Common use of Cumulative Remedies Clause in Contracts

Cumulative Remedies. No remedy conferred upon a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided).

Appears in 22 contracts

Samples: Purchase Agreement (Hines Real Estate Investment Trust Inc), Assignment and Assumption Agreement (Ashford Hospitality Prime, Inc.), Purchase and Sale Agreement (Washington Real Estate Investment Trust)

Cumulative Remedies. No remedy herein conferred upon a party in this Agreement any Party is intended to be exclusive of any other benefits or remedy, and each and every such remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other benefits or remedy given hereunder or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise. No single or partial exercise by any Party of any right, power or remedy hereunder shall preclude any other or further exercise thereof.

Appears in 13 contracts

Samples: Employment Agreement (Cano Petroleum, Inc), Employment Agreement (Resaca Exploitation, Inc.), Employment Agreement (Cano Petroleum, Inc)

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Cumulative Remedies. No Except as otherwise expressly provided herein, no remedy conferred upon a party in this Agreement is intended granted to any Party herein shall be exclusive of any other remedy, and each remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to with every other remedy given hereunder herein or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)otherwise.

Appears in 10 contracts

Samples: Settlement Agreement (Palomar Medical Technologies Inc), Development and License Agreement (Cynosure Inc), Development and License Agreement (Cutera Inc)

Cumulative Remedies. No remedy conferred upon a party in this Agreement conferred upon any party is intended to be exclusive of any other benefit or remedy, and each and every such remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other benefit or remedy given hereunder under this Agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise. No single or partial exercise by any party of any right, power, or remedy under this Agreement shall preclude any other or further exercise thereof.

Appears in 9 contracts

Samples: Separation Pay Agreement (Zix Corp), Separation Pay Agreement (Zix Corp), Amended And (Zix Corp)

Cumulative Remedies. No remedy conferred upon a party in this Agreement or reserved by one or both of the parties is intended to be exclusive of any other remedy. Each remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder conferred or now reserved, whether such remedy exists on the date of this Offer or hereafter existing at after, and whether such remedy becomes available under common law, in equity or by statute (except as otherwise expressly herein provided)statute.

Appears in 8 contracts

Samples: Contribution Agreement, Lease, Lease

Cumulative Remedies. No Except as expressly provided herein to the ------------------- contrary, no remedy conferred upon made available to a party in Party by any of the provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 6 contracts

Samples: Preferred Stock Purchase Agreement (Intertrust Technologies Corp), Preferred Stock Purchase Agreement (Intertrust Technologies Corp), Technology Development and License Agreement (Intertrust Technologies Corp)

Cumulative Remedies. No remedy in this agreement conferred upon a any party in this Agreement is intended to be exclusive of any other benefit or remedy, and each and every such remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other benefit or remedy given hereunder under this agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise. No single or partial exercise by any party of any right, power, or remedy under this agreement shall preclude any other or further exercise thereof.

Appears in 5 contracts

Samples: Employment Termination Benefits Agreement (Zix Corp), Employment Termination Benefits Agreement (Zix Corp), Employment Termination Benefits Agreement (Zix Corp)

Cumulative Remedies. No Except as specifically provided herein, no remedy conferred upon a made available to either party in this Agreement hereunder is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now available at law or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)equity.

Appears in 4 contracts

Samples: Service Agreement, Broadcast Agreement, Design Service Agreement

Cumulative Remedies. No Except as expressly limited in this Article, no remedy herein conferred upon nor reserved to a party in this Agreement is intended to be exclusive of any other remedy herein available at law or by law provided or permittedin equity, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at lawlaw or in equity, in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 4 contracts

Samples: Exhibit 5, Assumption Reinsurance Agreement, Assumption Reinsurance Agreement

Cumulative Remedies. No remedy conferred upon a party None of the remedies provided in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permittedexclusive, but each shall be cumulative and shall be in addition to every any other remedy given hereunder referred to herein or now otherwise available to either party at law or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)equity.

Appears in 4 contracts

Samples: Supply Agreement (International Coal Group, Inc.), Supply Agreement (International Coal Group, Inc.), Supply Agreement (International Coal Group, Inc.)

Cumulative Remedies. No remedy conferred upon a either party in this Agreement is intended to be exclusive of any other remedy, and each and every such remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to to, and not in limitation of or substitution for, every other remedy given hereunder available at law or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 4 contracts

Samples: Distributor Service Agreement (Davco Acquisition Holding Inc), Distributor Service Agreement (Friendco Restaurants Inc), Distributor Service Agreement (Davco Acquisition Holding Inc)

Cumulative Remedies. No Except as otherwise provided in this Agreement, no remedy by the terms of this Agreement conferred upon or reserved to a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permittedremedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)on or after the date of this Agreement including, without limitation, the right to such equitable relief by way of injunction, mandatory or prohibitory, to prevent the breach or threatened breach of any of the provisions of this Agreement or to enforce the performance hereof.

