Remedies Cumulative and Nonexclusive Clause Samples
The "Remedies Cumulative and Nonexclusive" clause establishes that the rights and remedies provided under the contract are in addition to, and do not limit, any other rights or remedies available by law or in equity. In practice, this means that if a party breaches the agreement, the non-breaching party can pursue multiple remedies simultaneously or sequentially, such as seeking damages while also requesting specific performance. The core function of this clause is to ensure that parties are not restricted to a single remedy, thereby maximizing their ability to address breaches and enforce the contract effectively.
Remedies Cumulative and Nonexclusive. All of the non-breaching Party’s remedies will be cumulative, and the exercise of one remedy hereunder by the non-breaching Party will not be deemed to be an election of remedies.
Remedies Cumulative and Nonexclusive. Except as otherwise set forth herein, all remedies provided for in this Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other remedies available to either Party at law, in equity, or otherwise.
Remedies Cumulative and Nonexclusive. Each right and remedy of Lessor contained in this Lease will be cumulative and will be in addition to every other right or remedy in this Lease, or existing at law or in equity, including without limitation suits for injunctive relief and specific performance. The exercise or beginning of the exercise by Lessor of any such rights or remedies will not preclude the simultaneous or later exercise by L▇▇▇▇▇ of any other such rights or remedies. All such rights and remedies are nonexclusive.
Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies. Spectrum Business TV and Enterprise TV Service (collectively, “TV Service”) Spectrum Business TV Service: Spectrum Business TV Service includes television programming services, including the package of channels and music programming as designated in a Service Order. Customer must notify Spectrum if Customer’s use of the Service will be for private or public viewing. If specified in the Service Order, Spectrum will provide to private-view Customers premium programming such as HBO, Showtime, TMC, Cinemax, STARZ, Encore, or Epix, or Customer premise equipment such as DVRs (collectively, “Premium Services”).
Remedies Cumulative and Nonexclusive. Each right and remedy in this Lease will be cumulative and will be in addition to every other right or remedy in this Lease or existing at law or in equity, including, without limitation, suits for injunctive relief and specific performance. The exercise or beginning of the exercise by Lessor of any such rights or remedies will not preclude the simultaneous or later exercise by ▇▇▇▇▇▇ of any other such rights or remedies. All such rights and remedies are nonexclusive.
Remedies Cumulative and Nonexclusive. Each right and remedy in this Agreement shall be deemed cumulative and will be in addition to every other right or remedy in this Agreement, or existing at law or in equity, including, without limitation, suits for injunctive relief and specific performance. Such rights and remedies shall not be in lieu of or exclusive of each other and shall in no way affect any other remedy available at law or in equity. The exercise or beginning of the exercise, by the City of any such rights or remedies will not preclude the simultaneous or later exercise by the City of any other such rights or remedies. All such rights and remedies are nonexclusive. Nothing contained herein shall be construed to require the City to accept delinquent Rent, or delinquent Additional Rent.
Remedies Cumulative and Nonexclusive. All of FAMC's rights and remedies, including, but not limited to the foregoing, shall be cumulative and not exclusive and shall be enforceable alternatively, successively or concurrently as FAMC may deem expedient.
Remedies Cumulative and Nonexclusive. The foregoing rights and remedies shall be in addition to and not exclude any other rights or remedies available to Lessor hereunder or at law or equity. Lessor's election to pursue any right or remedy hereunder or at law or equity for any breach, or any attempted or threatened breach, of this Lease, shall not preclude it from pursuing at the same time or any other time any other right or remedy hereunder or at law or equity for the same breach or any right or remedy hereunder or at law or equity for any other breach.
Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Services Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies. Spectrum Business High-Speed Internet Service Terms Spectrum Business High-Speed Internet Service*: Internet access service implemented using a hybrid fiber/coax ("HFC") or a fiber access network. The Customer interface to the data network is via Ethernet connection. Spectrum Business Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive Spectrum Business Internet Service, Spectrum Business shall provide connectivity from the Customer site(s) to the Customer's data network. Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in Spectrum Business's sole discretion. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by Spectrum Business ("Third Party Services"). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in these Service Terms, Spectrum Business makes no warranties of any kind (express or implied) regarding third party services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non- infringement, merchantability, and fitness for a particular purpose). Spectrum Business does not have title to and is not the manufacturer of any software or hardware components of any third party services nor is Spectrum Business the supplier of any components of such software or hardware. IN NO EVENT SHALL SPECTRUM BUSINESS BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD PARTY SERVICES. Unless specifically set forth herein, capitalized terms shall have the meaning set forth in the Spectrum Business Services Agreement. Customer's use of the Internet Service is subject to the following additional terms and conditions:
Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Service Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies Internet Access Services: These terms shall apply, in addition to the Commercial Terms of Service and the respective Service Order (if applicable) (collectively, the “Service Agreement”), if Customer elects to receive one or more of the Services described herein (for purposes of this Attachment, the “Data Services”). Continued use or receipt of the Data Services is subject to this Service Agreement. SimpleFiber Business SimpleFiber Business Solutions’ provision of any Data Service is subject to availability. SimpleFiber Business SimpleFiber Business Solutions’ Data Services are comprised of the following: Customer shall (i) maintain certain minimum equipment and software to receive the Data Service (see ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (or the applicable successor URL) for the current specifications); (ii) ensure that any person who has access to the Data Services through Customer’s computer(s), Service Location, facilities or account shall comply with the terms of this Service Agreement, (iii) be responsible for all charges incurred and all conduct, whether authorized or unauthorized, caused by use of Customer’s computers, service locations, facilities or account using the Data Services.