Actions Omitted Clause Samples
The "Actions Omitted" clause defines the legal consequences or implications when a party fails to take certain actions required under an agreement. Typically, this clause clarifies whether the omission of an action—such as failing to enforce a right or not performing a contractual duty—constitutes a waiver of rights or affects the obligations of the parties. For example, if one party does not immediately object to a breach, the clause may specify that this does not mean they have given up their right to enforce the contract later. Its core function is to prevent misunderstandings or unintended waivers by ensuring that inaction does not automatically alter the parties' rights or obligations under the contract.
Actions Omitted. The absence of any action to enforce any of Lender’s rights under the Loan Documents or available to Lender at law, equity or otherwise, to recover any judgment against Borrower or to enforce a judgment against Borrower under any of the Loan Documents.
Actions Omitted. The absence of any action to enforce any of the EPR Parties’ rights under the MDA or available to the EPR Parties at law, equity or otherwise, to recover any judgment against the Empire Developers or to enforce a judgment against the Empire Developers under any of the Project Documents.
Actions Omitted. The absence of any action to enforce any of Landlord’s rights under the Lease or available to Landlord at law, equity or otherwise, to recover any judgment against Tenant or to enforce a judgment against Tenant under the Lease.