Waiver and exercise of rights. (a) A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right. (b) No failure or delay by either Party to exercise any right or remedy under this Agreement may be construed or operate as a waiver or be evidence of delay, laches or acquiescence in equity or at law in respect of such right or remedy. (c) A waiver or consent by any Party of any default or breach of any term of this Agreement does not constitute a waiver of succeeding defaults or breaches of the same or any other term. (d) A Party’s election not to exercise any rights under this Agreement does not prejudice any other rights which that Party may have against the other Party arising out of any failure by the other Party to comply with this Agreement.
Appears in 35 contracts
Samples: Train Operations Agreement, Operator Access Agreement, Access Agreement
Waiver and exercise of rights. (a) A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.
(b) No failure or delay by either Party to exercise any right or remedy under this Agreement may be construed or operate as a waiver or be evidence of delay, laches or acquiescence in equity or at law in respect of such right or remedy.
(c) A waiver or consent by any Party of any default or breach of any term of this Agreement does not constitute a waiver of succeeding later defaults or breaches of the same or any other term.
(d) A Party’s election not to exercise any rights under this Agreement does not prejudice any other rights which that Party may have against the other Party arising out of any failure by the other Party to comply with this Agreement.
Appears in 10 contracts
Samples: Standard Access Agreement, Standard Access Agreement, Access Agreement
Waiver and exercise of rights.
(a) A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.
(b) No failure or delay by either Party to exercise any right or remedy under this Agreement may be construed or operate as a waiver or be evidence of delay, laches or acquiescence in equity or at law in respect of such right or remedy.
(c) A waiver or consent by any Party of any default or breach of any term of this Agreement does not constitute a waiver of succeeding later defaults or breaches of the same or any other term.
(d) A Party’s election not to exercise any rights under this Agreement does not prejudice any other rights which that Party may have against the other Party arising out of any failure by the other Party to comply with this Agreement.
Appears in 4 contracts
Samples: Access Agreement, Standard Access Agreement, Access Agreement
Waiver and exercise of rights. (a) A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.
(b) No failure or delay by either Party to exercise any right or remedy under this Agreement may be construed or operate as a waiver or be evidence of delay, laches or acquiescence in equity or at law in respect of such right or remedy.
(c) A waiver or consent by any Party of any default or breach of any term of this Agreement does not constitute a waiver of succeeding defaults or breaches of the same or any other term.
(d) A Party’s Party‟s election not to exercise any rights under this Agreement does not prejudice any other rights which that Party may have against the other Party arising out of any failure by the other Party to comply with this Agreement.
Appears in 2 contracts
Samples: Train Operations Agreement, End User Access Agreement
