Cumulative remedies provision
WebMar 25, 2024 · For example, if a contract has delay provisions and an exclusive remedies clause, then the contractor’s remedy for delay is limited to the relief provided in the delay provisions of the contract. A … WebBank’s rights and remedies under this Agreement, the Loan Documents, and all other agreements shall be cumulative. Bank shall have all other rights and remedies not …
Cumulative remedies provision
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Web[PARTY B]'s rights to indemnification and to advancement of expenses under this agreement will not be deemed exclusive of any other rights [PARTY B] is or may be entitled to under applicable Law, [PARTY A]'s certificate of incorporation or bylaws, any agreement, a vote of stockholders, a resolution of directors, or otherwise. WebRemedies cumulative. The remedies provided for in this chapter shall be cumulative and nothing herein shall alter, abridge or foreclose alternative actions at common law or in equity or under statutory law, civil or criminal. [ 1971 ex.s. c 212 § 17 .]
WebWhat are cumulative remedies? In the event of a breach of contract, the nonbreaching party is allowed to pursue any and all remedies that may be available under the facts of … WebAny deductibles, baskets, or thresholds that apply to shift the risk back to the indemnified party until the specified level of damages have accrued. The relationship between the …
WebNo single or partial exercise of any such power, right, or privilege will preclude further exercise thereof or of any other right, power, or privilege. All rights and remedies existing under this Agreement are cumulative with, and not exclusive of, any rights or remedies otherwise available. Sample 1 Sample 2 Sample 3 See All ( 43) WebThe rights and remedies of the Corporation, as provided in this Section 9 shall be cumulative and concurrent and may be pursued separately, successively or together …
WebJul 10, 2013 · For information on exclusive remedies, see Standard Clause, General Contract Clauses: Cumulative Remedies (with Exclusive Remedies Carve-out). Liquidated damages. A liquidated damages provision is a type of exclusive remedies clause that requires the breaching party to pay a pre-determined fixed amount, or an amount based …
WebCopy. Remedies. Each of the parties to this Agreement will be entitled to enforce its rights under this Agreement specifically, to recover damages and costs ( including attorney ’s … phoenix broadway shows 2023WebGenerally, the provisions of cumulative rights in a business contract are found in the miscellaneous part of the contract. As mentioned earlier, cumulative rights and … ttf in cssWebIt discusses key issues including statutory and common law barriers to enforcement, defining the scope of the indemnity, limiting liability, and alternatives to indemnification. This resource includes drafting and negotiating tips. Get full … phoenix broadbandWebSep 17, 2024 · A cumulative remedies provision, if purposefully chosen, also will remove possible ambiguity about whether “special” remedies provided in one portion of the contract were intended by the parties to be the exclusive remedy for a particular breach. … I’ve dabbled in governing-law provisions. Here are the relevant blog posts from … The voice that matters. Innovative scholarship. Extensive writings. … phoenixbr youtubeWebSep 26, 2024 · A sole and exclusive remedy clause allows parties to a contract to choose specific remedies and relief available under the terms of the agreement. Essentially, … ttf ipeWebAug 11, 2011 · Most contracts contain a cumulative remedies provision. It typically goes something like this: “all rights and remedies provided in this Agreement are cumulative and not exclusive of any... phoenix brothers bvbaWebThe parties need to have a clear understanding as to the definition of the types of damages that could be at issue in their agreement: Compensatory damages; Actual damages; General damages; Special damages; Consequential damages; Damages recoverable under the UCC; Lost profits; and Punitive damages. No Penalties Allowed ttf in usd