Common use of General Provisions Pertaining to Remedies Clause in Contracts

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies. (e) Lender’s right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision of Acceleration.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued by Lender or Trustees concurrently or otherwise, at such time and in such order as Lender or Trustees may determine in its their sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by BorrowerGrantor. (b) The enumeration in the Loan Financing Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's or Trustees' rights with respect to the Remedies. (c) If Lender exercises or Trustees exercise any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender and Trustees will not be liable for any act or omission of Lender or Trustee in connection with the exercise of the Remedies. (e) Lender’s 's and Trustees' right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default or constitute a recision of Acceleration.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies. (e) Lender’s 's right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision of Acceleration.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued by Lender or Trustee concurrently or otherwise, at such time and in such order as Lender or Trustee may determine in its their sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's or Trustee's rights with respect to the Remedies. (c) If Lender or Trustee exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender and Trustee will not be liable for any act or omission of Lender or Trustee in connection with the exercise of the Remedies. (e) Lender’s 's and Trustee's right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default or constitute a recision of Acceleration.

General Provisions Pertaining to Remedies. (a) The Assignment Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s rights with respect to the Assignment Remedies. (c) If Lender exercises any of the Assignment Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Assignment Remedies. (e) Lender’s right to exercise any Remedy will not be impaired by any Lender’s delay in exercising or failure to exercise the Remedy Assignment Remedies and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s or a Receiver’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s or a Receiver’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default but will be credited against the unpaid Debt. (h) If Lender or constitute a recision Receiver exercises any of Accelerationthe Assignment Remedies, such action will not cure or waive any default, will not waive, modify or affect any notice of default under the Loan Documents and will not invalidate any act done pursuant to a notice of default under the Loan Documents. Once Lender exercises the Assignment Remedies, Lender’s enforcement will continue for so long as Lender elects, notwithstanding that the collection and application of the Rents may have cured the original default. If Lender elects to discontinue the exercise of the Assignment Remedies, the Assignment Remedies may be reasserted at any time and from time to time following a subsequent Event of Default. (i) A demand by Lender or the Receiver on any Tenant to pay the Rents to Lender or the Receiver by reason of an Event of Default will be sufficient notice to the Tenant to make future payments of Rents to Lender or the Receiver without the necessity for consent by Borrower.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies, except to the extent arising from the gross negligence or willful misconduct of the Lender. (e) Lender’s 's right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision of Acceleration.:

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued by Lender or Trustee concurrently or otherwise, at such time and in such order as Lender or Trustee may determine in its their sole discretion and without presentment, demand, protest protest, notice of acceleration, notice of intention to accelerate or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s or Trustee’s rights with respect to the Remedies. (c) If Lender or Trustee exercises any of the Remedies, Lender Xxxxxx will not be deemed a mortgagee-in-possession unless Lender Xxxxxx has elected affirmatively to be a mortgagee-in-possession. (d) Lender and Trustee will not be liable for any act or omission of Lender or Trustee in connection with the exercise of the Remedies. (e) LenderXxxxxx’s and Trustee’s right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) LenderXxxxxx’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default or constitute a recision rescission of Acceleration.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued by Lender or Trustee concurrently or otherwise, at such time and in such order as Lender or Trustee may determine in its their sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's or Trustee's rights with respect to the Remedies. (c) If Lender or Trustee exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender and Trustee will not be liable for any act or omission of Lender or Trustee in connection with the exercise of the Remedies. (e) Lender’s 's and Trustee's right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default or constitute a recision rescission of Acceleration, but will be credited against the Debt.

