No Remedies Exclusive Sample Clauses

No Remedies Exclusive. To the extent any remedies are provided herein for a breach of this Agreement, the Articles or the Act, such remedies shall not be exclusive of any other remedies the aggrieved party may have, at law or in equity.
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No Remedies Exclusive. Unless expressly stated to be exclusive, --------------------- no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity. All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively. The exercise of (or failure to exercise) any one or more remedies shall not operate as a waiver of, or constitute a bar to, the exercise of any other remedies.
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No Remedies Exclusive. No right or remedy conferred herein shall be deemed to be exclusive of any other right or remedy conferred herein or any other right or remedy now or hereafter available at law or equity. All rights and remedies conferred herein, and all rights and remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be exercised concurrently, independently or successively.
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No Remedies Exclusive. To the extent any remedies are provided herein for a breach of this Agreement, the Articles or the Ohio Revised Code, such remedies shall not be exclusive of any other remedies the aggrieved party may have, at law or in equity.
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No Remedies Exclusive. The remedies of the Agency with respect to any matter under this Agreement shall not be limited to the remedies set forth herein; provided, that the Agency shall not receive a duplicative recovery.
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No Remedies Exclusive. The remedies of the Agency with respect to any matter under this Agreement shall not be limited to the remedies set forth herein; provided, that the Agency shall not receive a duplicative recovery. LIMITATIONS OF LIABILITY Damages . EXCEPT AS SET FORTH IN SECTION 18.3 BELOW, CONTRACTOR’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES AND COSTS SHALL NOT EXCEED ________________ EXCEPT AS SET FORTH IN SECTION 18.3 BELOW, THE AGENCY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES AND COSTS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE FEES DUE AND OWING BY THE AGENCY TO CONTRACTOR UNDER THIS AGREEMENT. No Consequential Damages . IN NO EVENT WILL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES. Exclusions . NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS SET FORTH IN SECTIONS 18.1 AND 18.2 ABOVE SHALL NOT APPLY TO (a) CONTRACTOR’S OBLIGATIONS UNDER Article 17 (INDEMNIFICATION), (b) CLAIMS OR CAUSES OF ACTION WHICH ARISE FROM CONTRACTOR’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR THAT OF ITS SUBCONTRACTORS OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, (c) BREACH OF CONTRACTOR’S OBLIGATIONS UNDER Article 13 (CONFIDENTIAL INFORMATION), (d) BREACH OF CONTRACTOR’S OBLIGATIONS UNDER Article 15 (PRIVACY AND DATA SECURITY), (e) CONTRACTOR’S FAILURE TO COMPLY WITH APPLICABLE LAWS OR REGULATIONS, AND (f) WRONGFUL TERMINATION OR ABANDONMENT OF THIS AGREEMENT BY CONTRACTOR OR REFUSAL OF CONTRACTOR TO PROVIDE TERMINATION ASSISTANCE. IN ADDITION, THE LIMITATIONS SET FORTH IN SECTIONS 18.1 AND 18.2 ABOVE SHALL NOT APPLY TO (i) THE AGENCY’S OBLIGATIONS UNDER Article 17 (INDEMNIFICATION), (ii) THE AGENCY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND (iii) BREACH OF THE AGENCY’S OBLIGATIONS UNDER Article 13 (CONFIDENTIAL INFORMATION). THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF CONSIDERATION PAID OR TO BE PAID UNDER THIS AGREEMENT.
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No Remedies Exclusive. To the extent any remedies are provided herein for a breach of this Agreement, the Articles or the Act, such remedies shall not be exclusive of any other remedies the aggrieved party may have, at law or in equity. • Incorporated Schedule and Exhibits. The following Schedule and Exhibit are attached to and/or have been identified as Schedules and Exhibits to this Agreement and are incorporated in this Agreement by reference as if fully set forth herein: Schedule I to Operating Agreement. Schedule of Definitions. Exhibit A to Operating Agreement. Name and Address of Member and Capital Contribution.
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No Remedies Exclusive. To the extent any remedies are provided herein for a breach of this Agreement, the Articles or the Texas Code, such remedies shall not be exclusive of any other remedies the aggrieved party may have, at law or in equity.
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No Remedies Exclusive. Subject to the provisions of Section 7.5, no remedy herein conferred upon or reserved to the Trustee is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy hereunder or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. The Trustee and the holders of the Bonds, subject to the provisions of the Indenture, shall be entitled to the benefit of all agreements herein contained.
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Related to No Remedies Exclusive

  • Remedies Exclusive The rights and remedies provided by these Allocation Rules and the Participation Agreement to the Allocation Platform and each Registered Participant are exclusive and not cumulative and, to the extent permissible by law, shall exclude and be in place of all substantive (but not procedural) rights or remedies expressed or implied and provided by law or statute in respect of the subject matter of these Allocation Rules and the Participation Agreement. Accordingly, the Allocation Platform and each Registered Participant hereby waives to the fullest extent possible all such rights and remedies provided by law or statute, and releases each other of them if it is liable to any other of them, its officers, employees and agents to the same extent from all duties, liabilities, responsibilities or obligations provided by law or statute in respect of the matters dealt with in these Allocation Rules and the Participation Agreement and undertakes not to enforce any of the same except as expressly provided herein.

  • No Remedy Exclusive No remedy conferred upon or reserved to the Issuer or the Trustee by this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement, now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair that right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than any notice required by law or for which express provision is made herein.

  • Remedies Non-Exclusive The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent or the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies Not Exclusive The remedies for breach set forth in this Contract are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Contract does not preclude resort by either Party to any other remedies provided by law.

  • No Implied Waivers; Remedies Not Exclusive No failure by the Agent or any Secured Party to exercise, and no delay in exercising and no course of dealing with respect to, any right or remedy under any Security Document shall operate as a waiver thereof; nor shall any single or partial exercise by the Agent or any Secured Party of any right or remedy under any Loan Document preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies specified in the Loan Documents are cumulative and are not exclusive of any other rights or remedies provided by law.

  • No Waiver; Remedies, Etc No failure on the part of any Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right under any Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies of the Agents and the Lenders provided herein and in the other Loan Documents are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law. The rights of the Agents and the Lenders under any Loan Document against any party thereto are not conditional or contingent on any attempt by the Agents and the Lenders to exercise any of their rights under any other Loan Document against such party or against any other Person.

  • Rights and Remedies not Exclusive The enumeration of the foregoing rights and remedies is not intended to be exhaustive and the exercise of any rights or remedy shall not preclude the exercise of any other right or remedies provided for herein or otherwise provided by law, all of which shall be cumulative and not alternative.

  • No Waivers; Non-Exclusive Remedies No failure by any Agent or any Lender to exercise, no course of dealing with respect to, and no delay in exercising any right, power or privilege hereunder or under any Note or other Loan Document shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein and in the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

  • Cumulative Remedies; No Waiver The rights, powers, privileges and remedies of the Administrative Agent and the Lenders provided herein or in any Note or other Loan Document are cumulative and not exclusive of any right, power, privilege or remedy provided by Law or equity. No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The terms and conditions of Article 8 hereof are inserted for the sole benefit of the Administrative Agent and the Lenders; the same may be waived in whole or in part, with or without terms or conditions, in respect of any Borrowing without prejudicing the Administrative Agent’s or the Lenders’ rights to assert them in whole or in part in respect of any other Borrowing.

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