EXERCISE OF RIGHTS OR REMEDIES Sample Clauses

EXERCISE OF RIGHTS OR REMEDIES. Failure of any Party to exercise any rights or remedies under this Agreement shall not be a waiver of any obligation by any other Party and shall not prevent any other Party from pursuing that right at any future time.
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EXERCISE OF RIGHTS OR REMEDIES. All rights, remedies, and recourse afforded the Parties hereto in the AgStar Loan Agreement, the CDC Loan Agreement, the First Supplement, the Notes, the Mortgages, the Lease Agreement, or otherwise available at law or in equity, including specifically those granted by the Uniform Commercial Code in effect in the State of Minnesota are incorporated herein by references and: (a) shall be deemed cumulative and concurrent; (b) may be pursued separately, successively, or concurrently against Borrower or anyone else obligated hereunder or against the Real Property or against any one or more party, at the sole discretion of each Party subject to the ICA; (c) may be exercised as often as the occasion therefore shall arise, it being understood by the Borrower that the exercise, failure to exercise or election not to exercise any of the same shall in no event be construed as a waiver of same or of any other right, remedy, or recourse available to any Party; and (d) are intended to be and shall be nonexclusive.
Sample 1
EXERCISE OF RIGHTS OR REMEDIES. All rights, remedies, and recourse afforded the parties hereto in the Credit Agreement, Note, Mortgage, or otherwise available at law or in equity, including specifically those granted by the Uniform Commercial Code in effect in the State of Minnesota are incorporated herein by references and: (a) shall be deemed cumulative and concurrent; (b) may be pursued separately, successively, or concurrently against Borrower or anyone else obligated hereunder, or against the Real Property, or against any one or more of them, at the sole discretion of Agent; (c) may be exercised as often as the occasion therefore shall arise, it being understood by the Borrower that the exercise, failure to exercise, or election not to exercise any of the same shall in no event be construed as a waiver of same or of any other right, remedy, or recourse available to Agent; and (d) are intended to be, and shall, be nonexclusive.
Sample 1
EXERCISE OF RIGHTS OR REMEDIES. All rights, remedies, and recourse afforded the parties hereto in the Loan Agreement, First Supplement, Note, Mortgage, or otherwise available at law or in equity, including specifically those granted by the Uniform Commercial Code in effect in the State of Iowa are incorporated herein by references and: (a) shall be deemed cumulative and concurrent; (b) may be pursued separately, successively, or concurrently against Borrower or anyone else obligated hereunder, or against the Real Property, or against any one or more of them, at the sole discretion of Lender; (c) may be exercised as often as the occasion therefore shall arise, it being understood by the Borrower that the exercise, failure to exercise, or election not to exercise any of the same shall in no event be construed as a waiver of same or of any other right, remedy, or recourse available to Lender; and (d) are intended to be, and shall, be nonexclusive.
Sample 1

Related to EXERCISE OF RIGHTS OR REMEDIES

  • Exercise of Rights No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement and no course of dealing between the Seller and the Purchaser shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Except as set forth in Section 6(h) of this Agreement, the rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which any party would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the right of either party to any other or further action in any circumstances without notice or demand.

  • Exercise of Right No failure or delay on the part of either Party in exercising any right, power, or privilege hereunder, and no course of dealing between the Parties, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

  • No Waiver of Rights, Powers and Remedies No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

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