Common use of Waiver; Cumulative Rights Clause in Contracts

Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under this Agreement, its delay in enforcing any right, or its waiver of its rights on any occasion, will not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will constitute a waiver thereof. No waiver of any term of this Agreement will be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any rights and remedies of the parties are cumulative, not alternative.

Appears in 9 contracts

Samples: Terms and Conditions for Card Acceptance, Terms and Conditions for Card Acceptance, Terms and Conditions for Card Acceptance

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Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under this the Agreement, its delay in enforcing any right, or its waiver of its rights on any occasion, will shall not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will shall constitute a waiver thereof. No waiver of any term provision of this the Agreement will shall be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any All rights and remedies of the parties are cumulative, not alternative.

Appears in 9 contracts

Samples: Affiliate Member Agreement, American Express Card Acceptance Agreement, American Express Card Acceptance Agreement

Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under this Agreement, its delay in enforcing any right, or its waiver of its rights on any occasion, will not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will constitute a waiver thereof. No waiver of any term of this Agreement will be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any rights and remedies of the parties are cumulative, not alternative.

Appears in 2 contracts

Samples: Buyer Initiated Payments Acceptance Agreement, American Express Card Acceptance Agreement

Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under this Agreement, its delay in enforcing any right, or its waiver of its rights on any occasion, will not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will constitute a waiver thereof. No waiver of any term of this Agreement will be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any All rights and remedies of the parties are cumulative, not alternative.

Appears in 2 contracts

Samples: Card Services Agreement, Agreement for American Express Card Acceptance

Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under this Agreement, the Agreement or its delay in enforcing any rightright shall not constitute a waiver of its rights, or its nor shall either party’s waiver of its rights on any occasion, will not occasion constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will constitute constitutes a waiver thereofof those rights. No waiver of any term provision of this the Agreement will be is effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any All rights and remedies of the parties are cumulative, not alternative.

Appears in 1 contract

Samples: American Express Card Acceptance Agreement

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Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under this Agreement, its delay in enforcing any rightrights, or its waiver of its rights on any occasion, will not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will constitute a waiver thereof. No waiver of any term of this Agreement will be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any rights and remedies of the parties are cumulative, not alternative.

Appears in 1 contract

Samples: Terms and Conditions for Card Acceptance

Waiver; Cumulative Rights. Either party’s failure to exercise any of its rights under this the Agreement, its delay in enforcing any right, or its waiver of its rights on any occasion, will shall not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will constitute constitutes a waiver thereof. No waiver of any term provision of this the Agreement will be is effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any All rights and remedies of the parties are cumulative, not alternative.

Appears in 1 contract

Samples: Agreement for American Express Card Acceptance

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