Common use of Delay Not Waiver Clause in Contracts

Delay Not Waiver. (a) No right, power or remedy herein conferred upon or reserved to the Collateral Agent hereunder is intended to be exclusive of any other right, power or remedy, and every such right, power and remedy shall, to the extent permitted by Applicable Law, be cumulative and in addition to every other right, power and remedy given hereunder or under any other Sale Document 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. (b) No delay or omission in exercising any right, power or remedy accruing to the Collateral Agent shall impair any such right, power or remedy of the Collateral Agent, nor shall it be construed to be a waiver of any breach or default by any Depositary Bank or an acquiescence therein, nor shall any waiver of any other breach or default under this Agreement or any other Sale Document be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of the Collateral Agent of any breach or default under this Agreement, or any waiver on the part of Collateral Agent of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing.