Common use of Conduct No Waiver; Remedies Cumulative Clause in Contracts

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor under this Guaranty are continuing obligations and a separate and independent cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreement. No course of dealing on the part of any Lender or the Agent, nor any delay or failure on the part of any Lender or the Agent in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the rights and remedies of the Lenders and the Agent hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders or the Agent under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders or the Agent may be exercised from time to time and as often as may be deemed expedient by them.

Conduct No Waiver; Remedies Cumulative. The obligations of each the Guarantor under this Guaranty are continuing obligations and a separate and independent fresh cause of action shall arise in respect of each enforcement hereunder and event of default hereunder or under the Credit Agreementhereunder. No course of dealing on the part of any Lender Bank or the Agent, nor any delay or failure on the part of any Lender Bank or the Agent in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice any Bank or the Agent's rights and remedies of the Lenders and the Agent hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders Banks or the Agent under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders Banks or the Agent may be exercised from time to time and as often as may be deemed expedient by them.

Conduct No Waiver; Remedies Cumulative. The obligations of each the Guarantor under this Guaranty are continuing obligations and a separate and independent an additional cause of action shall arise in respect of each enforcement hereunder and event of default hereunder or under the Credit Agreementhereunder. No course of dealing on the part of any Lender or the AgentNBD, nor any delay or failure on the part of any Lender or the Agent NBD in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the NBD's rights and remedies of the Lenders and the Agent hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders or the Agent NBD under this Guaranty Agreement is intended to be exclusive of any other right or remedy, and every right and remedy shall be 138 GUARANTY AGREEMENT-NBD 68 cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty Agreement or by applicable law to the Lenders or the Agent NBD may be exercised from time to time and as often as may be deemed expedient by themNBD.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor under this Guaranty are continuing obligations and a separate and independent cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreement. No course of dealing on the part of the Administrative Agent or any Lender or the AgentBank, nor any delay or failure on the part of any Lender or the Administrative Agent in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the rights and remedies of the Lenders and the Administrative Agent hereunder; , nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders or the Administrative Agent under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders or the Administrative Agent may be exercised from time to time and as often as may be deemed expedient by themit.

Conduct No Waiver; Remedies Cumulative. The obligations of each the Guarantor under this Guaranty are continuing obligations and a separate and independent fresh cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit AgreementEvent of Default hereunder. No course of dealing on the part of the Agent or any Lender or the Agent, Bank nor any delay or failure on the part of any Lender or the Agent or any Bank in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the Agent or any Bank's rights and remedies of the Lenders and the Agent hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders Agent or the Agent any Bank under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders Agent or the Agent any Bank may be exercised from time to time and as often as may be deemed expedient by themthe Agent or any Bank.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor the Guarantors under this Guaranty are continuing obligations and a separate and independent fresh cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreementhereunder. No course of dealing on the part of any Lender Agent or the Agentany Lender, nor any delay or failure on the part of any Agent or any Lender or the Agent in exercising any right, power or privilege hereunder or under any Operative Document shall operate as a waiver of such AMENDED AND RESTATED GUARANTY AGREEMENT --------------------------------------- right, power or privilege or otherwise prejudice the any Agent's or any Lender's rights and remedies of the Lenders and the Agent hereunderhereunder or thereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders any Agent or the Agent any Lender under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or under any Operative Document or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or under any Operative Document or by applicable law to the Lenders any Agent or the Agent any Lender may be exercised from time to time and as often as may be deemed expedient by themany Agent or any Lender.

Conduct No Waiver; Remedies Cumulative. The obligations of each the Guarantor under this Guaranty are continuing obligations and a separate and independent cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit AgreementAgreements. No course of dealing on the part of any Lender or the AgentBank, nor any delay or failure on the part of any Lender or the Agent Bank in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the rights and remedies of the Lenders and the Agent Bank hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders or the Agent Bank under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders or the Agent Bank may be exercised from time to time and as often as may be deemed expedient by them.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor the -------------------------------------- Guarantors under this Guaranty are continuing obligations and a separate and independent fresh cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreementhereunder. No course of dealing on the part of any Lender Agent or the Agentany Lender, nor any delay or failure on the part of any Agent or any Lender or the Agent in exercising any right, power or privilege hereunder or under any Operative Document shall operate as a waiver of such right, power or privilege or otherwise prejudice the any Agent's or any Lender's rights and remedies of the Lenders and the Agent hereunderhereunder or thereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders any Agent or the Agent any Lender under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or under any Operative Document or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or under any Operative GUARANTY AGREEMENT ------------------ 8 Document or by applicable law to the Lenders any Agent or the Agent any Lender may be exercised from time to time and as often as may be deemed expedient by theman agent or any Lender.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor under this Guaranty are continuing obligations and a separate and independent cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreement. No course of dealing on the part of any Lender Bank or the Agent, nor any delay or failure on the part of any Lender Bank or the Agent in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the rights and remedies of the Lenders Banks and the Agent hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders Banks or the Agent under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders Banks or the Agent may be exercised from time to time and as often as may be deemed expedient by them.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor the Guarantors under this Guaranty are continuing obligations and a separate and independent cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreement. No course of dealing on the part of any Lender or the Agent, nor any delay or failure on the part of any Lender or the Agent in exercising any right, power power, or privilege hereunder shall operate as a waiver of such right, power power, or privilege or otherwise prejudice the rights and remedies of the Lenders and the Agent hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders or the Agent under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders or the Agent may be exercised from time to time and as often as may be deemed expedient by them.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor the -------------------------------------- Guarantors under this Guaranty are continuing obligations and a separate and independent fresh cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreementhereunder. No course of dealing on the part of any Lender Agent or the Agentany Lender, nor any delay or failure on the part of any Agent or any Lender or the Agent in exercising any right, power or privilege hereunder or under any Operative Document shall operate as a waiver of such right, power or privilege or otherwise prejudice the any Agent's or any Lender's rights and remedies of the Lenders and the Agent hereunderhereunder or thereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders any Agent or the Agent any Lender under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or under any Operative Document or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or under any Operative Document or by applicable law to the Lenders any Agent or the Agent any Lender may be exercised from time to time and as often as may be deemed expedient by themany Agent or any Lender.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor under this Guaranty are continuing obligations and a separate and independent cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreement. No course of dealing on the part of the Administrative Agent or any Lender or the AgentBank, nor any delay or failure on the part of any Lender or the Administrative Agent in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the rights and remedies of the Lenders and the Administrative Agent hereunder; , nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders or the Administrative Agent under this Guaranty is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty or by applicable law to the Lenders or the Administrative Agent may be exercised from time to time and as often as may be deemed expedient by themit.

Conduct No Waiver; Remedies Cumulative. The obligations of each Guarantor under this Guaranty are continuing obligations and a separate and independent cause of action shall arise in respect of each enforcement hereunder and default hereunder or under the Credit Agreement. No course of dealing on the part of any Lender or the Agent, the LC Issuer or any Lender, nor any delay or failure on the part of the Agent, the LC Issuer or any Lender or the Agent in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege or otherwise prejudice the Agent's, the LC Issuer's or any Lender's rights and remedies of the Lenders and the Agent hereunder; nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. No right or remedy conferred upon or reserved to the Lenders Agent, the LC Issuer or the Agent any Lender under this Guaranty Agreement is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing under any applicable law. Every right and remedy given by this Guaranty Agreement or by applicable law to the Lenders Agent, the LC Issuer or the Agent any Lender may be exercised from time to time and as often as may be deemed expedient by themthe Agent, the LC Issuer or any Lender.