Authority's Remedies Cumulative Sample Clauses

Authority's Remedies Cumulative. 34 Authority’s rights to suspend or terminate the Agreement under Section 11.02, to obtain 35 specific performance under Section 11.03, and to perform and use property under 36 Section 11.04 are not exclusive, and shall not be construed as a limitation on any of the 37 Authority’s other rights or remedies, and the Authority’s exercise of one such right shall 38 not constitute an election of remedies. Instead, they shall be in addition to any and all 39 other legal and equitable rights and remedies that the Authority may have, including a 40 legal action for damages under Section 11.05 or imposition of liquidated damages under 41 Section 11.07.
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Authority's Remedies Cumulative. 1588 The Authority's rights to seek dispute resolution in accordance with Section 8.17, suspend or terminate 1589 this Agreement in accordance with Section 7.2, to perform under Section 7.3, or to seek other available 1590 remedies under Section 7.4, are not mutually exclusive. Exercise of one remedy is not an election of
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Authority's Remedies Cumulative. 1589 The Authority's rights to seek dispute resolution in accordance with Section 8.17, suspend or terminate 1590 this Agreement in accordance with Section 7.2, to perform under Section 7.3, or to seek other available 1591 remedies under Section 7.4, are not mutually exclusive. Exercise of one remedy is not an election of 1592 remedies but is cumulative with any other remedies under this Agreement. 1593 7.6 Waiver 1594 The Authority’s waiver of any breach or Contractor Default shall not be deemed to be a waiver of any 1595 other breach or Contractor Default including ones with respect to the same obligations under this 1596 Agreement; provided however, that nothing herein abrogates applicable statutes of limitations for any 1597 claims which were or could have been brought. The Authority's decision not to demand damages shall 1598 not be deemed a waiver of any Contractor breach under this Agreement. The Authority's subsequent 1599 acceptance of any damages or other money paid by Contractor shall not be deemed to be a waiver by 1600 the Authority of any pre-existing or concurrent breach or Contractor Default; provided however, that 1601 nothing herein abrogates applicable statutes of limitations for any claims which were or could have 1602 been brought . 1603 Contractor acknowledges that it is solely responsible for providing Services and except as provided 1604 below in this paragraph, by this Agreement irrevocably and unconditionally waives defenses to the 1605 payment and performance of its obligations under this Agreement based upon failure of consideration; 1606 contract of adhesion; impossibility or impracticability of performance; commercial frustration of 1607 purpose; or the existence, non-existence, occurrence or non-occurrence of any foreseen or unforeseen 1608 fact, event, or contingency that may be a basic assumption of Contractor with regard to any provision of 1609 this Agreement; provided, however that Contractor does not waive defenses to impossibility or 1610 impracticability of performance; commercial frustration of purpose; or the existence, non-existence, 1611 occurrence or non-occurrence of any unforeseeable fact, event, or contingency that may arise during 1612 the Term of this Agreement. Contractor does not waive any defenses of Uncontrollable Circumstances at 1613 any time. 1614 1615
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Authority's Remedies Cumulative. Specific Performance Authority’s rights to terminate the Agreement under Section 10.2 and to take possession of the Contractor's records under Section 10.4 are not exclusive, and Authority’s termination of the Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights and remedies that Authority may have. By virtue of the nature of this Agreement, the urgency of timely, continuous, and high-quality service, the lead time required to effect alternative service, and the rights granted by Authority to the Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and Authority shall be entitled to injunctive relief (including, but not limited to, specific performance).
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Authority's Remedies Cumulative. Authority’s rights to suspend or terminate the Agreement under Section 11.02, to obtain specific performance under Section 11.03, and to perform and use property under Section 11.04 are not exclusive and shall not be construed as a limitation on any of the Authority’s other rights or remedies, and the Authority’s exercise of one such right shall not constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies that the Authority may have, including a legal action for damages under Section 11.05 or imposition of Liquidated Damages under Section 11.07.
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Authority's Remedies Cumulative. 1603 1604 1605 1606 The Authority's rights to seek dispute resolution in accordance with Section 8.17, suspend or terminate this Agreement in accordance with Section 7.02, to perform under Section 7.03, or to seek other available remedies under Section 7.04 are not mutually exclusive. Exercise of one remedy is not an election of remedies but is cumulative with any other remedies under this Agreement. 1607
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Authority's Remedies Cumulative. 51 9.06 Excuse from Performance 52
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Related to Authority's Remedies Cumulative

