Enforcement and Waiver. The failure of either party in any one or more instances to insist upon strict performance of any of the terms and provisions of this Agreement, shall not be construed as a waiver of the right to assert any such terms and provisions on any future occasion or of damages caused thereby.
Enforcement and Waiver. Each party has the right at all times to enforce the provisions of this Agreement in strict accordance with the terms, notwithstanding any conduct or custom on the part of such party in refraining from so doing at any time or times. The failure to enforce its rights under those provisions, strictly in accordance with the same, is not construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the respective parties are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.
Enforcement and Waiver. Each party has the right at all times to enforce the provisions of this Agreement in strict accordance with the terms, notwithstanding any conduct or custom on the part of such party in refraining from so doing at any time or times. The failure of a party hereto at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the respective parties hereto are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy. Section 10.12.
Enforcement and Waiver. Each party hereto shall have the right at all times to enforce the provisions of this Agreement in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of such party in refraining from so doing at any time or times. The failure of a party hereto at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the respective parties hereto are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.
Enforcement and Waiver. You are liable to us for any expenses (including legal fees subject to applicable law) that we incur in enforcing the terms of this Agreement or any document it incorporates by reference against you, and in the first instance we will charge your account(s) to satisfy these expenses. We reserve the right to waive or delay enforcement of any provision of this Agreement or any document it incorporates by reference with respect to any transaction(s) or account(s). A waiver or delay of our rights or remedies at any time shall not be a waiver of any other rights or a waiver of the same rights or remedies at a future time.
Enforcement and Waiver. Bank shall have the right at all times to enforce the provisions of this Agreement and the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct of Bank in refraining from so doing at any time or times. Bank's failure to enforce any such provision or to exercise any right available to Bank upon the occurrence of an Event of Default shall not constitute a waiver of, or bar Bank from enforcing or exercising, any such provision or right upon the subsequent occurrence of the same or any other Event of Default. All rights and remedies of Bank are cumulative and concurrent, and the exercise of any right or remedy shall not be deemed a waiver or release of any other right or remedy.
Enforcement and Waiver. Any waiver of any provision of this Agreement must be in writing and will not be implied by any usage of trade, course of dealing or course of performance. Any delay or failure of a Party to exercise, or any partial exercise of, such Party's rights and remedies under this Agreement shall not operate to limit or otherwise affect such rights or remedies. Any waiver of performance hereunder shall be limited to the specific performance waived and shall not, unless otherwise expressly stated in writing, constitute a continuous waiver or a waiver of future performance.
Enforcement and Waiver. Each party hereto shall have the right at all times to enforce the provisions of this Agreement in strict accordance with the terms hereof, notwithstanding any conduct or custom on the part of such party in refraining from so doing at any time or times. The failure of a party hereto at any time or times to enforce its rights
Enforcement and Waiver. 6.1 The rights given to the District by this Agreement are permissive only and nothing in this Agreement imposes any legal duty of any kind on the District to any one, or obliges the District to enforce this Agreement, to perform any act or to incur any expense in respect of this agreement. Nothing contained or implied herein shall prejudice or affect the rights and powers of the District in the exercise of its functions under any public or private statutes, bylaws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Owner.
Enforcement and Waiver. No failure or delay on the part of Holder in exercising any of its rights, powers or privileges hereunder shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. Borrower hereby waives diligence, presentment, demand for payment, notice of non-payment, presentment, notice of dishonor, protest, notice of protest or any other notice in connection with the delivery, acceptance, performance or enforcement of this Note.
