Remedies. Xxxxx'x remedies shall be cumulative and remedies specified herein do not exclude any remedies allowed in law or equity. Waiver of any breach shall be specified in writing by Xxxxx’x authorized representative and shall not constitute waiver of any other breach of the same or other provision. Acceptance of any items or payment therefor shall not waive any breach. Non-assertion of a known breach does not constitute a waiver of same. In addition to any right of set off provided by law, Xxxxx may assert against this Order all amounts due to Seller or its affiliates from Buyer or its affiliates. UNDER NO CIRCUMSTANCES SHALL BUYER BE LIABLE TO SELLER FOR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS. In the event of any dispute with or breach by Seller, Buyer shall be entitled to an award of all of its reasonable attorney fees and costs, including, but not limited to those awardable under the applicable court rules or statutes.
Remedies. The Receiving Party acknowledges that a breach of any of the obligations or provisions contained herein could cause the Revealing Party to suffer losses which would not be adequately compensated exclusively by indemnity for damages. Consequently, the injured party, in addition to any other action or remedy referred herein, may enforce the compliance of this Agreement by means of a protective order and/or other action before a court or other competent authority. Notwithstanding the above, in any event, the injured party shall also be entitled to the payment of damages in accordance with the 9.3 clause of this Agreement. or will not be subjected to any other treatment contrary to the stated purpose and authorized by the owners of the same. de protección de datos personales o conforme a la Ley 1581 de 2012 y al decreto 1377 de 2013. La parte receptora deberá adoptar todas las medidas de seguridad de tipo lógico, administrativo y físico que sean adecuadas de acuerdo con la naturaleza de la información personal a la que acceda, con el objeto de garantizar que este tipo de información no será usada, comercializada, cedida, transferida y/o no será sometida a cualquier otro tratamiento contrario a la finalidad expuesta y autorizada por los titulares de la misma.
Remedies. (a) Should LICENSEE commit a breach of this Agreement by disclosing, displaying, selling, transferring, assigning, trading or other disposition of the Data, except as specifically authorized herein, FUGRO, upon giving due notice of such breach to LICENSEE, may at its sole option require the Data, all originally provided maps, films, tapes and support documentation and other information and all physical manifestations thereof to be returned to FUGRO and declare this Agreement, or the Schedule involved, and the use rights granted herein to be terminated.
Remedies. If either party fails to exercise a right or remedy that it has or which arises in relation to this Agreement, such failure shall not prevent that party from exercising that right or remedy subsequently with respect to that or any other incident.
Remedies. If there is a breach of this Agreement by a party hereto, the other party shall have all remedies in law and/or equity including, but not limited to, the right to apply for appropriate injunctive relief or specific performance as may be granted by a court of competent jurisdiction. If such breach prejudices the position of any party under this agreement the affected party may be released in whole or in part from its obligations under this agreement Nonassignment. Neither party shall have the right to assign or transfer this Agreement or any rights hereunder to any third party without the prior written consent of the other party. Nothing in this agreement will confer any rights on any third party pursuant to the contracts (rights of third parties) Xxx 0000. Each of the clauses of this agreement are several and distinct and, to the extent that any particular clause is held to be unenforceable, all of the remaining clauses of this agreement shall continue to apply. Persons executing this agreement on behalf of the parties hereto, hereby represent and warrant that they have full authority to execute this agreement on behalf of their respective employers and that they have been authorized to bind their respective employers to all terms hereof. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DATES SET FORTH OPPOSITE THEIR RESPECTIVE SIGNATURES. _____________________________ _____________________________ Signature Signature [____________] Xx. Xxxxxxxx Xxxxx Fernández (Legal Representative) Director Date: Date: _____________________________ _____________________________ Signature Signature [___________] (TBA) (Head of Reinsurance) Officer Date: Date: In consideration of the interests of the “Company” and the “Reinsurer”, and within the framework of the Claims Co-operation Clause that operates in this Reinsurance Agreement, the following protocol is established which shall be observed by [_______________], hereinafter referred to as “the “Company””, and Kot Insurance Company AG, hereinafter referred to as “the “Reinsurer””:
Remedies. In the event that the Contractual Products and/or Contractual Services does not conform to the foregoing warranty, the Supplier shall, at the request and at the sole option of the Company, repair or replace the Contractual Products or correct or perform again the Services as soon as possible, and without prejudice to
Remedies. In the event that the Contractual Products and/or Contractual Services does not conform to the foregoing warranty, the Supplier shall, at the request and at the sole option of the Company, repair or replace the Contractual Products or correct or perform again the Services as soon as possible, and without prejudice to Soluciones. En caso de que los Productos del Contrato y/o Servicios del Contrato no cumplan con la anterior garantía, el Proveedor deberá a solicitud y como única opción de la Compañía, reparar o reemplazar los Productos del Contrato o corregir o prestar de nuevo los Servicios tan pronto como sea posible y sin perjuicio del the right of the Company’s to claim for potential damages or to terminate the Contract. derecho de la Compañía para reclamar posibles daños o para rescindir el Contrato.
Remedies. The Receiving Party acknowledges that a breach of any of the obligations or provisions contained herein could cause the Revealing Party to suffer losses which would not be adequately compensated exclusively by indemnity for damages. Consequently, the injured party, in addition to any other action or remedy referred herein, may enforce the compliance of this Agreement by means of a protective order and/or other action before a court or other competent authority. Notwithstanding the above, in any event, the injured party shall also be entitled to the payment of damages in accordance with the 9.3 clause of this Agreement. SEVENTH PERSONAL DATA PROTECTION. The parties are obliged to protect in a special way private information, personal data and other information that allows to identify a person or make it identifiable, and which is accessed in accordance with their personal data protection policy or in accordance with the Law 1581 of 2012 and decree 1377 of 2013. The receiving party must adopt all the logical, administrative and physical security measures that are appropriate according to the nature of the personal information accessed, in order to guarantee that this type of information will not be used, commercialized, assigned, transferred and / or will not be subjected to any other treatment contrary to the stated purpose and authorized by the owners of the same. EIGHTH DELIVERY OF INFORMATION The information that is required or delivered to the receiving party will be recorded in a record in which the information provided will be listed, the purpose for which it is delivered and the means in which it was delivered. Said minutes will form an integral part of this agreement. NINETH MISCELLANEOUS 9.1 No granting of rights. The delivery of information, whether confidential or not, does not grant the Receiving Party, either expressly or implicitly, any authorization, permit or license of use of commercial brands, patents, copyright or any other industrial or intellectual right upon the same. Neither this Agreement, nor the delivery or reception of information, whether confidential or not, shall constitute or imply a promise to execute/enter into any contract by any of the Parties. This Agreement shall only benefit and engage the Parties and shall not be assigned or transferred without the prior written consent of the Parties. 9.2 Compliance with the law. Each Party shall observe and comply with any law, order, ordinances, decree, rules and regulations from an...
Remedies. The rights and remedies herein reserved to MAHLE are cumulative and in addition to any further rights and remedies available at law or in equity. No waiver of any breach of any provision of this order will constitute a waiver of any other breach or a waiver of such provision.