Common use of Waivers; Cumulative Remedies Clause in Contracts

Waivers; Cumulative Remedies. No failure or delay by a party to insist upon the strict performance of any term or condition under this Agreement or to exercise any right or remedy available under this Agreement at law or in equity, shall imply or otherwise constitute a waiver of such right or remedy, and no single or partial exercise of any right or remedy by any party will preclude exercise of any other right or remedy. All rights and remedies provided in this Agreement are cumulative and not alternative; and are in addition to all other available remedies at law or in equity.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Compucredit Corp), Auto Loan Purchase and Sale Agreement (E Loan Inc), Auto Loan Purchase and Sale Agreement (E Loan Inc)

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Waivers; Cumulative Remedies. No failure or delay by a party on the part of Company to insist upon the strict performance of any term or condition under this Agreement or to exercise any right or remedy available under this Agreement at law or in equity, shall imply or otherwise constitute a waiver of such right or remedy, and no single or partial exercise of any right or remedy by any party Party will preclude exercise of any other right or remedy. All rights and remedies provided in this Agreement are cumulative and not alternative; and are in addition to all other available remedies at law or in equity.

Appears in 2 contracts

Samples: Collection Services Agreement (Prosper Marketplace Inc), Collection Services Agreement (Prosper Marketplace Inc)

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Waivers; Cumulative Remedies. No A failure or delay by a party to insist upon the strict performance Party in exercising any of any term its rights or condition remedies under this Agreement or to exercise any right or remedy available under this Agreement at law or in equity, shall imply or otherwise does not constitute a waiver of such right the rights or remedyremedies, and no nor does any single or partial exercise of any right or remedy by preclude any party will preclude other or further exercise thereof or the exercise of any other right or remedy. All The rights and remedies of the Parties provided in this Agreement are cumulative and not alternative; and are in addition to all other available exclusive of any rights or remedies at law or in equityprovided by law.

Appears in 1 contract

Samples: Master License Agreement (Tokai Pharmaceuticals Inc)

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