Waiver, Rights and Remedies Clause Samples
The Waiver, Rights and Remedies clause defines how the parties’ rights and remedies under the contract are preserved or affected by their actions or inactions. Typically, this clause clarifies that if one party chooses not to enforce a particular right or remedy at a given time, it does not mean they have permanently given up that right or remedy for the future. For example, if a party overlooks a minor breach, they can still enforce the contract strictly later. The core function of this clause is to prevent the unintended loss of contractual rights and to ensure that parties retain their legal options even if they do not immediately act on every issue.
Waiver, Rights and Remedies. No failure or delay by any Party in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right, power or remedy under this Agreement by any Party shall preclude any further exercise thereof or the exercise of any other right, power or remedy by that Party. Without limiting the foregoing, no waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.
Waiver, Rights and Remedies. No failure on the part of either party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
Waiver, Rights and Remedies. Neither Consultant’s nor the Company’s failure to exercise any right under this Agreement shall constitute a waiver of any other term or condition of this Agreement with respect to any other preceding, concurrent, or subsequent breach, nor shall it constitute a waiver by the Company or Consultant of its rights at any time thereafter to require exact and strict compliance with any of the terms of this Agreement. The rights and remedies set forth in this Agreement shall be in addition to any other rights or remedies which may be granted by law.
Waiver, Rights and Remedies. Neither Consultant’s nor Company’s failure to exercise any right under this Agreement shall constitute a waiver of any other term or condition of this Agreement with respect to any other preceding, concurrent or subsequent breach, nor shall it constitute a waiver by the Company or Consultant of its rights at any time thereafter to require exact and strict compliance with any of the terms of this Agreement. The rights and remedies set forth in this Agreement shall be in addition to any other rights or remedies which may be granted by law. Save the World Air, Inc.
Waiver, Rights and Remedies. 18.1 Unless otherwise expressly provided in the Agreement, no waiver, failure or delay by any Party in exercising any right, power or remedy hereunder or under any other Transaction Documents shall be deemed as a waiver thereof, nor shall preclude any future exercise of such right, power or remedy and no single or partial exercise of any such right, power or remedy shall preclude any other or future exercise thereof.
Waiver, Rights and Remedies. (a) Except as expressly provided in this Agreement, no failure or delay by any party in exercising any right or remedy relating to this Agreement shall affect or operate as a waiver or variation of that right or remedy or preclude its exercise at any subsequent time. No single or partial exercise of any such right or remedy shall preclude any further exercise of it or the exercise of any other remedy.
(b) Each of the parties acknowledges that the other parties may be irreparably harmed by any breach of the terms of this Agreement and that damages alone may not necessarily be an adequate remedy. Accordingly, any party shall be entitled to seek the remedies of final or interim injunction, specific performance and other equitable relief, or any combinations of these remedies, for any potential or actual breach of the terms of this Agreement.
(c) Nothing in this Agreement shall exclude any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
(d) Except as expressly stipulated in this Agreement, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B). To the extent this Agreement expressly grants rights to third parties, the parties to this Agreement shall be permitted to change or exclude such rights at any time without the consent of the respective third party.
Waiver, Rights and Remedies. This Amendment shall not prejudice any right or remedy of Agent or the Lenders and shall not be deemed a waiver of any right or remedy, except with respect to the Specified Defaults specifically described herein. Agent and the Lenders expressly reserve all of the rights and remedies with respect to any other present or future default or event of default arising under the Credit Agreement, including, without limitation, any failure to make any payment on the Obligations from and after the date hereof, or failure to perform any other obligation of Borrower or any other entity affiliated or under common control with Borrower to Agent or the Lenders. This Amendment shall be binding on, and inure to the benefit of, the parties and their respective successors, heirs and assigns.
Waiver, Rights and Remedies. No exercise or failure to exercise or delay in exercising any right or remedy will constitute a waiver by any party to any right or remedy available to that party. The rights or remedies under this Agreement are in addition to any rights or remedies available by law.
Waiver, Rights and Remedies. Neither the Contractor's nor TerraPower's failure to exercise any right under this Agreement will constitute a waiver of any term or condition of this Agreement with respect to any other preceding, concurrent, or subsequent breach, nor will it constitute a waiver by TerraPower or the Contractor of its rights at any time thereafter to require exact and strict compliance with any of the terms of this Agreement. The rights and remedies specified in this Agreement are in addition to any other rights or remedies that may be granted by law.
Waiver, Rights and Remedies. Unless otherwise expressly provided in this Agreement, either party does not, or fails, or delays to exercise any rights, power or remedies under this Agreement or any transaction documents, shall not be deemed as waiving such rights, power or remedies, and shall also not impede exercising such rights, power or remedies at any subsequent time. Single or partial exercise of any such rights, power or remedial action shall not prevent further exercise.