Common use of Waiver; Remedies Cumulative Clause in Contracts

Waiver; Remedies Cumulative. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict performance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

Appears in 12 contracts

Samples: Operations and Maintenance Agreement, Professional Services Agreement, Professional Services Agreement

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Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement AGREEMENT by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this AgreementAGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 6 contracts

Samples: Agreement for Professional Design Services, Sample Consultant Agreement, Agreement for Professional Services

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 5 contracts

Samples: Service Agreement, Agreement for Professional Services, Agreement for Professional Services

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 5 contracts

Samples: Agreement, Agreement for Professional Services, Agreement

Waiver; Remedies Cumulative. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's ’s right to demand strict performance compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party Default shall be effective or binding upon such Party unless made in writing by such Party, Party and no such waiver shall be implied from any omissions omission by a Party to take any action with respect to such default or breachDefault. No express written waiver of a specified default or breach any Default shall affect any other default or breachDefault, or cover any other period of time, other than any default or breach Default and/or period of time specifiedspecified in such express waiver. All Except as provided in Section 26, all of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

Appears in 4 contracts

Samples: Development Agreement Napa Pipe, Development Agreement Napa Pipe, Development Agreement Napa Pipe

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 3 contracts

Samples: Agreement for Professional Services Code Enforcement Services, Agreement for Professional Services, Agreement for Professional Services General Plan Safety Element Update

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Party, party and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 3 contracts

Samples: An Agreement, An Agreement, An Agreement

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 3 contracts

Samples: CDBG Contracts, An Agreement, An Agreement

Waiver; Remedies Cumulative. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's ’s right to demand strict performance compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party Default shall be effective or binding upon such Party unless made in writing by such Party, Party and no such waiver shall be implied from any omissions omission by a Party to take any action with respect to such default or breachDefault. No express written waiver of a specified default or breach any Default shall affect any other default or breachDefault, or cover any other period of time, other than any default or breach Default and/or period of time specifiedspecified in such express waiver. All Except as provided in Section 20, all of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

Appears in 2 contracts

Samples: Development Agreement Caymus Vineyards, Development Agreement Caymus Vineyards

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Party, party and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, breach or cover any other period of timeperiod, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 1 contract

Samples: Agreement

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Waiver; Remedies Cumulative. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other another Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's ’s right to demand strict performance compliance by such other Party in the future. No waiver by a Party of a default or breach of the other Party Default shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions omission by a Party to take any action with respect to such default or breachDefault. No express written waiver of a specified default or breach any Default shall affect any other default or breachDefault, or cover any other period of time, other than any default or breach Default and/or period of time specifiedspecified in such express waiver. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

Appears in 1 contract

Samples: Development Agreement

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict Agreement for Professional Services performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 1 contract

Samples: Agreement for Professional Services

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's party’s right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 1 contract

Samples: www.ocpower.org

Waiver; Remedies Cumulative. Failure by a Party party to insist upon the strict performance of any of the provisions of this Agreement by the other Partyparty, irrespective of the Agreement for Professional Services length of time for which such failure continues, shall not constitute a waiver of such Partyparty's right to demand strict performance compliance by such other Party party in the future. No waiver by a Party party of a default or breach of the other Party party shall be effective or binding upon such Party party unless made in writing by such Partyparty, and no such waiver shall be implied from any omissions by a Party party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or of remedy.

Appears in 1 contract

Samples: Agreement for Professional Services

Waiver; Remedies Cumulative. Failure by a Party to insist upon the strict or timely performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's ’s right to demand strict performance compliance by such other Party in the future. No waiver by a Party of a default or breach any failure of the other Party performance, including an Event of Default, shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions omission by a Party to take any action with respect to such default or breachfailure. No express written waiver of a specified default or breach shall affect any other default action or breachinaction, or cover any other period of time, other than any default action or breach inaction and/or period of time specifiedspecified in such express waiver. All One or more written waivers under any provision of the remedies permitted this Agreement shall not be deemed to be a waiver of any subsequent action or inaction. Nothing in this Agreement shall limit or waive any other right or remedy available to a Party under this Agreement, to seek injunctive relief or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect other expedited judicial and/or administrative relief to any other permitted or available right or remedyprevent irreparable harm.

Appears in 1 contract

Samples: Hotel Development Agreement

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