Common use of Cumulative Remedies; Waivers Clause in Contracts

Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark at law or in equity. No express or implied waiver by Tekmark of any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark provided for by this Security Agreement and applicable law.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement (Intercloud Systems, Inc.)

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Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark Lender at law or in equity. No express or implied waiver by Tekmark Lender of any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark Lender provided for by this Security Agreement and applicable law.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bogen Communications International Inc), Loan and Security Agreement (Programmers Paradise Inc)

Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark Subordinate Lender at law or in equity. No express or implied waiver by Tekmark Subordinate Lender of any default or Event of Default or any Sentinel Event hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of DefaultDefault or Sentinel Event. The failure or delay of Tekmark Subordinate Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark Subordinate Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark provided for by this Security Agreement and applicable law.

Appears in 1 contract

Samples: Subordinate Loan Agreement

Cumulative Remedies; Waivers. No remedy ---------------------------- referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark the Lender at law or in equity. No express or implied waiver by Tekmark the Lender of any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark the Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation occurrence, continuation, or recurrence of any such contingencies contingency or similar contingencies contingency and any single or partial exercise of any particular right by Tekmark Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark the Lender provided for by this Security Agreement and applicable law.

Appears in 1 contract

Samples: Credit and Security Agreement (Cadapult Graphic Systems Inc)

Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark the Lender at law or in equity. No express or implied waiver by Tekmark of the Lender or any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark the Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark the Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark the Lender provided for by this Security Agreement and applicable law.

Appears in 1 contract

Samples: Loan and Security Agreement (Comstock Homebuilding Companies, Inc.)

Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark Lender at law or in equity. No express or implied waiver by Tekmark Lender of any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark Lender provided for by this Security Loan Agreement and applicable law.

Appears in 1 contract

Samples: Loan Agreement (Usa Detergents Inc)

Cumulative Remedies; Waivers. No remedy referred to herein is ----------------------------- intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark Lender at law or in equity. No express or implied waiver by Tekmark Lender of any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon provided herein are in addition to and are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark Lender provided for by this Security Agreement and under the Uniform Commercial Code or other applicable law.

Appears in 1 contract

Samples: Loan Agreement (TFC Enterprises Inc)

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Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark Lender at law or in equity. No express or implied waiver by Tekmark Lender of any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon provided herein are in addition to and are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark Lender provided for by this Security Agreement and under the Uniform Commercial Code, as amended, or other applicable law.

Appears in 1 contract

Samples: Loan Security and Service Agreement (Auto Underwriters of America, Inc.)

Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark Lender at law or in equity. No express or implied waiver by Tekmark Lender of any default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default or Event of Default. The failure or delay of Tekmark Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon provided herein are in addition to and are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark Lender provided for by this Security Agreement and under the Uniform Commercial Code or other applicable law.

Appears in 1 contract

Samples: Loan, Security and Service Agreement (Easy Money Holding Corp)

Cumulative Remedies; Waivers. No remedy referred to herein is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Tekmark Lender at law or in equity. No express or implied waiver by Tekmark Lender of any default Default or Event of Default hereunder shall in any way be, or be construed to be, a waiver of any future or subsequent default Default or Event of Default. The failure or delay of Tekmark Lender in exercising any rights granted it hereunder upon any occurrence of any of the contingencies set forth herein shall not constitute a waiver of any such right upon the continuation or recurrence of any such contingencies or similar contingencies and any single or partial exercise of any particular right by Tekmark Lender shall not exhaust the same or constitute a waiver of any other right provided herein. The Events of Default and remedies thereon are not restrictive of and shall be in addition to any and all other rights and remedies of Tekmark Lender provided for by this Security Agreement Agreement, the other Loan Documents and applicable law.

Appears in 1 contract

Samples: Loan and Security Agreement (Ilx Inc/Az/)

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