Common use of WAIVER AND CUMULATIVE REMEDIES Clause in Contracts

WAIVER AND CUMULATIVE REMEDIES. 55.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 (notices). 55.3. A waiver of any Default is not a waiver of any subsequent Default. 55.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 36 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

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WAIVER AND CUMULATIVE REMEDIES. 55.164.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.264.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 12 (noticesNotices). 55.364.3. A waiver of any Default is not a waiver of any subsequent Default. 55.464.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 5 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 55.1β€Œ 24.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.224.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 15 (notices). 55.324.3. A waiver of any Default is not a waiver of any subsequent Default. 55.424.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 2 contracts

Samples: Public Service Contract, Public Service Contract

WAIVER AND CUMULATIVE REMEDIES. 55.156.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.256.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 (notices). 55.356.3. A waiver of any Default is not a waiver of any subsequent Default. 55.456.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 55.1. 54.1 Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.2. 54.2 Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 9 (notices). 55.3. 54.3 A waiver of any Default is not a waiver of any subsequent Default. 55.4. 54.4 The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 1 contract

Samples: Framework Agreement

WAIVER AND CUMULATIVE REMEDIES. 55.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 (notices). 55.3. A waiver of any Default is not a waiver of any subsequent Default. 55.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 1 contract

Samples: Services Contract

WAIVER AND CUMULATIVE REMEDIES. 55.1. 64.1 Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.2. 64.2 Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 Clause 11 (noticesNotices). 55.3. 64.3 A waiver of any Default is not a waiver of any subsequent Default. 55.4. 64.4 The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 1 contract

Samples: Services Contract

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WAIVER AND CUMULATIVE REMEDIES. 55.1. 65.1 Any failure of either Party to insist upon strict performance of any provision of the this Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the this Contract. 55.2. 65.2 Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 (noticesNotices). 55.3. 65.3 A waiver of any Default is not a waiver of any subsequent Default. 55.4. 65.4 The rights and remedies provided by the this Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 1 contract

Samples: Services Contract

WAIVER AND CUMULATIVE REMEDIES. 55.124.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.224.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 15 (notices). 55.324.3. A waiver of any Default is not a waiver of any subsequent Default. 55.424.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 1 contract

Samples: Public Service Contract

WAIVER AND CUMULATIVE REMEDIES. 55.156.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.256.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause 10 (notices). 55.356.3. A waiver of any Default is not a waiver of any subsequent Default. 55.456.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed d eemed an election of such remedy to the exclusion of other remedies.

Appears in 1 contract

Samples: Services Contract

WAIVER AND CUMULATIVE REMEDIES. 55.156.1. Any failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy does not constitute a waiver of that right or remedy and does not cause a diminution of the obligations established by the Contract. 55.256.2. Accordingly, no waiver is effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with clause Clause 10 (notices). 55.356.3. A waiver of any Default is not a waiver of any subsequent Default. 55.456.4. The rights and remedies provided by the Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy is not to be deemed an election of such remedy to the exclusion of other remedies.

Appears in 1 contract

Samples: Services Contract

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