Waiver and Remedies. No failure or delay on the part of either Party in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving Party, and will be valid only in the specific instance in which given. Except as may be expressly provided otherwise in this Agreement, no right or remedy conferred upon or reserved by either Party under this Agreement is intended to be, or will be deemed, exclusive of any other right or remedy under this Agreement, at law, or in equity, but will be cumulative of such other rights and remedies.
Appears in 11 contracts
Samples: Terms of Service, Customer Terms and Conditions, Terms of Service
Waiver and Remedies. No failure or delay on the part of either Party in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving Party, and will be valid only in the specific instance in which given. Except as may be expressly provided otherwise in this inthis Agreement, no right or remedy conferred upon or reserved by either Party under this Agreement is intended to be, or will be deemed, exclusive of any other right or remedy under this Agreement, at law, or in equity, but will be cumulative of such other rights and remedies.
Appears in 4 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Waiver and Remedies. No failure or delay on the part of either Party in exercising any right or remedy hereunder will shall operate as a waiver thereof, nor will shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving Party, and will shall be valid only in the specific instance in which given. Except as may be expressly provided otherwise in this Agreement, no right or remedy conferred upon or reserved by either Party under this Agreement is intended to be, or will shall be deemed, exclusive of any other right or remedy under this Agreement, at lawLaw, or in equity, but will shall be cumulative of such other rights and remedies.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Waiver and Remedies. No waiver of any breach of any provision of this Agreement shall Constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. No failure or delay on by a party to insist upon the part strict performance of either Party in exercising any conditions under this Agreement or to exercise any right or remedy hereunder will operate as available under this Agreement at law or in equity, and no course of deciding between the parties, shall simply or otherwise constitute a waiver thereofwallet of such right or remedy, nor will any and no single or partial exercise of any such right or remedy by any party will preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving Party, All rights and will be valid only in the specific instance in which given. Except as may be expressly remedies provided otherwise in this Agreement, no right or remedy conferred upon or reserved by either Party under this Agreement is intended are cumulative and not alternative; and are in addition to be, or will be deemed, exclusive of any all other right or remedy under this Agreement, available remedies at law, law or in equity, but will be cumulative of such other rights and remedies.
Appears in 1 contract
Samples: Merchant Services Agreement
Waiver and Remedies. No failure or delay on the part of either Party party in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving Partyparty, and will be valid only in the specific instance in which given. Except as may be expressly provided otherwise in this Agreement, no right or remedy conferred upon or reserved by either Party party under this Agreement is intended to be, or will be deemed, exclusive of any other right or remedy under this Agreementhereunder, at law, or in equity, but will be cumulative of such other rights and remedies.
Appears in 1 contract
Samples: Terms of Service