Common use of Delays and Waivers of Other Remedies Clause in Contracts

Delays and Waivers of Other Remedies. No delay or omission of Lessee to exercise any right or power accruing upon the occurrence and during the continuance of any Lessor Event of Default shall impair any other or subsequent Lessor Event of Default or impair any rights or remedies consequent thereto unless such Lessor Event of Default is cured. Subject to the provisions of subsection (a), above, which provide that such remedies are available without duplication of certain other claims, every power and remedy given by this Section 23.4 to Lessee may be exercised from time-to-time, and as often as may be deemed expedient, by Lessee, subject at all times to Lessee’s right to change any course of action undertaken by Lessee. Lessee hereby irrevocably waives and releases any and all rights and remedies with respect to any Lessor Event of Default other than as expressly granted in this Section 23.4. provided, however, that this sentence shall not be deemed to prohibit collection by Lessee of amounts due and owing from Lessor which payment obligation has accrued or arisen with respect to facts or circumstances during the Term, including indemnification claims which arose during the Term pursuant to Sections 21.2 and 22.4, but without duplication of any such amounts or claims and such remedies.

Appears in 6 contracts

Samples: Services Agreement (Arc Logistics Partners LP), Services Agreement (CorEnergy Infrastructure Trust, Inc.), Membership Interests Purchase Agreement (Arc Logistics Partners LP)

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Delays and Waivers of Other Remedies. No delay or omission of Lessee Tenant to exercise any right or power accruing upon the occurrence and during the continuance of any Lessor Landlord Event of Default shall impair any other or subsequent Lessor Landlord Event of Default or impair any rights or remedies consequent thereto unless such Lessor Landlord Event of Default is cured. Subject to the provisions of subsection (a), above, which provide that such remedies are available without duplication of certain other claims, every power and remedy given by this Section 23.4 to Lessee Tenant may be exercised from time-to-time, and as often as may be deemed expedient, by LesseeTenant, subject at all times to LesseeTenant’s right to change any course of action undertaken by LesseeTenant. Lessee Tenant hereby irrevocably waives and releases any and all rights and remedies with respect to any Lessor Landlord Event of Default other than as expressly granted in this Section 23.4. , provided, however, that this sentence shall not be deemed to prohibit collection by Lessee Tenant of amounts due and owing from Lessor Landlord which payment obligation has accrued or arisen with respect to facts or circumstances during the Term, including indemnification claims which arose during the Term pursuant to Sections 21.2 and 22.4, but without duplication of any such amounts or claims and such remedies.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (CorEnergy Infrastructure Trust, Inc.)

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Delays and Waivers of Other Remedies. No delay or omission of Lessee Tenant to exercise any right or power accruing upon the occurrence and during the continuance of any Lessor Landlord Event of Default shall impair any other or subsequent Lessor Landlord Event of Default or impair any rights or remedies consequent thereto unless such Lessor Landlord Event of Default is cured. Subject to the provisions of subsection (a)) , above, which provide that such remedies are available without duplication of certain other claims, every power and remedy given by this Section 23.4 to Lessee Tenant may be exercised from time-to-time, and as often as may be deemed expedient, by LesseeTenant, subject at all times to LesseeTenant’s right to change any course of action undertaken by LesseeTenant. Lessee Tenant hereby irrevocably waives and releases any and all rights and remedies with respect to any Lessor Landlord Event of Default other than as expressly granted in this Section 23.4. provided23.4 , howeverprovided , however , that this sentence shall not be deemed to prohibit collection by Lessee Tenant of amounts due and owing from Lessor Landlord which payment obligation has accrued or arisen with respect to facts or circumstances during the Term, including indemnification claims which arose during the Term pursuant to Sections 21.2 and 22.422.4 , but without duplication of any such amounts or claims and such remedies.

Appears in 1 contract

Samples: Connection and Access Agreement (Energy XXI LTD)

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