Common use of WAIVERS, RIGHTS AND REMEDIES Clause in Contracts

WAIVERS, RIGHTS AND REMEDIES. 18.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 6 contracts

Samples: Amendment and Restatement Agreement, Amendment and Restatement Agreement, Co Operation Agreement (Take Two Interactive Software Inc)

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WAIVERS, RIGHTS AND REMEDIES. 18.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 6 contracts

Samples: Cooperation Agreement, Co Operation Agreement (Electronic Arts Inc.), Co Operation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 21.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 21.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 21.3 Without prejudice to any other rights or remedies that the other party parties may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry parties may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 2 contracts

Samples: Cooperation Agreement, Cooperation Agreement (Michael Kors Holdings LTD)

WAIVERS, RIGHTS AND REMEDIES. 18.1 The rights and remedies provided for in this Agreement agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 No failure to exercise, or delay in exercising, any right under this Agreement agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement agreement or provided by Law shall not preclude any further exercise of it. 18.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement agreement and that accordingly the other parry party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreementagreement.

Appears in 2 contracts

Samples: Cooperation Agreement, Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 (a) The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 (b) No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 (c) Without prejudice to any other rights or remedies that the other party Party may have, each party Party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry Party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party Party and no proof of special damages shall be necessary for the enforcement by any party Party of the rights under this AgreementAgreement to the requesting parties.

Appears in 2 contracts

Samples: Co Operation Agreement, Co Operation Agreement (PARETEUM Corp)

WAIVERS, RIGHTS AND REMEDIES. 18.1 23.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 23.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 23.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 2 contracts

Samples: Cooperation Agreement (Barrick Gold Corp), Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 16.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 16.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 16.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 (a) The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 (b) No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 (c) Without prejudice to any other rights or remedies that the other party Party may have, each party Party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry Party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party Party and no proof of special damages shall be necessary for the enforcement by any party Party of the rights under this AgreementAgreement to the requesting Parties. (d) In no event shall either Party be liable to the other Party for any indirect or consequential loss or damages including, without limitation, loss of profits.

Appears in 1 contract

Samples: Implementation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 20.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 20.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 20.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 Without prejudice to any other rights or remedies that the other party any Party may have, each party Party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the each other parry Party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party Party and no proof of special damages shall be necessary for the enforcement by any party Party of the rights under this Agreement.

Appears in 1 contract

Samples: Co Operation Agreement

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WAIVERS, RIGHTS AND REMEDIES. 18.1 β€Œ 24.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 24.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 24.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 19.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 19.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 19.3 Without prejudice to any other rights or remedies that the other party any Party may have, each party Party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the each other parry Party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party Party and no proof of special damages shall be necessary for the enforcement by any party Party of the rights under this Agreement.

Appears in 1 contract

Samples: Co Operation Agreement (Schweitzer Mauduit International Inc)

WAIVERS, RIGHTS AND REMEDIES. 18.1 17.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 17.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 17.3 Without prejudice to any other rights or remedies that the other party parties may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry parties may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 19.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwiseotherwise and may be delayed, released or waived only in writing and specifically. 18.2 19.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 19.3 Without prejudice to any other rights or remedies that the other party may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry party may be entitled, without proof of special damages, to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. β€Œ 18.1 The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 Without prejudice to any other rights or remedies that the other party parties may have, each party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry parties may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.

Appears in 1 contract

Samples: Cooperation Agreement

WAIVERS, RIGHTS AND REMEDIES. 18.1 (a) The rights and remedies provided for in this Agreement are cumulative and not exclusive of any other rights or remedies, whether provided by Law or otherwise. 18.2 (b) No failure to exercise, or delay in exercising, any right under this Agreement or provided by Law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by Law shall not preclude any further exercise of it. 18.3 (c) Without prejudice to any other rights or remedies that the other party Party may have, each party Party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of this Agreement and that accordingly the other parry Party may be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement by any party Party and no proof of special damages shall be necessary neces sary for the enforcement by any party Party of the rights under this AgreementAgreement to the requesting parties.

Appears in 1 contract

Samples: Co Operation Agreement

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