Common use of Waiver of Default; Cumulative Remedies Clause in Contracts

Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All waivers must be in writing and signed by the Party waiving its rights. (b) Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise.

Appears in 5 contracts

Samples: Remote Resourcing Agreement (Healthaxis Inc), Remote Resourcing Agreement (Prescient Applied Intelligence, Inc.), Information Technology Services Agreement (Ace LTD)

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Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party hereto party to exercise any right or power under this Agreement (and/or any SOW hereunder) shall not be construed to be a waiver thereof. A waiver by either of the Parties hereto parties of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All waivers must be in writing and signed by the Party waiving its rights. (b) Except as otherwise expressly provided herein, all remedies provided for in this Agreement and any SOW shall be cumulative and in addition to and not in lieu of any other remedies available to either Party party at law, law or in equity or otherwiseequity.

Appears in 4 contracts

Samples: Global Master Services Agreement, Global Master Services Agreement (Dun & Bradstreet Corp/Nw), Global Master Services Agreement (Dun & Bradstreet Corp/Nw)

Waiver of Default; Cumulative Remedies. (a) A Except as otherwise expressly provided herein, a delay or omission by either Party hereto party to exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties hereto parties of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All waivers must be in writing and signed by the Party waiving its rights. (b) Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party party at law, law or in equity or otherwiseequity.

Appears in 1 contract

Samples: Processing Services Agreement (Capital One Financial Corp)

Waiver of Default; Cumulative Remedies. (a) A 13.10.1 Except as otherwise provided herein or in the Schedules, a delay or omission by either Party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All waivers must be in writing and signed by the Party waiving its rights. (b) 13.10.2 Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise.

Appears in 1 contract

Samples: Master Services Agreement (Morris Publishing Group LLC)

Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver thereofhereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall party under this Agreement will not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All waivers must be effective unless it is in writing and signed by the Party waiving its rightsparty granting the waiver. A waiver by a party of a right under, or breach of, this Agreement will not be construed to operate as a waiver of any other or successive rights under, or breaches of, this Agreement. (b) Except as otherwise expressly provided hereinin this Agreement, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party party at law, in equity or otherwise.

Appears in 1 contract

Samples: Transition Services Agreement (Stockwalk Com Group Inc)

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Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not Ace/IBM Proprietary Information 74 be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All waivers must be in writing and signed by the Party waiving its rights. (b) Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise.

Appears in 1 contract

Samples: Information Technology Services Agreement (Ace LTD)

Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained. All waivers must be in writing and signed by the Party waiving its rights. (b) . Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise.

Appears in 1 contract

Samples: Services Agreement (Williams Sonoma Inc)

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