Exercise of Rights and Remedies. 13.1 No amendment of any provision of this Agreement shall be effective unless it is in writing and signed by the Parties, and no waiver of any provision of this Agreement, nor consent to any departure by either Party from it, shall be effective unless it is in writing and signed by the affected Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. 13.2 No failure on the part of a Party to exercise, and no delay in exercising, any right or remedy under this Agreement shall operate as a waiver by such Party, nor shall any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of each Party provided herein (a) are cumulative and are in addition to, and are not exclusive of, any rights or remedies provided by law (except as otherwise expressly set forth in this Agreement) and (b) are not conditional or contingent on any attempt by such Party to exercise any of its rights or remedies under any other related document or against the other Party or any other Entity.
Appears in 10 contracts
Samples: Master Transfer Agreement (MSD Investment Corp.), Contribution Agreement, Participation Agreement
Exercise of Rights and Remedies. 13.1 (a) No amendment of any provision of this Agreement shall be effective unless it is in writing and signed by the Parties, parties to this Agreement and no waiver of any provision of this Agreement, nor consent to any departure by either Party any party from it, shall be effective unless it is in writing and signed by the affected Partyparty, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
13.2 (b) No failure on the part of a Party any party to this Agreement to exercise, and no delay in exercising, any right or remedy under this Agreement shall operate as a waiver hereof by such Partyparty, nor shall any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of each Party party to this Agreement provided herein (ai) are cumulative and are in addition to, and are not exclusive of, any rights or remedies provided by law (except as otherwise expressly set forth in this Agreement) and (bii) are not conditional or contingent on any attempt by such Party party to exercise any of its rights or remedies under any other related document or against the other Party party or any other EntityPerson.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)
Exercise of Rights and Remedies. 13.1 No amendment of any provision of this Agreement shall be effective unless it is in writing and signed by the Parties, parties hereto and no waiver of any provision of this Agreement, nor consent to any departure by either Party any party from it, shall be effective unless it is in writing and signed by the affected Partyparty, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
13.2 . No failure on the part of a Party party hereto to exercise, and no delay in exercising, any right or remedy under this Agreement shall operate as a waiver hereof by such Partyparty, nor shall any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of each Party party provided herein (a) are cumulative and are in addition to, and are not exclusive of, any rights or remedies provided by law (except as otherwise expressly set forth in this Agreement) and (b) are not conditional or contingent on any attempt by such Party party to exercise any of its rights or remedies under any other related document or against the other Party party or any other Entityentity.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Dataram Corp), Asset Purchase Agreement (Dataram Corp)
Exercise of Rights and Remedies. 13.1 16.1. No amendment of any provision of this Agreement shall be effective unless it is in writing and signed by the Parties, and no waiver of any provision of this Agreement, nor consent to any departure by either any Party from it, shall be effective unless it is in writing and signed by the affected Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
13.2 16.2. No failure on the part of a Party to exercise, and no delay in exercising, any right or remedy under this Agreement shall operate as a waiver by such Party, nor shall any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of each Party provided herein (a) are cumulative and are in addition to, and are not exclusive of, any rights or remedies provided by law (except as otherwise expressly set forth in this Agreement) and (b) are not conditional or contingent on any attempt by such Party to exercise any of its rights or remedies under any other related document or against the other Party or Parties, any other Entity.Entity or the State. NY12534:201913.4
Appears in 1 contract
Samples: Participation Agreement (Ing Life Insurance & Annuity Co)
Exercise of Rights and Remedies. 13.1 16.1. No amendment of any provision of this Agreement shall be effective unless it is in writing and signed by the Parties, and no waiver of any provision of this Agreement, nor consent to any departure by either any Party from it, shall be effective unless it is in writing and signed by the affected Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
13.2 16.2. No failure on the part of a Party to exercise, and no delay in exercising, any right or remedy under this Agreement shall operate as a waiver by such Party, nor shall any single or partial exercise of any right or remedy under this Agreement preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies of each Party provided herein (a) are cumulative and are in addition to, and are not exclusive of, any rights or remedies provided by law (except as otherwise expressly set forth in this Agreement) and (b) are not conditional or contingent on any attempt by such Party to exercise any of its rights or remedies under any other related document or against the other Party or Parties, any other Entity.Entity or the State. NY12534:201921.4
Appears in 1 contract
Samples: Participation Agreement (Ing Usa Annuity & Life Insurance Co)