WAIVERS, REMEDIES CUMULATIVE. There is no implied waiver of rights under this agreement. No failure or delay on the part of a party in exercising any of its rights under this agreement or in insisting upon strict performance of provisions of this agreement, no partial exercise by either party of any of its rights under this agreement, and no course of dealing between the parties shall constitute a waiver of the rights of any party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with this agreement. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.
Appears in 54 contracts
Samples: Development Agreement, Agreement Among the Department of Defense, the Department of the Air Force, and Knox County Wind Farm LLC, Agreement Among the Department of Defense, the Department of the Air Force, and Kingsmill Wind, LLC
WAIVERS, REMEDIES CUMULATIVE. There is no implied waiver of rights under this agreement. No failure or delay on the part of a party Party in exercising any of its rights under this agreement or in insisting upon strict performance of provisions of this agreement, no partial exercise by either party Party of any of its rights under this agreement, and no course of dealing between the parties Parties shall constitute a waiver of the rights of any party Party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party Party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with this agreement. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.
Appears in 13 contracts
Samples: Agreement Between the Department of Defense, the Department of the Air Force, and Streator Cayuga Ridge Wind Power LLC Regarding the Streator Cayuga Ridge Wind Repower Project, Agreement Between the Department of Defense and Providence Heights Wind LLC, Agreement Between the Department of Defense and Juniper Canyon Wind, LLC
WAIVERS, REMEDIES CUMULATIVE. There is no implied waiver of rights under this agreement. No failure or delay on the part of a party in exercising any of its rights under this agreement or in insisting upon strict performance of provisions of this agreement, no partial exercise by either party of any of its rights under this agreement, and no course of dealing between the parties shall constitute a waiver of the rights of any party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with this agreement. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.to
Appears in 2 contracts
Samples: Agreement Among the Department of Defense, the Department of the Air Force, and Indiana Crossroads Wind Farm Ii LLC, Agreement Among the Department of Defense, the Department of the Navy and Timbermill Wind, LLC Addressing the Timbermill Wind Project
WAIVERS, REMEDIES CUMULATIVE. There is no implied waiver of rights under this agreement. No failure or delay on the part of a party in exercising any of its rights under this agreement or in insisting upon strict performance of provisions of this agreement, no partial exercise by either party of any of its rights under this agreement, and no course of dealing between the parties shall constitute a waiver of the rights of any party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with complywith this agreement. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.any
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WAIVERS, REMEDIES CUMULATIVE. There is no implied waiver of rights ofrights under this agreement. No failure or delay on the part of a party paity in exercising any of its rights under this agreement or in insisting upon strict performance of provisions ofprovisions of this agreement, no partial exercise by either party of any of its rights under this agreement, and no course of dealing between the parties shall constitute a waiver of the rights of any party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with this agreement. The remedies provided in this agreement are cumulative and not exclusive of any ofany remedies provided by law.
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