Common use of Waivers and Remedies Clause in Contracts

Waivers and Remedies. The failure of either Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, but the same shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all remedies under this Agreement shall be cumulative and in addition to every other remedy provided for herein or by law.

Appears in 24 contracts

Samples: Coke Purchase Agreement, Coke Purchase Agreement, Coke Sale and Feed Water Processing Agreement

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Waivers and Remedies. The failure of either Party one of the parties hereto to insist in any one or more instances upon strict performance of any of the provisions obligations of the other party pursuant to this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of the performance of any such provisions obligation or the relinquishment of any such rightsrights for the future, but the same shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all remedies under this Agreement shall be cumulative and in addition to every other remedy provided for herein or by law.

Appears in 4 contracts

Samples: Medical Supply Manufacturing Agreement (MedPro Safety Products, Inc.), Medical Supply Manufacturing Agreement (MedPro Safety Products, Inc.), Medical Supply Manufacturing Agreement (MedPro Safety Products, Inc.)

Waivers and Remedies. The failure of either Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement Agreement, or to take advantage of any of its rights hereunder hereunder, shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, but the same shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all remedies under this Agreement shall be cumulative and in addition to every other remedy provided for herein or by law.

Appears in 2 contracts

Samples: Steam Supply and Purchase Agreement, Steam Supply and Purchase Agreement (SunCoke Energy, Inc.)

Waivers and Remedies. 1. The failure of either Party party to insist in any one or more instances upon strict performance of any of the provisions provision of this Agreement by the other party, or to take advantage of any of its rights hereunder hereunder, shall not be construed as a waiver by it of any such provisions rights with respect to any subsequent non-performance of such provision or the relinquishment of any such rights, other matter hereunder; but the same provision shall retain its effectiveness and enforceability, and the rights of the parties shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all remedies under this Agreement shall be cumulative and in addition to every other remedy provided for herein or by law.

Appears in 2 contracts

Samples: Supply Agreement (Louisville Gas & Electric Co /Ky/), Supply Agreement (Louisville Gas & Electric Co /Ky/)

Waivers and Remedies. The failure of either Party party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, but rights and the same shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all All remedies afforded under this Agreement shall be taken and construed as cumulative and in addition to every other remedy provided for herein or by law.

Appears in 2 contracts

Samples: Sale and Purchase Agreement, Sale and Purchase Agreement

Waivers and Remedies. The 24.1 (a) Except where inconsistent with the context hereof the failure of either any Party to insist in any one or more instances instance upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, but the same shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all remedies under this Agreement shall be cumulative and in addition to every other remedy provided for herein or by law.

Appears in 1 contract

Samples: Coronado Global Resources Inc.

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Waivers and Remedies. 27.1. The failure of either Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of the provisions of this Agreement or of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rightsrights for the future, but the same shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all remedies under this Agreement shall be cumulative and in addition to every other remedy provided for herein or by law.,

Appears in 1 contract

Samples: clkrep.lacity.org

Waivers and Remedies. 9.1 The failure of either Party any party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights right hereunder shall not be construed as a waiver of any such provisions or the their relinquishment of any such rightsright, but the same shall continue and remain in full force and effect. Except as otherwise expressly limited in this Agreement, all remedies under this Agreement shall be cumulative and in addition to every other remedy provided for herein or by law.

Appears in 1 contract

Samples: Transportation Agreement (Westmoreland Coal Co)

Waivers and Remedies. The failure of either Party party hereto to insist in any one or more instances upon strict performance of any of the provisions obligations of the other party pursuant to this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of the performance of any such provisions obligation or the relinquishment of any such rightsrights for the future, but the same shall continue and remain in full force and effect. Except as otherwise expressly limited in Upon a material breach of this Agreement, all remedies under provided by law or in equity, including specific performance of this Agreement Agreement, shall be cumulative and in addition available to every other remedy provided for herein or by lawthe affected party.

Appears in 1 contract

Samples: Otter Tail Power Co

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