No Implied Waiver; Remedies. No failure or delay on the part of the parties hereto to exercise any right, power, or privilege hereunder or under any instrument executed pursuant hereto shall operate as a waiver nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. All rights, powers, and privileges granted herein shall be in addition to other rights and remedies to which the parties may be entitled at law or in equity.
No Implied Waiver; Remedies. No course of dealing and no delay or failure of the Agent or any Lender in exercising any right, power or privilege under this Agreement, a Note, any other Loan Document or any other documents or instruments executed pursuant to or in connection herewith shall affect any other or future exercise thereof or exercise of any other right, power or privilege except as and to the extent that the assertion of any such right, power or privilege shall be barred by an applicable statute of limitations; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. In addition, to the extent that the Agent or any Lender may have acquiesced in any noncompliance by making any Loans or issuing any Letters of Credit, such acquiescence shall not be deemed to constitute a waiver by the Agent or any Lender of any continuing or future Obligation of any Borrower with respect to future Loans, Letters of Credit or otherwise. The rights and remedies of the Agent and the Lenders under this Agreement, the Notes, the other Loan Documents or any other documents or instruments executed pursuant to or in connection herewith are cumulative and not exclusive of any other rights or remedies which the Agent and any Lender would otherwise have. In no event shall the Agent or any Lender be liable to any Borrower for consequential damages, whatever the nature of a breach by such Lender or the Agent of its obligations under this Agreement, or of the other Loan Documents, and all Borrowers hereby waive all claims for consequential damages. No Lender nor the Agent shall be in breach under this Agreement, or under any other Loan Documents, unless a written notice specifically setting forth the claim of any Borrower shall have been given to such Lender or the Agent, as applicable, within 60 days after such Borrower first had knowledge of, or reasonably should have had knowledge of, the occurrence of the event which such Borrower alleges gave rise to such claim and such Lender does not remedy or cure the default, if there be any, promptly thereafter.
No Implied Waiver; Remedies. No failure or delay on the part of the parties to exercise any right, power, or privilege hereunder or under any instrument executed pursuant hereto shall operate as a waiver nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. All rights, powers, and privileges granted herein shall be in addition to other rights and remedies to which the parties may be entitled at law or in equity. Entire Agreement: This Agreement, including the exhibits and Disclosure Schedules attached hereto, sets forth the entire understandings of the parties with respect to the subject matter, and it incorporates and merges any and all previous communications, understandings, oral or written, as to the subject matter, and cannot be amended or changed except in writing, signed by the parties.
No Implied Waiver; Remedies. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, 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 hereunder. The remedies provided herein are cumulative and non-exclusive, and shall not preclude a party from seeking any other remedy available to it in law or equity.
No Implied Waiver; Remedies. No failure or delay on the part of the parties hereto to exercise any right power, or privilege hereunder or under any instrument executed pursuant hereto shall operate as a waiver nor shall any single or partial exercise of any night, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. All rights, powers, and privileges granted herein shall be in addition to other rights and remedies to which the parties may be entitled at law or in equity. No waiver or modification of the Agreement or any covenant ort limitation herein contained, shall be valid unless in writing and duly executed by the party to be charged, and no evidence of any waiver or modification shall be offered or received in evidence in any litigation or arbitration between the parties or any of them, arising out of Agreement, unless such waiver or modification is in writing and duly executed, as aforesaid. No waiver of any of the provisions, irrespective of similarity, or shall constitute a continuing waiver, unless otherwise expressly provided. No failure or delay on the part of any party exercising any right, power or privilege under any provision of this Agreement shall operated as a waiver thereof, nor shall a partial or single exercise thereof preclude any other or further exercise of any other right, power or privilege.
No Implied Waiver; Remedies. No course of dealing and no delay or failure of the Agent or any Lender in exercising any right, power or privilege under this Agreement, or any Note, Mortgage, any other Loan Document or any other documents or instruments executed pursuant to or in connection therewith, shall affect any other or future exercise thereof or exercise of any other right, power or privilege; nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. In addition, to the extent that the Agent or any of the Lenders may have acquiesced in any noncompliance by making any Construction Loan or Advance, such acquiescence shall not be deemed to constitute a waiver by Agent or any Lender of any continuing or future obligation of Borrower with respect to future Construction Loans or Advances. The rights and remedies of the Agent and the Lenders under this Agreement, or any Note, Mortgage, any other Loan Document or any other documents or instruments executed pursuant to or in connection therewith, are cumulative and not exclusive of any rights or remedies which the Agent and the Lenders would otherwise have.
