreement, Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 6 contracts

Samples: Framework Agreement, Managed Email Framework Agreement, Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 44 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 3 contracts

Samples: Technology Services Framework Agreement, Technology Services Framework Agreement, Facilities Management Services Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 126 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 30.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 36 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 30.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 2 contracts

Samples: Network Services Framework Agreement, Network Services Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 41 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 2 contracts

Samples: Framework Agreement, Enterprise Application Support Services Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 36.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 44 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 36.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 2 contracts

Samples: Framework Agreement for the Supply of Non Medical Non Clinical (Nmnc) Temporary and Fixed Term Staff, Framework Agreement for the Supply of Non Medical Non Clinical (Nmnc) Temporary and Fixed Term Staff

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 411 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 2 contracts

Samples: Framework Agreement for Consultancy Services, Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 33.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 41 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 33.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 122 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Vehicle Purchase Framework Agreement

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WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 35 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Cloud Compute Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 40 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Framework Agreement for Short Films

WAIVER AND CUMULATIVE REMEDIES. 35.1 38.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 46 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Framework Agreement for the Provision of Apprenticeship Training and Related Services

WAIVER AND CUMULATIVE REMEDIES. 35.1 25.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 33 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 25.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Freight Capacity Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 98 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 . Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 40.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 48 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 40.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Framework Agreement for the Provision of Managed Learning Service

WAIVER AND CUMULATIVE REMEDIES. 35.1 38.1. The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 46 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereof. 35.2 38.2. Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 35.1 37.1 The rights and remedies under this Framework Agreement may be waived only by notice in accordance with Clause 43 46 (Notices) and in a manner that expressly states that a waiver is intended. A failure or delay by a Party in ascertaining or exercising a right or remedy provided under this Framework Agreement or by Law shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise thereofof it. 35.2 37.2 Unless otherwise provided in this Framework Agreement, rights and remedies under this Framework Agreement are cumulative and do not exclude any rights or remedies provided by Law, in equity or otherwise.

Appears in 1 contract

Samples: Framework Agreement

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