Common use of No Implied Waivers; Remedies Clause in Contracts

No Implied Waivers; Remedies. No failure or delay on the part of any party in exercising any right, privilege, power, or remedy under this Agreement, and no course of dealing shall operate as a waiver of any such right, privilege, power or remedy; nor shall any single or partial exercise of any right, privilege, power or remedy under this Agreement preclude any other or further exercise of any such right, privilege, power or remedy or the exercise of any other right, privilege, power or remedy. No waiver shall be asserted against any party unless signed in writing by such party. The rights, privileges, powers and remedies available to the parties are cumulative and not exclusive of any other rights, privileges, powers or remedies provided by statute, at law, in equity or otherwise. Except as provided in this Agreement, no notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any similar or other circumstances or constitute a waiver of the right of the party giving such notice or making such demand to take any other or further action in any circumstances without notice or demand.

Appears in 28 contracts

Samples: Management Agreement (Aspen REIT, Inc.), Management Agreement (Nordic Realty Trust, Inc.), Management Agreement (Jernigan Capital, Inc.)

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No Implied Waivers; Remedies. No failure or delay on the part of any party in exercising any right, privilege, power, power or remedy under this Agreement, and no course of dealing dealing, shall operate as a waiver of any such right, privilege, power or remedy; nor shall any single or partial exercise of any right, privilege, power or remedy under this Agreement preclude any other or further exercise of any such right, privilege, power or remedy or the exercise of any other right, privilege, power or remedy. No waiver shall be asserted against any party unless signed in writing by such party. The rights, privileges, powers and remedies available to the parties are cumulative and not exclusive of any other rights, privileges, powers or remedies provided by statute, at law, in equity or otherwise. Except as provided in this Agreement, no notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any similar or other circumstances or constitute a waiver of the right of the party giving such notice or making such demand to take any other or further action in any circumstances without notice or demand.

Appears in 7 contracts

Samples: Management Agreement (Colony Credit Real Estate, Inc.), Management Agreement (Colony Capital, Inc.), Management Agreement (Colony NorthStar, Inc.)

No Implied Waivers; Remedies. No failure or delay on the part of any party in exercising any right, privilege, power, or remedy under this Agreement, and no course of dealing shall operate as a waiver of any such right, privilege, power or remedy; remedy; nor shall any single or partial exercise of any right, privilege, power or remedy under this Agreement preclude any other or further exercise of any such right, privilege, power or remedy or the exercise of any other right, privilege, power or remedy. No waiver shall be asserted against any party unless signed in writing by such party. The rights, privileges, powers and remedies available to the parties are cumulative and not exclusive of any other rights, privileges, powers or remedies provided by statute, at law, in equity or otherwise. Except as provided in this Agreement, no notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any similar or other circumstances or constitute a waiver of the right of the party giving such notice or making such demand to take any other or further action in any circumstances without notice or demand.

Appears in 4 contracts

Samples: Management Agreement (Jernigan Capital, Inc.), Management Agreement (Jernigan Capital, Inc.), Management Agreement (Jernigan Capital, Inc.)

No Implied Waivers; Remedies. No failure or delay on the part of any party either Party in exercising any right, privilege, power, or remedy under this Agreement, and no course of dealing between the Parties shall operate as a waiver of any such right, privilege, power power, or remedy; nor shall any single or partial exercise of any right, privilege, power power, or remedy under this Agreement preclude any other or further exercise of any such right, privilege, power power, or remedy or the exercise of any other right, privilege, power or remedy. No waiver shall be asserted against any party Party unless signed in writing by such partyParty. The rights, privileges, powers powers, and remedies available to the parties Parties are cumulative and not exclusive of any other rights, privileges, powers powers, or remedies provided by statute, at law, in equity equity, or otherwise. Except as provided in this Agreement, no notice to or demand on any party either Party in any case shall entitle such party Party to any other or further notice or demand in any similar or other circumstances or constitute a waiver of the right of the party Party giving such notice or making such demand to take any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Development and Services Agreement (Claimsnet Com Inc)

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No Implied Waivers; Remedies. No failure or delay on the part of any either party in exercising any right, privilege, power, power or remedy under this Agreement, and no course of dealing between parties hereto, shall operate as a waiver of any such right, privilege, power or remedy; nor shall any single or partial exercise of any right, privilege, power or remedy under this Agreement preclude any other or further exercise of any such right, privilege, power or remedy or the exercise of any other right, privilege, power or remedy. No waiver shall be asserted against any party unless signed in writing by such party. The rights, privileges, powers and remedies available to the parties are cumulative and not exclusive of any other rights, privileges, powers or remedies provided by statute, at law, in equity equity, or otherwise. Except as provided in this Agreement, no notice to or demand on any either party in any case shall entitle such party to any other or further notice or demand in any similar or other circumstances or constitute a waiver of the right of the party giving such notice or making such demand to take any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Put Call Option Agreement (NHP Inc)

No Implied Waivers; Remedies. No failure or delay on the part of any party in exercising any right, privilege, power, power or remedy under this Agreement, and no course of dealing dealing, shall operate as a waiver of any such right, privilege, power or remedy; nor shall any single or partial exercise of any right, privilege, power or remedy under this Agreement preclude any other or further exercise of any such right, privilege, power or remedy or the exercise of any other right, privilege, power or remedy. No waiver shall be asserted against any party unless signed in writing by such party. The rights, privileges, powers and remedies available to the parties are cumulative and not exclusive of any other rights, privileges, powers or remedies provided by statute, at law, in equity or otherwise. Except as provided in this Agreement, no notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any similar or other circumstances or constitute a waiver of the right of the party giving such notice or making such demand to take any other or further action in any circumstances without notice or demand.. Table of Contents

Appears in 1 contract

Samples: Master Combination Agreement (NorthStar Real Estate Income II, Inc.)

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