Common use of Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies Clause in Contracts

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, modified, supplemented or terminated, and the terms hereof may be waived, only by written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 3 contracts

Samples: Multi Year Purchase and Sale Agreement, Confidential Treatment (American Railcar Industries, Inc.), Confidential Treatment (American Railcar Industries, Inc./De)

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Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement may be amended, superseded, modified, supplemented or terminated, and the terms hereof may be waived, only by written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity. Confidential Treatment has been requested for portions of this document marked with asterisks.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (American Railcar Industries, Inc./De), Purchase and Sale Agreement (American Railcar Industries, Inc./De)

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Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Agreement Amendment may be amended, superseded, modifiedcanceled, supplemented renewed or terminatedextended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any waiver on the part of any party of any such right, power or privilege, nor preclude any single further exercise thereof or partial the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Affirmative Insurance Holdings Inc

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