General Provisions Pertaining to Remedies. (a) The Assignment Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by BorrowerXxxxxxxx. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s rights with respect to the Assignment Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possessionintentionally omitted. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Assignment Remedies. (e) LenderXxxxxx’s right to exercise any Remedy will not be impaired by any Xxxxxx’s delay in exercising or failure to exercise the Remedy Assignment Remedies and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s or a Receiver’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s or a Receiver’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default but will be credited against the unpaid Debt. (h) If Lender or constitute a recision Receiver exercises any of Accelerationthe Assignment Remedies, such action will not cure or waive any default, will not waive, modify or affect any notice of default under the Loan Documents and will not invalidate any act done pursuant to a notice of default under the Loan Documents. Once Lender exercises the Assignment Remedies, Xxxxxx’s enforcement will continue for so long as Lender elects, notwithstanding that the collection and application of the Rents may have cured the original default. If Lender elects to discontinue the exercise of the Assignment Remedies, the Assignment Remedies may be reasserted at any time and from time to time following a subsequent Event of Default. (i) A demand by Xxxxxx or the receiver on any Tenant to pay the Rents to Lender or the receiver by reason of an Event of Default will be sufficient notice to the Tenant to make future payments of Rents to Lender or the receiver without the necessity for consent by Xxxxxxxx.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies. (e) Lender’s 's right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision of Acceleration. (h) Any provision in this Mortgage to the contrary notwithstanding, to the extent applicable laws may limit (i) availability of the exercise of any remedies set forth in this Mortgage or (ii) the enforcement of waivers and indemnities made by Borrower, such remedies, waivers, or indemnities shall be exercisable or enforceable if, and to the extent, permitted by the laws in force at the time of exercise of such remedies or the enforcement of such waivers or indemnities without regard to the enforceability of such remedies, waivers or indemnities at the time of the execution and delivery of this Mortgage.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies. (e) Lender’s right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default.. TIAA Authorization ID # AAA-7346; TIAA Inv. ID # 000553801 Polaris Fashion Place Mortgage 15239260v.7 (f) If an Event of Default occurs, Lender’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision rescission of Acceleration.

General Provisions Pertaining to Remedies. (a) The Assignment Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by BorrowerXxxxxxxx. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s rights with respect to the Assignment Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possessionintentionally deleted. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Assignment Remedies. (e) LenderXxxxxx’s right to exercise any Remedy will not be impaired by any Xxxxxx’s delay in exercising or failure to exercise the Remedy Assignment Remedies and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default.. TIAA Authorization ID # AAA-7376; TIAA Inv. ID # 0006950 University Park Village Assignment of Leases 15379765v.3 / 73828-000098 (f) If an Event of Default occurs, Lender’s or a Receiver’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s or a Receiver’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default but will be credited against the unpaid Debt. (h) If Lender or constitute a recision Receiver exercises any of Accelerationthe Assignment Remedies, such action will not cure or waive any default, will not waive, modify or affect any notice of default under the Loan Documents and will not invalidate any act done pursuant to a notice of default under the Loan Documents. Once Lender exercises the Assignment Remedies, Xxxxxx’s enforcement will continue for so long as Lender elects, notwithstanding that the collection and application of the Rents may have cured the original default. If Lender elects to discontinue the exercise of the Assignment Remedies, the Assignment Remedies may be reasserted at any time and from time to time following a subsequent Event of Default. (i) A demand by Xxxxxx or the receiver on any Tenant to pay the Rents to Lender or the receiver by reason of an Event of Default will be sufficient notice to the Tenant to make future payments of Rents to Lender or the receiver without the necessity for consent by Xxxxxxxx.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued by Lender or Trustees concurrently or otherwise, at such time and in such order as Lender or Trustees may determine in its their sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by BorrowerGrantor. (b) The enumeration in the Loan Financing Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s or Trustees’ rights with respect to the Remedies. (c) If Lender exercises or Trustees exercise any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender and Trustees will not be liable for any act or omission of Lender or Trustee in connection with the exercise of the Remedies. (e) Lender’s and Trustees’ right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default or constitute a recision of Acceleration.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender Xxxxxx will not be deemed a mortgagee-in-possession unless Lender Xxxxxx has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies. (e) LenderXxxxxx’s right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision rescission of Acceleration.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies. (e) Lender’s 's right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision of Acceleration. (h) Until this Mortgage is satisfied of record, the fee and leasehold estates in the Land (and/or in any other portion of the Property demised under the Ground Lease) will not merge without Lender's prior approval, which may be withheld in Lender's sole discretion, notwithstanding that the fee and leasehold estates are held by a single entity. If Borrower acquires the fee title, or any other estate, title or interest in the Land (and/or any other portion of the Property demised under the Ground Lease), this Mortgage immediately and automatically, without the need for any additional mortgage, assignment, pledge or conveyance to Lender, will encumber the newly acquired interest as a first lien with the same force and effect as though specifically mortgaged, assigned, pledged or conveyed in this Mortgage. However, Borrower will deliver to Lender, at Lender's request, documents reasonably satisfactory to Lender evidencing Lender's first lien. (i) If Borrower defaults under the Ground Lease and Lender cures the default for purposes of the Ground Lease, Lender's action in and of itself will not cure the corresponding Event of Default. (j) If Borrower or any other entity exercises any right of redemption after foreclosure, the amount payable to effect the redemption will include all rents paid and other sums advanced by Lender to satisfy obligations of Borrower as lessee under the Ground Lease.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued concurrently or otherwise, at such time and in such order as Lender may determine in its sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s rights with respect to the Remedies. (c) If Lender exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender will not be liable for any act or omission of Lender in connection with the exercise of the Remedies. (e) Lender’s right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default. (f) If an Event of Default occurs, Lender’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, constitute a waiver of a default or Event of Default or constitute a recision rescission of Acceleration.. TIAA Authorization ID # AAA-7376; TIAA Inv. ID # 0006950 University Park Village Deed of Trust 15398858v.6 / 73828-000098

