Indulgences, Not Waivers. Neither the failure nor any delay on the part of 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 be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 8 contracts
Samples: Expense Support Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Expense Support Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Expense Support Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 4 contracts
Samples: Merger Agreement (Onesource Technologies Inc), Merger Agreement (Onesource Technologies Inc), Consent and Agreement of Holders of Series B Notes (Phoenix Restaurant Group Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of 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 be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. Time is of the essence of this Agreement.
Appears in 2 contracts
Samples: Advisory Agreement (Host Funding Inc), Advisory Agreement (Host Funding Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a 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 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 be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement 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: Stock Purchase Agreement (Sitek Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Advisery Agreement shall operate as a waiver thereofof such right, remedy, power or privilege, 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 be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement 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: Advisory Agreement (Alanar Real Estate Investment Trust Series 1 Corp)
Indulgences, Not Waivers. Neither the failure nor the delay of any delay on the part of a party 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 be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement shall be effective unless it is in writing and is signed by the party Party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement 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 be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement 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: Management Agreement (Hanover Capital Mortgage Holdings Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of 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 US-DOCS\107885844.6 respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party 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 power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrenceoccurrence (regardless of whether similar). No waiver or any right, remedy, power or privilege under this Agreement shall be effective unless it is in writing and is signed by the party Party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereofthereto, nor shall any single or partial exercise of any right, remedy, power or privilege preclude exclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be by construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver or any right, remedy, power or privilege under this Agreement shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
