Common use of Waiver of Default; Cumulative Remedies Clause in Contracts

Waiver of Default; Cumulative Remedies. (a) Each Party’s representatives may not be fully familiar with, or necessarily insist at all times on the full and complete performance with, the terms of the Agreement. A Party’s failure to insist in any one or more instances upon strict performance of any provision of the Agreement, or failure or delay to take advantage of any of its rights or remedies hereunder, or failure to notify the other Party of any breach, violation, or default, shall not be construed as a waiver or construction by such Party of any such performance, provision, rights, breach, violation, or default either then or in the future or the relinquishment of any of its rights and remedies. (b) A delay or omission by either Party to exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties of any 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 thereof or of any other covenant herein contained. (c) Except as otherwise expressly provided herein, 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 or in equity.

Appears in 2 contracts

Sources: Services Agreement (Synchrony Financial), Services Agreement (Synchrony Financial)

Waiver of Default; Cumulative Remedies. (a) Each Party’s representatives may not be fully familiar with, or necessarily insist at all times on the full and complete performance with, the terms of the Agreement. A Party’s failure to insist in any one or more instances upon strict performance of any provision of the Agreement, or failure or delay to take advantage of any of its rights or remedies hereunder, or failure to notify the other Party of any breach, violation, or default, shall not be construed as a waiver or construction by such Party of any such performance, provision, rights, breach, violation, or default either then or in the future or the relinquishment of any of its rights and remedies. (b) A delay or omission by either Party hereto to exercise any right or power under this the Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties hereto of any 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 thereof or of any other covenant herein contained. (c) . All waivers shall be in writing and signed by the Party waiving its rights. Except as otherwise expressly provided hereinin the Agreement, all remedies provided for in this the Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law or law, in equity, by contract or otherwise. The election by a Party of any remedy provided for in the Agreement or otherwise available to such Party shall not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract or otherwise. Without limiting the generality of the foregoing, any termination of the Agreement with respect to all or any part of the Services (including any termination by Idearc pursuant to Section 18.1 or 18.3) shall be with a full reservation of rights to Idearc, and no such termination shall be deemed the sole and exclusive remedy of Idearc.

Appears in 1 contract

Sources: Master Outsourcing Services Agreement (Idearc Inc.)