Appears in 4 contracts

Samples: Agreement (Education Loans Inc /De), Agreement (Student Loan Funding LLC), Agreement (Education Loans Inc /De)

Cumulative Remedies. No Except as otherwise provided in the Agreement, no right or remedy in the Agreement conferred upon a or reserved for either party in this Agreement or is intended to be exclusive of any other right or remedy herein available to that party by law. Each such right or by law provided or permitted, but each remedy shall be cumulative and shall be (unless expressly stated otherwise in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein providedthe Agreement).

Appears in 3 contracts

Samples: Developer Agreement, assets.applytosupply.digitalmarketplace.service.gov.uk, quant.network

Cumulative Remedies. No Except as otherwise expressly provided in this Agreement, no remedy conferred upon a party provided for in this Agreement is intended to shall be exclusive of any other remedy herein or by law provided or permitted, but each and all remedies shall be cumulative and shall be in addition to every and not in lieu of any other remedy given hereunder remedies available to either Party at law or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)equity.

Appears in 3 contracts

Samples: Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.)

Cumulative Remedies. No remedy conferred upon a party in by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise. The election of any one or more remedies by any party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 2 contracts

Samples: Purchase Agreement and Assignment (Jvweb Inc), License Agreement (Jvweb Inc)

Cumulative Remedies. No remedy conferred upon a party in this Agreement conferred upon any party is intended to be exclusive of any other benefit or remedy, and each and every such remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other benefit or remedy given hereunder under this Agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise. No single or partial exercise by any party of any right, power or remedy under this Agreement shall preclude any other or further exercise thereof.

Appears in 2 contracts

Samples: Employment Agreement (Zixit Corp), Employment Agreement (Zix Corp)

Cumulative Remedies. No Except as expressly provided herein, no remedy conferred upon a party in this Agreement made available to either Party hereunder is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now available at law or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)equity.

Appears in 2 contracts

Samples: Integrated Facilities Management Services Agreement (Amgen Inc), Integrated Facilities Management Services Agreement (Amgen Inc)

Cumulative Remedies. No remedy conferred upon a party Party in this ------------------- Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Kaiser Ventures Inc), Purchase and Sale Agreement and Joint Escrow Instructions (Kaiser Ventures Inc)

Cumulative Remedies. No remedy conferred upon a party -------------------- in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided).

Appears in 2 contracts

Samples: Nomination Agreement (Emeritus Corp\wa\), Nomination Agreement (Emeritus Corp\wa\)

Cumulative Remedies. No remedy conferred upon a party in by any of the provisions of this Agreement is intended to be exclusive of any other remedy herein which is otherwise available at law, in equity, by statute or by law provided or permitted, but otherwise and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or equity, by statute (except as otherwise expressly herein provided)or otherwise. The election of any one or more of such remedies by either of the Parties shall not constitute a waiver by such party of the right to pursue any other available remedy.

Appears in 2 contracts

Samples: Joint Venture Agreement (Huiheng Medical, Inc.), Marketing and Distribution Agreement (Huiheng Medical, Inc.)

Cumulative Remedies. No Except as otherwise provided in this Agreement, no remedy by the terms of this Agreement conferred upon or reserved to a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permittedremedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)on or after the date of this Agreement including, without limitation, the right to such equitable relief by way of injunction to prevent the breach or threatened breach of any of the provisions of this Agreement or to enforce the performance.

Appears in 2 contracts

Samples: Agreement (Education Loans Inc /De), Guarantee Loans (Education Loans Inc /De)

Cumulative Remedies. No Unless expressly provided to the contrary, no remedy conferred upon a party set forth in this Agreement is intended to be exclusive of any other available remedy herein or by law provided remedies, whether legal or permittedequitable, but each shall be remedy is cumulative and shall be in addition to every other right or remedy given hereunder provided under this Agreement or now or hereafter existing at law, law or in equity equity. Either party hereto may pursue its rights and remedies concurrently or by statute (except as otherwise expressly herein provided)in any sequence and no exercise of one right or remedy shall be deemed to be an election of remedies.

