No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of the other party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided.
No Exclusive Remedies. No right or remedy conferred upon or reserved to Starwood or Vistana by this Agreement is intended to be, nor will be, deemed exclusive of any other right or remedy herein or by law or equity provided or permitted, but each will be cumulative of every other right or remedy.
No Exclusive Remedies. No remedy or election given by any ---------------------- provision in this Lease shall be deemed exclusive unless so indicated, but each shall, wherever possible, be cumulative in addition to all other remedies in law or equity which either party may have arising out of the default of the other party and failure to cure such default within the applicable grace period.
No Exclusive Remedies. No right, power, remedy or privilege of the State shall be construed as being exhausted or discharged by the exercise thereof in one or more instances, and it is agreed that each and all of said rights, powers, remedies or privileges shall be deemed cumulative and additional and not in lieu or exclusive of each other or of any other remedy available to the State at law or in equity.
No Exclusive Remedies. No remedy referred to in this Agreement is intended to be exclusive, but each shall be cumulative, and shall be in addition to any other remedy referred to herein or otherwise available under the Loan Documents, at law or in equity.
No Exclusive Remedies. The specific remedies to which Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any of the terms, covenants and conditions of this Lease. The failure of Landlord or Tenant to insist in any one or more cases upon the strict performance of any of the terms, covenants and conditions of this Lease, or to exercise any right or remedy herein contained, shall not be construed as a waiver or relinquishment for the future performance of such terms, covenants and conditions. The receipt by Landlord, or payment by Tenant, of Rent with knowledge of the breach of any of such terms, covenants and conditions shall not be deemed a waiver of such breach. The acceptance of any check or payment bearing or accompanied by any endorsement, legend or statements shall not, of itself, constitute any change in or termination of this Lease. No surrender of the Premises by Tenant (prior to any termination of this Lease) shall be valid unless consented to in writing by Landlord. In addition to the other remedies in this Lease provided, Landlord or Tenant shall be entitled to the restraint by injunction of the violation or attempted or threatened violation of any of the terms, covenants and conditions of this Lease or to a decree compelling performance of any of such terms, covenants and conditions.
No Exclusive Remedies. The rights, powers, privileges and discretions of the Beneficiary and Trustees arising under this Deed of Trust shall be separate, distinct and cumulative; anything to the contrary notwithstanding, no act of the Beneficiary shall be construed as an election to proceed under any one provision of this Deed of Trust to the exclusion of any other provision.
No Exclusive Remedies. Except as otherwise expressly provided in this Agreement, the rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies the State may have at law or in equity or otherwise. The State’s remedies with respect to any matter under this Agreement are not limited to the remedies set forth herein; provided, however, neither Party shall receive duplicative recoveries. Each Party shall have a duty to mitigate damages for which the other Party is responsible. A default by one Party under this Agreement as to the terms in a specific Statement of Work shall not affect the other Party’s rights under this Agreement as to any other Statement of Work under which such Party is not in default.
No Exclusive Remedies. The remedies provided under this Agreement are not exclusive but are in addition to any and all other remedies at law, in equity or otherwise.
No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so
