Common use of Additional Rights; Mortgage Clause in Contracts

Additional Rights; Mortgage. (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing by Law or in equity and the exercise by the Lessor of any one or more of such rights, powers or remedies shall not preclude the simultaneous exercise of any or all of such other rights, powers or remedies. Failure to insist upon the strict performance of any provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by the Lessor (or by the Trustee on behalf of the Lessor) of any Fixed Rent, Additional Rent or other sum payable hereunder with knowledge of the breach by Lessee of any provision hereof shall not constitute waiver of such breach, and no waiver by the Lessor or the Trustee of any provision hereof shall be deemed to have been made unless made in writing. The Lessor and the Trustee shall be entitled to injunctive relief in case of the violation or attempted or threatened violation of any of the provisions hereof, a decree compelling performance of any of the provisions hereof or any other remedy allowed to the Lessor by Law or in equity.

Appears in 3 contracts

Samples: Participation Agreement (Ferro Corp), Lease (Geon Co), Participation Agreement (Ferro Corp)

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Additional Rights; Mortgage. (a) No right or remedy hereunder --------------------------- shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or under the other Operative Documents or now or hereafter existing by at Law or in equity and the exercise by the Lessor or the Collateral Agent of any one or more of such rights, powers or remedies shall not preclude the simultaneous exercise of any or all of such other rights, powers or remedies. Failure to insist upon the strict performance of any provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by the Lessor (or by the Trustee Agent on behalf of the Lessor) of any Fixed Rent, Additional Rent Rent, Residual Guaranty, Termination Value or other sum payable hereunder or under any other Operative Document with knowledge of the breach by the Lessee of any provision hereof shall not constitute a waiver of such breach, and no waiver by the Lessor or the Trustee of any provision hereof shall be deemed to have been made unless made in writing. The Lessor and the Trustee shall be entitled to injunctive relief in case of the violation or attempted or threatened violation of any of the provisions hereof, a decree compelling performance of any of the provisions hereof or any other remedy allowed to the Lessor by Law at law or in equity.

Appears in 2 contracts

Samples: Mill I Lease (Tenneco Inc /De), Ii Lease (Tenneco Inc /De)

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