Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 13 contracts
Sources: Master Framework Agreement, Stock Purchase Agreement, Stock Purchase Agreement (CDC Software CORP)
Exercise of Rights. A Subject to the express provisions of this Agreement, a party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 7 contracts
Sources: Supplementary Capacity Agreement, System Strength Services Agreement, Reserve Contract
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 7 contracts
Sources: Queensland Gladstone Power Station Agreement Act 1993, Gladstone Power Station Agreement Act 1993, Queensland Gladstone Power Station Agreement Act 1993
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 6 contracts
Sources: Amendment Deed, Telstra Online Services Agreement, Call Option Agreement
Exercise of Rights. A party may exercise a right, power power, or remedy at under this Agreement in its discretion, and separately or concurrently with another right, power power, or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that that, or of any other other, right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 5 contracts
Sources: Rolr Deemed Large Customer Retail Arrangement, Rolr Deemed Large Customer Retail Arrangement, Electricity Supply Agreement
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or an exercise of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rightsA party is not liable for any loss caused by the exercise or attempted exercise of, powers and remedies provided failure to exercise, or delay in this Agreement are cumulative with and not exclusive of exercising the rightsright, powers power or remedies provided by law independently of this Agreementremedy.
Appears in 5 contracts
Sources: Bulk Storage and Handling Agreement, Wheat Port Terminal Services Agreement, Bulk Storage and Handling Agreement
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 4 contracts
Sources: Sale and Purchase of Business Agreement (Pacific Internet LTD), Sale and Purchase of Business Agreement (Pacific Internet LTD), Master Services Agreement (Pacific Internet LTD)
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 4 contracts
Sources: Foundation Funding Agreement, Foundation Funding Agreement, Foundation Funding Agreement
Exercise of Rights. A party Party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party Party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 3 contracts
Sources: Supply Agreement, Mobile Terminating Access Service Agreement, Mobile Terminating Access Service Agreement
Exercise of Rights. A Subject to the express provisions of this Contract, a party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 3 contracts
Sources: Ncess Contract (Reliability 2025 27), Ncess Contract (Reliability 2025 27), Ncess Contract (Minimum Demand)
Exercise of Rights. A Subject to the express provisions of this Agreement or a reserve contract, a party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 3 contracts
Sources: Rert Panel Agreement, Rert Panel Agreement, Rert Panel Agreement
Exercise of Rights. A party Party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party Party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party Party to exercise or delay in exercising a right, power or remedy in respect of any breach does not prevent its exercise. The rightsthe exercise of a right, powers and remedies provided power or remedy in this Agreement are cumulative with and not exclusive respect of the rights, powers or remedies provided by law independently of this Agreementany subsequent breach.
Appears in 3 contracts
Sources: Agency Agreement (Txu Australia Holdings Partnership L P), Sub Sales Agreement (Txu Australia Holdings Partnership L P), Master Agreement (Txu Australia Holdings Partnership L P)
Exercise of Rights. A party may exercise a right, power power, or remedy under this Agreement at its discretion, and separately or concurrently with another right, power power, or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power power, or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 3 contracts
Sources: Rolr Deemed Large Customer Retail Arrangement β Gas, Gas Supply Agreement, Rolr Deemed Large Customer Retail Arrangement β Gas
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement Addendum are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this AgreementAddendum.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (CDC Corp)
Exercise of Rights. A party may exercise a right, power power, or remedy at under this Agreement in its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that that, or of any other other, right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 2 contracts
Sources: Electricity Sale Agreement, Electricity Sale Agreement
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a the party does not prevent a further exercise of that or an exercise of any other right, power or remedy. Failure by a the party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rightsparty is not liable for any loss caused by the exercise or attempted exercise of, powers and remedies provided failure to exercise, or delay in this Agreement are cumulative with and not exclusive of exercising, the rightsright, powers power or remedies provided by law independently of this Agreementremedy.
Appears in 2 contracts
Sources: Liquidity Facility Agreement (Anz Capel Court LTD), Redraw Facility Agreement (Anz Capel Court LTD)
Exercise of Rights. A party may exercise a right, power or remedy under this Agreement at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that that, or of any other other, right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 2 contracts
Sources: Agreement for the Sale of Electricity, Agreement for the Sale of Electricity
Exercise of Rights. A party to this Agreement may exercise a right, power or remedy at its discretion, discretion and separately or concurrently with another right, . power or remedy. A single or partial exercise of a right, power or remedy by of a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising exercise a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 2 contracts
Sources: Master Consultancy Agreement (Incannex Healthcare LTD), Master Consultancy Agreement (Incannex Healthcare LTD)
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 2 contracts
Sources: Fixed Wing Air Ambulance Services Agreement, Licensed Post Office Agreement
Exercise of Rights. A party Party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party Party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party Party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.prevent
Appears in 1 contract
Sources: Stock Purchase Agreement (CDC Corp)
Exercise of Rights. A party may exercise a right, power or remedy at under this Agreement in its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that that, or of any other other, right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Sources: Electricity Sale Agreement
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise exercise, or a delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Sources: Connection Agreement
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. The rights, powers and remedies provided in this Lease are cumulative with and not exclusive of the rights, powers or remedies provided by law. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or an exercise of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Sources: Deed of Novation and Amendment of Agreement for Sale and Purchase of Real Estate
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers Waiver and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.variation
Appears in 1 contract
Sources: Agreement for Sale of Business (Genesee & Wyoming Inc)
Exercise of Rights. A party may exercise a right, power power, or remedy under this contract at its discretion, and separately or concurrently with another right, power power, or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power power, or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Exercise of Rights. A party Subject to the express provisions of this Agreement, a Party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party Party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party Party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Sources: Option to Purchase and Governance Agreement (Allis Chalmers Energy Inc.)
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The Subject to the limitation of liability set forth in Section 9.02A, the rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure remedy and failure by a party to exercise exercise, or delay by a party in exercising a right, power or remedy does not prevent its exercise. The rightsExcept where expressly stated to the contrary in this Agreement, powers and remedies provided in the rights of a party under this Agreement are cumulative with and not exclusive of the rights, powers are in addition to any other rights available to that party whether those rights are provided for under this Agreement or remedies provided by law independently of this Agreementlaw.
Appears in 1 contract
Sources: Capital Works Funding Agreement
Exercise of Rights. A Subject to the express provisions of this Agreement, a party may exercise a right, power or remedy at its absolute discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Exercise of Rights. A party Party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party Party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreementorremedy.
Appears in 1 contract
Sources: Supply Terms Agreement
Exercise of Rights. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Agreement.
Appears in 1 contract
Sources: Affiliate Agreement