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 party under this Agreement will not be effective unless it is in writing and signed by the party 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 in this Agreement, all remedies provided for in this Agreement shall be cumulative and m addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise. Notwithstanding the foregoing, no payment default by one party may be offset by a payment due to such party by the other party.

Waiver of Default; Cumulative Remedies. (a) i. 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 thereof. A waiver by either party Party under this Agreement will not be effective unless it is in writing and signed by the party Party granting the waiver. A waiver by a party 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) ii. Except as otherwise expressly provided in this Agreement, all remedies provided for in this Agreement shall be cumulative and m in addition to and not in lieu of any other remedies available to either party Party at law, in equity or otherwise. Notwithstanding the foregoing, no payment default by one party Party may be offset by a payment due to such party Party by the other partyParty.