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 the 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.
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. 7.1 The rights given to the Township by this Agreement are permissive only and nothing in this Agreement imposes any legal duty of any kind on the Township to anyone, or obliges the Township 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 Township 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.
7.2 The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar.
7.3 The parties agree that the Township is not obligated to inspect the Lands or to otherwise ensure compliance with this Agreement, nor is the Township obligated to remedy any default of this Agreement. A failure by the Township to enforce this Agreement shall not constitute a waiver of any of the Township’s rights herein.
7.4 Notwithstanding any provision to the contrary in this Agreement, if the Owner is in default of its obligations in this Agreement then the Township may, by written notice to the Owner, require such default to be corrected within thirty (30) days after receipt of such notice. If within the thirty (30) days after receipt of such notice the default has not been corrected or reasonable steps to correct the default have not been taken, the Township, without limiting any other right it might have, may pursue a remedy consistent with the provisions described in sections 7.5 and 7.6 below.
7.5 No remedy under this Agreement is deemed to be exclusive but will, where possible, be cumulative with all other remedies available at law or in equity.
7.6 The Owner covenants and agrees that, in addition to any remedies that are available under this Agreement or at law, the Township is entitled to all equitable remedies, including specific performance, injunction and declarative relief to enforce its rights under this Agreement. The Owner acknowledges that specific performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only adequate remedy for a default by the Owner under this Agreement.
7.7 An alleged waiver of any breach of this agre...
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. Except with respect to Sections 2.7 and 2.8(b), no member of the Kersaf Group or the CMS Group and, in the event that the WLG Group or the Caledonia Group shall at any time Beneficially Own less than two million five hundred thousand (2,500,000) Shares, respectively, the WLG Group and the Caledonia Group, as the case may be, shall have any rights or remedies for a breach or violation of, be entitled to enforce, nor shall a waiver of such member be required in connection with the waiver of any of, the provisions of this Article II.