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued by Lender or Trustee concurrently or otherwise, at such time and in such order as Lender or Trustee may determine in its their sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by Borrower. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s 's or Trustee's rights with respect to the Remedies. (c) If Lender or Trustee exercises any of the Remedies, Lender will not be deemed a mortgagee-in-possession unless Lender has elected affirmatively to be a mortgagee-in-possession. (d) Lender and Trustee will not be liable for any act or omission of Lender or Trustee (other than gross negligence or willful misconduct) in connection with the exercise of the Remedies. (e) Lender’s 's and Trustee's right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default or of the right to exercise any Remedy in the event of any subsequent default or Event of Default. (f) If an Event of Default occurs, Lender’s 's payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) Lender’s 's acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default or constitute a recision rescission of Acceleration, but will be credited against the Debt in accordance with the Loan Documents.

General Provisions Pertaining to Remedies. (a) The Remedies are cumulative and may be pursued by Lender or Trustee concurrently or otherwise, at such time and in such order as Lender or Trustee may determine in its their sole discretion and without presentment, demand, protest or further notice of any kind, all of which are expressly waived by BorrowerXxxxxxxx. (b) The enumeration in the Loan Documents of specific rights or powers will not be construed to limit any general rights or powers or impair Lender’s or Trustee’s rights with respect to the Remedies. (c) If Lender or Trustee exercises any of the Remedies, Lender Xxxxxx will not be deemed a mortgagee-in-possession unless Lender Xxxxxx has elected affirmatively to be a mortgagee-in-possession. (d) Lender and Trustee will not be liable for any act or omission of Lender or Trustee (other than gross negligence or willful misconduct) in connection with the exercise of the Remedies. (e) LenderXxxxxx’s and Trustee’s right to exercise any Remedy will not be impaired by any delay in exercising or failure to exercise the Remedy and the delay or failure will not be construed as extending any cure period or constitute a waiver of the default or Event of Default or of the right to exercise any Remedy in the event of any subsequent default or Event of Default. (f) If an Event of Default occurs, Lender’s payment or performance or acceptance of payment or performance will not be deemed a waiver or cure of the Event of Default. (g) LenderXxxxxx’s acceptance of partial payment or receipt of Rents will not extend or affect any grace period, period or constitute a waiver of a default or Event of Default or constitute a recision rescission of Acceleration, but will be credited against the Debt in accordance with the Loan Documents.