Appears in 2 contracts

Samples: Acquisition of Patent Agreement (Defense Technology Systems, Inc.), Acquisition of Patent Agreement (Dataworld Solutions Inc)

Cumulative Remedies. No Notwithstanding any provision of this ------------------- Agreement to the contrary, the parties agree that no remedy conferred upon a party in by any specific provision of this Agreement (including without limitation, this Section) is intended to be exclusive of any other remedy, and that each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing available at law, in equity or equity, by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Sequiam Corp), Assignment and Assumption Agreement (Sequiam Corp)

Cumulative Remedies. No Except as otherwise expressly herein provided, no remedy conferred upon a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)statute.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Limoneira CO), Purchase and Sale Agreement (Equinix Inc)

Cumulative Remedies. No remedy conferred upon made available to a party in by any of the provisions this Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 1 contract

Samples: License Agreement (Nstor Technologies Inc)

Cumulative Remedies. No Unless otherwise expressly stated in this Purchase Agreement, no remedy conferred upon a party in this Agreement or reserved to one or both of the Parties is intended to be exclusive of any other remedy herein or by law provided or permittedremedy, but each remedy shall be cumulative and shall be in addition to every other remedy given hereunder conferred upon or now reserved hereunder, whether such remedy shall be existing or hereafter existing at existing, and whether such remedy shall become available under common law, in equity or by statute (except as otherwise expressly herein provided)statute.

Appears in 1 contract

Samples: Purchase Agreement

Cumulative Remedies. No Except as provided in Section 4.3, no remedy conferred upon a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Healthcare Properties L P)

Cumulative Remedies. No Except as expressly limited by this Article 11 and Article 12, no remedy conferred upon or reserved to a party in this Agreement is intended to be exclusive of any other remedy herein available at law or by law provided or permittedin equity, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at lawlaw or in equity, in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 1 contract

Samples: Insurance Administrative Services Agreement (Kemper Investors Life Insurance Co)

Cumulative Remedies. No remedy conferred upon a party in any Party pursuant to this Agreement is intended to be exclusive of any other remedy herein available under this Agreement or by applicable law provided or permitted, but and each remedy shall be cumulative and shall be in addition to every other remedy given hereunder available under this Agreement or applicable law now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)the future.

Appears in 1 contract

Samples: Booking and Destination Marketing Services Agreement

Cumulative Remedies. No Except as explicitly provided to the contrary in this Agreement, each right or remedy conferred upon a party of the Parties provided for in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative of and shall be in addition to every other right or remedy given hereunder provided for in this Agreement, and the exercise of one or now more or hereafter existing at law, in equity the rights or remedies provided for herein shall not preclude the simultaneous or later exercise by statute (except as otherwise expressly herein provided)such Party of any other rights or remedies provided for herein.

Appears in 1 contract

Samples: Non Wires Alternative Services Agreement

Cumulative Remedies. No Except as expressly provided herein to the contrary, no remedy conferred upon made available to a party in by any of the provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at lawlaw or in equity, in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 1 contract

Samples: Agreement Regarding Confidentiality

Cumulative Remedies. No Except as otherwise provided in Section 3.6, no remedy conferred upon a party in by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, law or in equity or by statute (or otherwise. The election of any one or more remedies by a party shall not, except as otherwise expressly herein provided)provided for herein, constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Mid America Apartment Communities Inc)

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Cumulative Remedies. No Except as provided in paragraph 15 hereof or in any other provision of this Agreement, no remedy conferred upon a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)statute.

Appears in 1 contract

Samples: Agreement (Arvida JMB Partners L P)

Cumulative Remedies. No Except as otherwise expressly provided herein, no remedy conferred upon a party Party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)statute.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Prudential Bache Watson & Taylor LTD 2)

Cumulative Remedies. No remedy conferred upon a party in this ------------------- Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided).

Appears in 1 contract

Samples: Agreement to Merge (Nationwide Health Properties Inc)

Cumulative Remedies. No Except as expressly limited by this Article 12, no remedy conferred upon or reserved to a party in this Agreement is intended to be exclusive of any other remedy herein available at law or by law provided or permittedin equity, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement or now or hereafter existing at lawlaw or in equity, in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 1 contract

Samples: Insurance Administrative Services Agreement (Merrill Lynch Life Insurance Co)

Cumulative Remedies. No remedy conferred upon a party None of either party's remedies referred to in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permittedexclusive, but each shall be cumulative and shall be in addition to every any other remedy given hereunder referred to herein or now otherwise available at law or hereafter existing at lawin equity, in equity or by statute (except as otherwise expressly herein provided)explicitly set forth herein.

Appears in 1 contract

Samples: Software License Agreement (Microstrategy Inc)

Cumulative Remedies. No remedy conferred upon a or reserved by any party in this Agreement hereto is intended to be exclusive of any other remedy herein or by law provided or permittedremedy, but each and every such remedy shall be cumulative and shall be in addition to every any other remedy given hereunder under this Agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)on or after the date of this Agreement including, without limitation, the right to such equitable relief by way of injunction, mandatory or prohibitory, to prevent the breach or threatened breach of any of the provisions of this Agreement or to enforce the performance hereof.

