Common use of Indulgences, Not Waivers Clause in Contracts

Indulgences, Not Waivers. Neither the failure nor any delay on the part of any party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of any other right, remedy, power or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to any subsequent occurrence.

Appears in 3 contracts

Samples: Operating Agreement (BGR Corp), Shareholder Agreement (BGR Corp), Shareholder Agreement (BGR Corp)

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Indulgences, Not Waivers. Neither the failure nor any delay on the part of any a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence or other occurrence. No waiver shall be construed as a waiver of effective unless it is in writing and is signed by the party asserted to have granted such right, remedy, power or privilege with respect to any subsequent occurrencewaiver.

Appears in 1 contract

Samples: Escrow Agreement (Interland Inc /Mn/)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of any a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to any subsequent occurrence.other

Appears in 1 contract

Samples: Advisory Agreement (Carey Watermark Investors 2 Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of any a party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege or with respect to any occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to any subsequent other occurrence. No waiver shall be effective unless it is writing and is signed by the parties asserted to have granted such waiver.

Appears in 1 contract

Samples: Senior Secured Seasoned Warehouse Credit Agreement (Mca Financial Corp /Mi/)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of any party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of any other right, remedy, power or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, remedy power or privilege with respect to any subsequent occurrence.

Appears in 1 contract

Samples: Limited Partnership Agreement (Innsuites Hospitality Trust)

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Indulgences, Not Waivers. Neither the failure nor any delay on the part of any a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or any other right, remedy, power power, or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to any subsequent other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

Appears in 1 contract

Samples: Affiliate Agreement (Focus Affiliates Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of any a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of any other right, remedy, power or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to any subsequent occurrence.privilege

Appears in 1 contract

Samples: Management Agreement (Imperial Credit Commercial Mortgage Investment Corp)

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