Common use of Xxxxxxx; Remedies Cumulative Clause in Contracts

Xxxxxxx; 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 29 contracts

Samples: Development Agreement, Agreement Among the Department of Defense, the Department of the Air Force, and Roadrunner Crossing Wind Farm, LLC, Agreement Among the Department of Defense, the Department of the Air Force, and Sunzia Wind North LLC

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