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What Is a Limitation Clause? Limitation clauses are an important part of contracts. They are where the contract spells out what each side will be held responsible for under the specific terms and conditions also outlined.
Under UCC Article 2-719, parties to a sales contract are free to modify, alter, substitute or limit a buyers remedies, including the limitation or exclusion of consequential damages.
In many agreements, you may find a clause labeled limitation of remedy. This clause is largely similar to a limitation of liability clause in that it controls how much responsibility a company has under a contract. Often, however, the limitation of remedy clauses limits the types of remedies you can pursue.
The two categories of remedies for bdocHub of contract are legal and equitable. In the legal category are damages; in the equitable category are specific performance, injunctions, and restitution.
Under UCC Article 2-719, parties to a sales contract are free to modify, alter, substitute or limit a buyers remedies, including the limitation or exclusion of consequential damages. But there are exceptions. The exceptions are what courts have struggled with.
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There are several remedies for bdocHub of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.
The cumulative remedies clause in a commercial lease preserves all of the Landlords remedies under the commercial lease. It does not operate to change the position at law that a landlord may not distrain against a tenants property and terminate the lease at the same time.
The Remedies Cumulative clause provides that the parties are entitled to pursue any and all remedies that may be available under the facts of the dispute, even though some of those remedies may be inconsistent with each other.
A cumulative remedies clause states the parties intention that the express rights and remedies set out in the agreement are in addition to any other rights or remedies provided by law or equity, and not in substitution for them.
A cumulative remedies clause states the parties intention that the express rights and remedies set out in the agreement are in addition to any other rights or remedies provided by law or equity and not in substitution for them.

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