Common use of INDULGENCES Clause in Contracts

INDULGENCES. 30.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 will not be estopped (i.e., precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 2 contracts

Sources: Functions and Events Catering Services Agreement, Memorandum of Agreement

INDULGENCES. 30.5.1 29.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 29.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach breach, unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 29.5.1.2 will not be estopped (i.e., i.e. precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 2 contracts

Sources: Service Provider Agreement, Service Provider Agreement

INDULGENCES. 30.5.1 29.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 29.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 29.5.1.2 will not be estopped (i.e., precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Professional Services Agreement

INDULGENCES. 30.5.1 28.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 28.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 28.5.1.2 will not be estopped (i.e., precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Memorandum of Agreement

INDULGENCES. 30.5.1 32.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 32.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 32.5.1.2 will not be estopped (i.e., precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Memorandum of Agreement

INDULGENCES. 30.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved other Party ("the Aggrieved Party: 30.5.1.1 "): may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach breach, unless the aggrieved Aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Aggrieved Party may still exercise that right during that period; 30.5.1.2 ; will not be estopped (i.e., i.e. precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Data Sharing Agreement

INDULGENCES. 30.5.1 33.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 33.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 33.5.1.2 will not be estopped (i.e., precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Minor Works Agreement

INDULGENCES. 30.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved other Party ("the Aggrieved Party:"): 30.5.1.1 19.6.1. may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach breach, unless the aggrieved Aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Aggrieved Party may still exercise that right during that period; 30.5.1.2 19.6.2. will not be estopped (i.e., i.e. precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Memorandum of Agreement

INDULGENCES. 30.5.1 27.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 27.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 27.5.1.2 will not be estopped (i.e., precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Integrated Retail Management and Brand Licensing Agreement

INDULGENCES. 30.5.1 31.5.1 If either Party at any time breaches any of its obligations under this Agreement, the aggrieved Party: 30.5.1.1 31.5.1.1 may at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach unless the aggrieved Party has expressly elected in writing or by clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right. In particular, acceptance of late performance will be provisional only, and the aggrieved Party may still exercise that right during that period; 30.5.1.2 31.5.1.2 will not be estopped (i.e., precluded) from exercising its rights arising out of that breach, despite the fact that it may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.

Appears in 1 contract

Sources: Memorandum of Agreement