Common use of CUMULATIVE REMEDIES AND WAIVER Clause in Contracts

CUMULATIVE REMEDIES AND WAIVER. No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies herein conferred or referred, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Purchase Contract. No delay or omission to exercise any right or power accruing upon any default, omission, or failure of performance hereunder shall impair any right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver, amendment, release, or modification of this Purchase Contract shall be established by conduct, custom, or course of dealing. 16.16 LITIGATION EXPENSES In the event either party hereto commences litigation against the other to enforce its rights hereunder, the prevailing party in such litigation shall be entitled to recover from the other party its reasonable attorneys' fees and expenses incidental to such litigation. 16.17

Appears in 4 contracts

Samples: Purchase and Sale Contract (Century Pension Income Fund Xxiii), Purchase and Sale Contract (Drexel Burnham Lambert Real Estate Associates), Purchase and Sale Contract (Investors First Staged Equity L P)

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CUMULATIVE REMEDIES AND WAIVER. No Except as expressly provided herein, no remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies herein conferred or referred, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Purchase Contract. No delay or omission to exercise any right or power accruing upon any default, omission, or failure of performance hereunder shall impair any right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver, amendment, release, or modification of this Purchase Contract shall be established by conduct, custom, or course of dealing. 16.16 LITIGATION EXPENSES In the event either party hereto commences litigation against the other to enforce its rights hereunder, the prevailing party in such litigation shall be entitled to recover from the other party its reasonable attorneys' fees and expenses incidental to such litigation. 16.17

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties)

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CUMULATIVE REMEDIES AND WAIVER. No Except as otherwise provided herein, no remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies herein conferred or referredremedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Purchase ContractContract or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default, omission, or failure of performance hereunder shall impair any right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver, amendment, release, or modification of this Purchase Contract shall be established by conduct, custom, or course of dealing. 16.16 LITIGATION EXPENSES In the event either party hereto commences litigation against the other to enforce its rights hereunder, the prevailing party in such litigation shall be entitled to recover from the other party its reasonable attorneys' fees and expenses incidental to such litigation. 16.17

Appears in 1 contract

Samples: Purchase and Sale Contract (Consolidated Capital Institutional Properties 2)

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