Common use of WAIVER AND CUMULATIVE REMEDIES Clause in Contracts

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 149 contracts

Samples: Global Terms, Master Subscription Agreement for Hosted Services, Master Subscription Agreement

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WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 24 contracts

Samples: Accela Master Services Agreement, Ciphertrace End User License Agreement, Master Professional Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right. A waiver shall only be effective in writing executed by the party granting the waiver. Other than as expressly stated herein, the any remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 23 contracts

Samples: Merchant Services Agreement for Sub, Merchant Services Agreement for Sub, Sub Merchant Processing Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 22 contracts

Samples: License Agreement, RCM Standard Terms And, Standard Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equityParty.

Appears in 15 contracts

Samples: Software and Services Subscription Agreement, And Services Subscription Agreement, And Services Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 12 contracts

Samples: Glovia Om Isvforce Solution Service Agreement, Glovia Om Combined Solution Service Agreement, Apollo Event Registration Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 11 contracts

Samples: Voluntary Collection Agreement, Voluntary Collection Agreement, Voluntary Collection Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either on the part of any party to this Agreement in exercising any right under this Agreement right, power or remedy hereunder shall constitute operate as a waiver thereof; nor shall any single or partial exercise of that any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. Other than as expressly stated herein, the The remedies herein provided herein are in addition to, cumulative and not exclusive of, of any other remedies of a party at law or in equityprovided by law.

Appears in 10 contracts

Samples: Regulation D Subscription Agreement (Show King Holdings Inc.), Regulation D Subscription Agreement (Show King Holdings Inc.), Regulation D Subscription Agreement (San Lotus Holding Inc)

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement AGREEMENT shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 8 contracts

Samples: Terms and Conditions Absorb Software, Terms and Conditions Absorb Software, Terms and Conditions Absorb Software

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 8 contracts

Samples: Master Subscription Agreement, Base Saas Terms of Service, Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 7 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated hereintherein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 5 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions, Standard Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Any waiver in a particular instance shall not constitute a waiver of the same or different rights or breaches in any other instance. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 5 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right or any other right. Other than as expressly stated hereinstated, the remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 4 contracts

Samples: assets.applytosupply.digitalmarketplace.service.gov.uk, assets.applytosupply.digitalmarketplace.service.gov.uk, Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 4 contracts

Samples: Khoros Master Services Agreement, Master Subscription and Services Agreement, Effective

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right rights under this the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein in the Terms of Service are in addition to, and not exclusive ofexclusive, of any other remedies of a party at law or in equity.

Appears in 3 contracts

Samples: www.clubessential.com, www.clubready.club, www.clubready.club

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 3 contracts

Samples: Service Terms and Conditions Absorb Software, Service Terms and Conditions, Service Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equityunder applicable laws.

Appears in 3 contracts

Samples: License Agreement, License Agreement, Agency Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. 14.5.

Appears in 2 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law Law or in equity.

Appears in 2 contracts

Samples: Customer Agreement, Customer Terms of Use

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Web Application Services and Hosting Agreement, static1.squarespace.com

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement or Your Order Form shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: Recright Master Subscription License Agreement, Recright Master Subscription License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of available to a party at law or in equity.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated hereinin this Agreement, the remedies provided herein referred to in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: www.clicktools.com, www.clicktools.com

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall Addendum will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 2 contracts

Samples: These Professional Services Terms, These Professional Services Terms

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these Terms and Conditions shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right right, power, or remedy under this Agreement shall constitute a waiver of that right, power, or remedy. Other than as expressly stated hereinin this Agreement, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Subscriber Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these CLAs shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Codenotary License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement these Terms and Conditions shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided pro- vided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Terms and Conditions

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WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute constitutes a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: www.continuent.com

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated hereinin this Agreement, the remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute constitutes a waiver of that right. Other than as expressly stated herein, the remedies provided pro- vided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: www.continuent.com

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Mutual Non Disclosure Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than Except as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Client Staffing Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.Party. 15.6

Appears in 1 contract

Samples: Kaispe Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either any party in exercising any right or remedy under this Agreement shall constitute a waiver of that rightright or remedy or any other right or remedy. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Tactal Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement these Terms and Conditions shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies a Party may have in terms of a party at law or in equitythe law.

Appears in 1 contract

Samples: Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity. No claim or action arising out of this Agreement may be asserted by either Party more than 1 year after the date on which such Party has actual knowledge of the material facts upon which the claim or action is based; such limitation will not extend any applicable statute of limitations.

Appears in 1 contract

Samples: Online Terms and Conditions

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right right, power or remedy under this Agreement shall constitute a waiver of that right, power or remedy. Other than as expressly stated hereinin this Agreement, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Jostle Services Subscriber Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law Law or in equity.

Appears in 1 contract

Samples: Master Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall these PS Terms will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: These Professional Services Terms

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this Agreement shall constitute a waiver of that right. Other Ot her than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any an y other remedies of a party at law or in equityParty.

Appears in 1 contract

Samples: Software and Services Subscription Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party Party in exercising any right under this the Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Master Services Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Data Assessment Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party in exercising any right under this Agreement the XXXX shall constitute a waiver of that right. Other than as expressly stated hereinin the XXXX, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equityunder applicable laws.

Appears in 1 contract

Samples: End User License Agreement

WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either party a Party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated hereinstated, the remedies provided herein in this Agreement are in addition to, and not exclusive of, any other remedies of a party Party at law or in equity.

Appears in 1 contract

Samples: Airbnb Experience Ambassador Agreement

WAIVER AND CUMULATIVE REMEDIES. No Except as noted in Section 4.4 (Minor Changes to this Agreement), no failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Appears in 1 contract

Samples: Master Subscription Agreement

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