Waiver of Default; Cumulative Remedies. A delay or omission by either Party to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any waiver by either Party in the performance of any covenant (or breach thereof) be construed to be a waiver of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the Party. All remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu) of any other remedies available to either Party at law, in equity or otherwise.
Appears in 13 contracts
Sources: Gs1 Us Data Hub Access and Use Agreement, Gs1 Us Data Hub Api Trial Access and Use Agreement, Gs1 Us Certificate Program Agreement
Waiver of Default; Cumulative Remedies. (A) A delay or omission by either Party to exercise any right or power under this Agreement shall will not be construed to be a waiver, nor shall any waiver thereof. A waiver by either Party in of the performance Parties of any covenant (of the covenants to be performed by the other Party or any breach thereof) thereof will not be construed to be a waiver of any succeeding breach thereof or of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the Party. All covenant specified herein.
(B) Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall will be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party at law, law or in equity or otherwiseequity.
Appears in 3 contracts
Sources: Information Technology Service Agreement (Hp Inc), Information Technology Service Agreement (Hewlett Packard Enterprise Co), Information Technology Service Agreement (Hewlett Packard Enterprise Co)
Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party party to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any waiver thereof. A waiver by either Party in of the performance parties of any covenant (of the covenants to be performed by the other or any breach thereof) thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the Party. All covenant herein contained.
(b) Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party party at law, law or in equity or otherwiseequity.
Appears in 3 contracts
Sources: Services Agreement (Capital One Auto Receivables LLC), Services Agreement (Capital One Financial Corp), Services Agreement (Capital One Funding, LLC)
Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any waiver thereof. A waiver by either Party in of the performance Parties of any covenant (of the covenants to be performed by the other or any breach thereof) thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other or succeeding breach. No waiver or discharge shall be valid unless covenant in writing and signed by an authorized representative of the Party. All this Agreement.
(b) Except as otherwise expressly provided in this Agreement, all remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party at law, in equity or otherwise.
Appears in 2 contracts
Sources: Production Services Agreement (Synchrony Financial), Production Services Agreement (Synchrony Financial)
Waiver of Default; Cumulative Remedies. A delay or omission by either Party party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any waiver thereof. A waiver by either Party in of the performance parties hereto of any covenant (of the covenants to be performed by the other or any breach thereof) thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the Partycovenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party party at law, in equity or otherwise.
Appears in 2 contracts
Sources: Agreement (Rhythms Net Connections Inc), Service Agreement (Rhythms Net Connections Inc)
Waiver of Default; Cumulative Remedies. (a) A delay or omission by either Party to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any waiver thereof. A waiver by either Party in of the performance Parties of any covenant (of the covenants to be performed by the other or any breach thereof) thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the Party. All covenant herein contained.
(b) Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party at law, law or in equity or otherwiseequity.
Appears in 2 contracts
Sources: Master Services Agreement (Wellchoice Inc), Master Services Agreement (Wellchoice Inc)
Waiver of Default; Cumulative Remedies. 22.13.1 A delay or omission by either Party to exercise any right or power under this Agreement shall will not be construed to be a waiver, nor shall any waiver thereof. A waiver by either Party in of the performance Parties of any covenant (of the covenants to be performed by the other or any breach thereof) thereof will not be construed to be a waiver of any succeeding breach thereof or of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the Party. All covenant herein contained.
22.13.2 Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall will be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party at law, law or in equity or otherwiseequity.
Appears in 1 contract
Sources: Master Services Agreement (Hawaiian Telcom Communications, Inc.)
Waiver of Default; Cumulative Remedies. A delay or omission by either Party to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any waiver by either Party in the performance of any covenant (or breach thereof) be construed con strued to be a waiver of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative represen tative of the Party. All remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu) of any other remedies available to either Party at law, in equity or otherwise.
Appears in 1 contract
Waiver of Default; Cumulative Remedies. A delay or omission by either Party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any waiver thereof. A waiver by either Party in of the performance Parties of any covenant (of the covenants to be performed by the other or any breach thereof) shall not be construed to be a waiver of any succeeding breach or of any other or succeeding breach. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the Partycovenant. All remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieulieu of) of any other remedies available to either Party at law, in equity or otherwise.
Appears in 1 contract
Waiver of Default; Cumulative Remedies. 2.12.1. A delay or omission by either any Party to exercise any right or power under this the Agreement shall not be construed to be a waiver, nor shall any waiver of that right or power. A waiver by either Party in of the performance Parties of any covenant (of the covenants to be performed by the other or any breach thereof) of them shall not be construed to be a waiver of any succeeding breach of them or of any other or succeeding breachcovenant contained in the Agreement.
2.12.2. No waiver or discharge shall be valid unless Except as expressly provided in writing and signed by an authorized representative of the Party. All Agreement, all remedies provided for in this the Agreement shall be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party at law, in equity or otherwise.
Appears in 1 contract
Sources: Administration Services Agreement
Waiver of Default; Cumulative Remedies. (a) A delay or omission failure to act by either any Party to exercise any right or power under this Agreement shall not be construed to be a waiver, nor shall any . A waiver by either Party in of the performance Parties of any of the covenants to be performed by the other or any breach of such a covenant (or breach thereof) shall not be construed to be a waiver of any succeeding breach or of any other or succeeding breach. No waiver or discharge shall be valid unless covenant.
(b) Except as otherwise expressly provided in writing and signed by an authorized representative of the Party. All this Agreement, all remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu) lieu of any other remedies available to either Party at law, in equity or otherwise.
Appears in 1 contract
Sources: Outsourcing Agreement (North American Van Lines Inc /De)