Common use of Remedies Clause in Contracts

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.