Appears in 1 contract

Samples: Northwest Education (Higher Education Funding I)

Cumulative Remedies. No provision of this Agreement providing for -------------------- any specific remedy conferred upon to a party shall be construed to limit such party to the specific remedy described, and that any other remedy that would otherwise be available to such party at law or in this Agreement is intended to equity shall also be exclusive available. The parties also intend that the rights and remedies hereunder be cumulative, so that exercise of any one or more of such rights or remedies shall not preclude the later or concurrent exercise of any other remedy herein rights or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)remedies.

Appears in 1 contract

Samples: Registration Rights Agreement (Rapidtron Inc)

Cumulative Remedies. No remedy conferred upon a or reserved by any party in this Agreement hereto is intended to be exclusive of any other remedy herein or by law provided or permittedremedy, but each and every such remedy shall be cumulative and shall be in addition to every any other remedy given hereunder under this Agreement or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)on or after the date of this Agreement including, without limitation, the right to such equitable relief by way of injunction; mandatory or prohibitory, to prevent the breach or threatened breach of any of the provisions of this Agreement or to enforce the performance hereof.

Appears in 1 contract

Samples: Lender Participation Agreement (Higher Education Funding I)

Cumulative Remedies. No Except as expressly provided herein to the contrary, ------------------- no remedy conferred upon made available to a party in Party by any of the provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 1 contract

Samples: Agreement (Intertrust Technologies Corp)

Cumulative Remedies. No Except as otherwise provided in this Agreement, no remedy by the terms of this Agreement conferred upon or reserved to a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permittedremedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder under this Agreement, or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)on or after the date of this Agreement including, without limitation, the right to such equitable relief by way of injunction to prevent the breach or threatened breach of any of the provisions of this Agreement or to enforce the performance.

Appears in 1 contract

Samples: Pennsylvania Higher Education Assistance Agency Lender Agreement (First Union Student Loan Trust 1997-1)

Cumulative Remedies. No Notwithstanding any provision of this -------------------- Agreement to the contrary, the parties agree that no remedy conferred upon a party in by any specific provision of this Agreement (including without limitation, this Section) is intended to be exclusive of any other remedy, and that each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing available at law, in equity or equity, by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sequiam Corp)

Cumulative Remedies. No Unless otherwise expressly stated in this Agreement, no remedy conferred upon a party in this Agreement or reserved to one or both of the Parties is intended to be exclusive of any other remedy herein or by law provided or permittedremedy, but each remedy shall be cumulative and shall be in addition to every other remedy given hereunder conferred upon or now reserved hereunder, whether such remedy shall be existing or hereafter existing at existing, and whether such remedy shall become available under common law, in equity or by statute (except as otherwise expressly herein provided)statute.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

Cumulative Remedies. No Except as otherwise expressly provided herein, no remedy conferred upon a party in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)statute.

Appears in 1 contract

Samples: Real Property Purchase Agreement and Escrow Instructions (IMH Financial Corp)

Cumulative Remedies. No remedy conferred upon a party in made available hereunder by any of the provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise. Notwithstanding the foregoing, the parties have agreed that the indemnification provisions contained in Article 4 above, shall be the sole and exclusive remedies of the parties with respect to the breach by the other parties of any representation and warranty.

Appears in 1 contract

Samples: Stock Purchase Agreement (Appliedtheory Corp)

Cumulative Remedies. No remedy conferred upon a party in by any of the specific provisions of this Option Agreement is intended to be exclusive of any other remedy, and each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, law or in equity or by statute (except as otherwise expressly herein provided)or otherwise. The election of any one or more remedies by any party hereto shall not constitute a waiver of the right to pursue other available remedies.

Appears in 1 contract

Samples: Option Agreement (Jvweb Inc)

Cumulative Remedies. No Notwithstanding any provision of this Agreement to the contrary, the parties agree that no remedy conferred upon a party in by any specific provision of this Agreement (including without limitation, this Section) is intended to be exclusive of any other remedy, and that each and every remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing available at law, in equity or equity, by statute (except as otherwise expressly herein provided)or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sequiam Corp)

Cumulative Remedies. No Except as explicitly provided to the contrary in this Agreement, each right or remedy conferred upon a party of the Parties provided for in this Agreement is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative of and shall be in addition to every other right or remedy given hereunder provided for in this Agreement, and the exercise of one or now more or hereafter existing at law, in equity the rights or remedies provided for herein shall not preclude the simultaneous or later exercise by statute (except as otherwise expressly herein provided).such Party of any other rights or remedies provided for herein

Appears in 1 contract

Samples: Resiliency Service Program Customer Service Agreement

Cumulative Remedies. No Except as otherwise expressly provided herein, no remedy conferred upon a party in this Agreement is intended granted to either Party herein shall be exclusive of any other remedy, and each remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to with every other remedy given hereunder herein or now or hereafter existing at law, in equity or by statute (except as otherwise expressly herein provided)otherwise.

Appears in 1 contract

Samples: Patent License Agreement (Palomar Medical Technologies Inc)

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