  • Remedies Cumulative In the event that the Company fails to observe or perform any covenant or agreement to be observed or performed under this Agreement, the Investor or any other holder of Registrable Securities may proceed to protect and enforce its rights by suit in equity or action at law, whether for specific performance of any term contained in this Agreement or for an injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement or to enforce any other legal or equitable right, or to take any one or more of such actions, without being required to post a bond. None of the rights, powers or remedies conferred under this Agreement shall be mutually exclusive, and each such right, power or remedy shall be cumulative and in addition to any other right, power or remedy, whether conferred by this Agreement or now or hereafter available at law, in equity, by statute or otherwise.

  • WAIVERS, REMEDIES CUMULATIVE There is no implied waiver of rights under this agreement. No failure or delay on the part of a party in exercising any of its rights under this agreement or in insisting upon strict performance of provisions of this agreement, no partial exercise by either party of any of its rights under this agreement, and no course of dealing between the parties shall constitute a waiver of the rights of any party under this agreement, other than the requirement to raise a matter of breach within 30 days of discovery. Any waiver shall be effective only by a written instrument signed by the party granting such waiver, and such waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply with this agreement. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.

  • Waiver; Remedies Cumulative The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

  • Remedies Cumulative, etc Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Pledgee, in each case, acting upon the instructions of the Required Secured Creditors, and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Pledgee for the benefit of the Secured Creditors upon the terms of this Agreement and the Security Agreement.

  • Remedies Cumulative; Waiver (a) The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by Legal Requirements, (i) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement. (b) At any time prior to the Effective Time, Parent (with respect to the Company) and the Company (with respect to Parent and Merger Sub), may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of such party to this Agreement, (ii) waive any inaccuracies in the representation and warranties contained in this Agreement or any document delivered pursuant to this Agreement and (iii) waive compliance with any covenants, obligations or conditions contained in this Agreement. Any agreement on the part of a party to this Agreement to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party.

  • Waivers and remedies cumulative The rights of each Finance Party under the Finance Documents: (a) may be exercised as often as necessary; (b) are cumulative and not exclusive of its rights under the general law; and (c) may be waived only in writing and specifically. Delay in exercising or non-exercise of any right is not a waiver of that right.

  • No Waiver; Remedies Cumulative No failure or delay on the part of any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Credit Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. The rights, powers and remedies given to each Agent and each Lender hereby are cumulative and shall be in addition to and independent of all rights, powers and remedies existing by virtue of any statute or rule of law or in any of the other Credit Documents. Any forbearance or failure to exercise, and any delay in exercising, any right, power or remedy hereunder shall not impair any such right, power or remedy or be construed to be a waiver thereof, nor shall it preclude the further exercise of any such right, power or remedy.

  • No implied waivers, remedies cumulative No failure or delay on the part of any of the Banks to exercise any power, right or remedy under any of the Security Documents shall operate as a waiver thereof, nor shall any single or partial exercise by any Bank of any power, right or remedy preclude any other or further exercise thereof or the exercise of any other power, right or remedy. The remedies provided in the Security Documents are cumulative and are not exclusive of any remedies provided by law. No waiver by any Bank shall be effective unless it is in writing.

  • Powers and Remedies Cumulative No right or remedy herein conferred upon or reserved to Purchaser is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Every power and remedy given by the Convertible Debentures or by law may be exercised from time to time, and as often as shall be deemed expedient, by Purchaser.

  • Rights and Remedies Cumulative Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities in the last paragraph of Section 306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

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