XXXXXXX AND REMEDIES. No failure or delay by the Parties in exercising any right or remedy provided by law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. The rights and remedies of the Parties under or pursuant to this Agreement are cumulative, may be exercised as often as such Party considers appropriate and are in addition to its rights and remedies under the general laws of India.
XXXXXXX AND REMEDIES. 26 Section 5.01
XXXXXXX AND REMEDIES. Except as otherwise stated in this Agreement, the rights and remedies of each party under this Agreement: (a) are in addition to and not exclusive of any other rights or remedies under this Agreement or the general law; and (b) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under this Agreement is not a waiver of that or any other right. Partial exercise of any right under this Agreement shall not preclude any further or other exercise of that right or any other right under this Agreement. Waiver of a breach of any term of this Agreement shall not operate as a waiver of breach of any other term or any subsequent breach of that term.
XXXXXXX AND REMEDIES. Except as otherwise stated in this Agreement, the rights and remedies of each party under this Agreement are in addition to and not exclusive of any other rights or remedies under this Agreement or the general law and may be waived only in writing and specifically. Waiver of a breach of any term of this Agreement shall not operate as a waiver of breach of any other term or any subsequent breach of that term.
XXXXXXX AND REMEDIES. 13.1 No waiver of any right under this Deed shall be effective unless in writing. Unless expressly stated otherwise a waiver shall be effective only in the circumstances for which it is given.
13.2 No delay or omission by any Party in exercising any right or remedy provided by law or under this Deed shall constitute a waiver or variation of such right or remedy or preclude its exercise at any subsequent time.
13.3 The single or partial exercise of a right or remedy under this Deed shall not preclude any other nor restrict any further exercise of any such right or remedy.
XXXXXXX AND REMEDIES. A breach of any term or provision of this Agreement shall be waived only by a written instrument of the Party or Parties entitled to the benefits thereof. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure by any of the Parties, on one or more occasions, to enforce or timely enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights or privileges hereunder. The rights and remedies provided in this Agreement are cumulative and none is exclusive of any other, or of any rights or remedies that any Party may otherwise have at Law or in equity. The rights and remedies of any Party based upon, arising out of or otherwise in respect of any inaccuracy or breach of any representation, Warranty, covenant or agreement or failure to fulfil any condition, shall in no way be limited by the fact that the act, omission, occurrence or other state of facts upon which any claim of any such inaccuracy or breach is based may also be the subject matter of any other representation, Warranty, covenant or agreement as to which there is no inaccuracy or breach.
XXXXXXX AND REMEDIES. Seller’s waiver of any breach or any failure to enforce any of the terms, conditions and specifications of this Agreement shall not in any way affect, limit or waive Seller’s right thereafter to enforce and compel strict compliance with every term, condition and specification thereof. No right of Seller under this Agreement shall be deemed waived unless evidenced in a written document signed by an authorized representative of Seller. All rights and remedies of Seller under this Agreement are cumulative and not exclusive of Seller’s other rights and remedies at law. No claim by Xxxxx for any damages shall exceed the purchase price of the Goods with respect to which such damages are claimed. SELLER SHALL HAVE NO LIABILITY TO BUYER, BUYER’S CUSTOMERS OR BUYER’S CONTRACTORS FOR LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
XXXXXXX AND REMEDIES. 1. Xxxxx agrees to pay the Seller triple stumpage damages for each merchantable tree that is cut in violation of the terms of this contract pursuant to Illinois Conservation Law (740 ILCS 185/ Wrongful Tree Cutting Act); however, this shall not be construed as permission to cut any tree(s) not designated by the Forester.
a. The Seller’s decision to assess damages as provided here and to allow the Buyer to continue performance under this contract shall not be construed as a waiver of other contract performance requirements.
2. The Buyer is liable for any damage to cropland, fields, and standing crops induced by the Buyer’s logging and hauling activities.
XXXXXXX AND REMEDIES. 1. The rights of each party under this Agreement may be exercised as often as necessary and are cumulative and not exclusive of its rights under the general law.
2. No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated to be such in writing and signed by both parties.
3. Any delay in exercising or non-exercise of any right is not a waiver of that right.
4. Any remedy or right conferred upon the parties for breach of this Agreement shall be in addition to and without prejudice to all other rights and remedies available to it.
XXXXXXX AND REMEDIES. 17.1 Except as otherwise stated in the Contract, the rights and remedies of each party under the Contract are in addition to and not exclusive of any other rights or remedies under the Contract or the general law and may be waived only in writing and specifically.
17.2 Delay in exercising or non-exercise of any right under the Contract is not a waiver of that or any other right.
17.3 Partial exercise of any right under the Contract shall not preclude any further or other exercise of that right or any other right under the Contract.
