Common use of Waiver of Breach, Right or Remedy Clause in Contracts

Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (i) shall not waive or be construed to waive any subsequent breach or violation of the same provision (ii) shall not waive or be construed to waive a breach or violation of any other provision, and (iii) must be express and must be in writing and may not be presumed or inferred from any Party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Radiologix Inc), Purchase and Contribution Agreement (Radiologix Inc)

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Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (i) shall not waive or be construed to waive any subsequent breach or violation of the same provision provision, (ii) shall not waive or be construed to waive a breach or violation of any other provision, and (iii) must be express and must be in writing and may not be presumed or inferred from any Party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Radiologix Inc)

Waiver of Breach, Right or Remedy. The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted of the waiving Party in this Agreement (ia) shall not waive or be construed to waive any subsequent breach or violation of the same provision provision, (iib) shall not waive or be construed to waive a breach or violation of any other provision, and (iiic) must be express and must shall be in writing and may not be presumed or inferred from any Party’s 's conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right of such waiving Party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nucor Corp)

Waiver of Breach, Right or Remedy. The waiver by any Party party of any breach or violation by another Party party of any provision of this Agreement or of any right or remedy permitted of the waiving Party party in this Agreement (ia) shall not waive or be construed to waive any subsequent breach or violation of the same provision provision, (iib) shall not waive or be construed to waive a breach or violation of any other provision, and (iiic) must be express and must shall be in writing and may not be presumed or inferred from any Party’s party's conduct. Except as expressly provided otherwise in this Agreement, Agreement no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party party shall not constitute a waiver of the right of such waiving party to pursue other available remedies. In addition to any other rights and remedies any Party may have at law or in equity for breach of this Agreement, each Party shall be entitled to seek an injunction to enforce the provisions of this Agreement.

Appears in 1 contract

Samples: And Amended Service Agreement (Nextcard Inc)

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Waiver of Breach, Right or Remedy. The waiver by any Party party of any breach or violation by another Party party of any provision of this Agreement or of any right or remedy permitted of the waiving Party party in this Agreement (ia) shall not waive or be construed to waive any subsequent breach or violation of the same provision provision, (iib) shall not waive or be construed to waive a breach or violation of any other provision, and (iiic) must be express and must shall be in writing and may not be presumed or inferred from any Partyparty’s conduct. Except as expressly provided otherwise in this Agreement, Agreement no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party party shall not constitute a waiver of the right of such waiving party to pursue other available remedies. In addition to any other rights and remedies any Party party may have at law or in equity for breach of this Agreement, each Party party shall be entitled to seek an injunction to enforce the provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nucor Corp)

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