The "Cumulative Rights" clause ensures that the rights and remedies outlined in a contract are in addition to, and do not replace or limit, other rights and remedies provided by law. This allows parties to pursue multiple avenues for addressing breaches or enforcing terms, without being restricted to the options specified in the contract.
Cumulative rights. Except as expressly provided in this agreement, the rights of a party under this agreement are in addition to and do not exclude or limit any other rights or remedies provided by law.
Other Agreements. If I executed other written agreements relating to this subject matter with the Company or with the Danaher Group, and/or if I later enter into other written agreements that contain provisions similar to the provisions contained in this Agreement, all such provisions shall be interpreted to provide the Company and, as applicable, the Danaher Group, with cumulative rights and remedies, and the benefits and protections provided to the Company and, as applicable, the Danaher Group, under each such agreement shall be given full force and effect. If I executed other written agreements relating to this subject matter with the Company, any Envista Companies, or Danaher Group companies, and/or if I later enter into other written agreements that contain provisions similar to the provisions contained in this Agreement, all such provisions shall be interpreted to provide the Company with cumulative rights and remedies and the benefits and protections provided to the Company under each such agreement shall be given full force and effect.
Cumulative Rights and Remedies; Usury. The rights and remedies of the Payee expressed herein are cumulative and not exclusive of any rights and remedies otherwise available. If it shall be found that any interest outstanding hereunder shall violate applicable laws governing usury, the applicable rate of interest outstanding hereunder shall be reduced to the maximum permitted rate of interest under such law.
The holders of common stock are entitled to one vote per share on all matters to be voted upon by the stockholders and there are no cumulative rights.
The holders of our common stock do not have cumulative rights in the election of directors. The rights, preferences and privileges of holders of our common stock are subject to, and may be adversely affected by, the rights of the holders of our preferred stock.
Cumulative Rights. The remedies of Payee as provided herein shall be cumulative and concurrent and may be pursued successively or concurrently against the Issuer and/or the collateral securing this Note, and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same.
Cumulative Rights. The rights, powers and remedies of Secured Party hereunder shall be in addition to all rights, powers and remedies given by statute or rule of law and are cumulative. The exercise of any one or more of the rights, powers and remedies provided herein shall not be construed as a waiver of any other rights, powers and remedies of Secured Party. Furthermore, regardless of whether or not the Code is in effect in the jurisdiction where such rights, powers and remedies are asserted, Secured Party shall have the rights, powers and remedies of a secured party under the Code. Secured Party may exercise its bankers’ lien or right of set-off with respect to the Secured Obligations in the same manner as if the Secured Obligations were unsecured.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law.
All rights and remedies that any party may have at law, in equity or otherwise upon breach of any term or condition of this Agreement, shall be distinct, separate and cumulative rights and remedies and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy.
Waiver; Cumulative Rights. The failure or delay of either party to require performance by the other party of any provision of this Agreement will not affect its right to require performance of such provision unless and until such performance has been waived in writing. Each right under this Agreement is cumulative and may be exercised in part or in whole from time to time.
Cumulative Rights: The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers or privileges provided by laws or otherwise.
Cumulative Rights. All rights of Lender hereunder or otherwise arising under any documents executed in connection with or as security for the Obligations are separate and cumulative and may be pursued separately, successively or concurrently, or not pursued, without affecting or limiting any other right of Lender and without affecting or impairing the liability of Guarantor.
Cumulative rights refer to rights that accrue over time and do not simply lapse if they are not exercised at the first opportunity. These rights accumulate until they are expressly waived or fulfilled, offering more protection to the party holding them. They ensure that if a right is not exercised immediately, it is not forfeited or lost due to the delay. This can apply to various legal contexts, including dividends, voting rights, and options.
Cumulative rights should be used in scenarios where it is crucial for a party to retain the ability to exercise their rights at a later time, rather than being forced to act promptly. They are particularly useful in:
Selecting cumulative rights is ideal when the stability and assurance of long-term benefits are essential for the parties involved.
When drafting contract language that includes cumulative rights, clarity and specificity are crucial to avoid disputes. The language should explicitly mention that rights will accumulate over time and can be exercised in the future without penalty. Here’s a basic example:
“All rights granted under this agreement shall be cumulative and may be exercised concurrently or independently. Failure to exercise any such right shall not result in its waiver.”
Ensure that the terms of cumulative rights are harmonized with other contract provisions to prevent conflicts.
Cumulative rights are typically found in various types of legal and financial documents, such as:
In each case, the inclusion of cumulative rights aims to balance the contractual obligations and protections between the parties.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
A cure period clause provides a specific timeframe within which a party in breach of a contract can rectify or "cure" the breach to avoid further legal consequences, such as termination of the agreement. This clause offers a structured opportunity to remedy non-compliance, thereby maintaining the contractual relationship and reducing potential disputes.
A "current policy" clause typically stipulates that any actions, decisions, or processes outlined in a contract are to be governed by the policies and procedures that are in effect at the time the contract is executed. This clause ensures that all parties are aware of and adhere to the most up-to-date guidelines, preventing reliance on outdated practices.
The "Data Subject Rights" clause outlines the entitlements of individuals regarding the personal data collected and processed about them, including the rights to access, rectify, erase, restrict, and object to the processing of their data. It also often includes provisions on data portability, allowing individuals to receive their personal data in a structured, commonly used format for transfer to another data controller.
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