Common use of Buyer’s Exercise of Remedies Clause in Contracts

Buyer’s Exercise of Remedies. No failure on the part of Buyer to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power by Buyer. Each and every right, remedy and power hereby granted to Buyer or allowed it under applicable Law or other agreement shall be cumulative and not exclusive of any other and may be exercised by Buyer at any time or from time to time; provided that it is expressly understood and agreed that Guarantor shall not have any liability or obligation under any theory of Law or other agreement to pay the Buyer any amount in excess of the Cap (less any amounts recovered by the Buyer from [BofA Strategic and less any amounts in excess of $596,494,004 recovered from]4 any other Affiliate of the Guarantor[, in either case]5 with respect to the Guaranteed Obligations) and in no event shall the Buyer seek to recover any money damages from the Guarantor in excess of the Cap (less any amounts recovered by the Buyer from [BofA Strategic and less any amounts in excess of $596,494,004 recovered from]6 any other Affiliate of the Guarantor[, in either case]7 with respect to the Guaranteed Obligations).

Buyer’s Exercise of Remedies. No failure on the part of Buyer to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power by Buyer. Each and every right, remedy and power hereby granted to Buyer or allowed it under applicable Law or other agreement shall be cumulative and not exclusive of any other and may be exercised by Buyer at any time or from time to time; provided that it is expressly understood and agreed that Guarantor shall not have any liability or obligation under any theory of Law or other agreement to pay the Buyer any amount in excess of the Cap (less any amounts recovered by the Buyer from [BofA Strategic and less any amounts in excess of $596,494,004 recovered from]4 from]2 any other Affiliate of the Guarantor[, in either case]5 case]3 with respect to the Guaranteed Obligations) and in no event shall the Buyer seek to recover any money damages from the Guarantor in excess of the Cap (less any amounts recovered by the Buyer from [BofA Strategic and less any amounts in excess of $596,494,004 recovered from]6 from]4 any other Affiliate of the Guarantor[, in either case]7 case]5 with respect to the Guaranteed Obligations).

Buyer’s Exercise of Remedies. No failure on the part of Buyer to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power by Buyer. Each and every right, remedy and power hereby granted to Buyer or allowed it under applicable Law or other agreement shall be cumulative and not exclusive of any other and may be exercised by Buyer at any time or from time to time; provided that it is expressly understood and agreed that Guarantor shall not have any liability or obligation under any theory of Law or other agreement to pay the Buyer any amount in excess of the Cap (less any amounts recovered by the Buyer from [BofA Strategic and less any amounts in excess of $596,494,004 recovered from]4 from any other Affiliate of the Guarantor[, in either case]5 case with respect to the Guaranteed Obligations) and in no event shall the Buyer seek to recover any money damages from the Guarantor in excess of the Cap (less any amounts recovered by the Buyer from [BofA Strategic and less any amounts in excess of $596,494,004 recovered from]6 from any other Affiliate of the Guarantor[, in either case]7 case with respect to the Guaranteed Obligations).