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General Contract Clauses: Cumulative Remedies (with Exclusive Remedies Carve-Out)

by Practical Law Commercial Transactions

Maintained | USA (National/Federal)

Standard Clause stating the parties' intention that express rights and remedies set out in the agreement are cumulative and in addition to any other rights or remedies provided by law or equity, and not in substitution for them. If the parties intend that certain express remedies like liquidated damages constitute the exclusive or sole remedy for a particular breach, the parties can include the optional exclusive remedy carve-out. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips.

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