Common use of No Implied Waivers; Rights Cumulative Clause in Contracts

No Implied Waivers; Rights Cumulative. 16.3.1 No failure on the part of Lessor or any other Person to exercise and no delay in exercising any right, power, remedy or privilege under any Operative Document or provided by statute or at Law or in equity or otherwise shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any Event of Default or as an acquiescence thereto, nor shall any single or partial exercise of any such right, power, remedy or privilege impair, prejudice or preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege. No acceptance of partial payment or performance shall, whether or not expressly stated, be or be deemed to be a waiver of any Event of Default then existing or a waiver or release of full payment and performance. No notice to or demand on Lessee shall in any case entitle Lessee to any other or further notice or demand in other or similar circumstances or constitute a waiver of the right of Lessor or any other Person to any other or further action in any circumstances without notice or demand. 16.3.2 Nothing contained in any Operative Document shall be construed to limit in any way any right, power, remedy or privilege of Lessor or other Person hereunder or under any Operative Document or now or hereafter existing at Law or in equity. Each and every right, power, remedy and privilege of Lessor under the Operative Documents (1) shall be in addition to and not in limitation of, or in substitution for, any other right, power, remedy or privilege under any Operative Document or at law or in equity, (2) may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by Lessor and (3) shall be cumulative and not mutually exclusive, and the exercise of one shall not be deemed a waiver of the right to exercise any other.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

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No Implied Waivers; Rights Cumulative. 16.3.1 (i) No failure on the part of Lessor or any other Person to exercise and no delay in exercising any right, power, remedy or privilege under any Operative Document or provided by statute or at Law law or in equity or otherwise shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any Event of Default or as an acquiescence thereto, nor shall any single or partial exercise of any such right, power, remedy or privilege impair, prejudice or preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege. No acceptance of partial payment or performance shall, whether or not expressly stated, be or be deemed to be a waiver of any Event of Default then existing or a waiver or release of full payment and performance. No notice to or demand on Lessee shall in any case entitle Lessee to any other or further notice or demand in other or similar circumstances or constitute a waiver of the right of Lessor or any other Person to any other or further action in any circumstances without notice or demand. 16.3.2 (ii) Nothing contained in any Operative Document shall be construed to limit in any way any right, power, remedy or privilege of Lessor or other Person hereunder or under any Operative Document or now or hereafter existing at Law law or in equity. Each and every right, power, remedy and privilege of Lessor under the Operative Documents (1x) shall be in addition to and not in limitation of, or in substitution for, any other right, power, remedy or privilege under any Operative Document or at law or in equity, (2y) may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by Lessor and (3z) shall be cumulative and not mutually exclusive, and the exercise of one shall not be deemed a waiver of the right to exercise any other. (iii) Lessee hereby agrees and acknowledges that nothing contained herein or in any Operative Document shall be construed to require in any way, Lessor to take any action, upon a Default by Lessee of this Agreement, or a breach by Lessee of any provision of any Operative Document, to limit the damages suffered by Lessor as a result of any such Default or breach as the case may be.

Appears in 2 contracts

Samples: Lease Agreement (Frontier Airlines Inc /Co/), Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

No Implied Waivers; Rights Cumulative. 16.3.1 (i) No failure on the part of Lessor or any other Person to exercise and no delay in exercising any right, power, remedy or privilege under any Operative Document or provided by statute or at Law law or in equity or otherwise shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any Event of Default or as an acquiescence thereto, nor shall any single or partial exercise of any such right, power, remedy or privilege impair, prejudice or preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege. No acceptance of partial payment or performance shall, whether or not expressly stated, be or be deemed to be a waiver of any Event of Default then existing or a waiver or release of full payment and performance. No notice to or demand on Lessee shall in any case entitle Lessee to any other or further notice or demand in other or similar circumstances or constitute a waiver of the right of Lessor or any other Person to any other or further action in any circumstances without notice or demand. 16.3.2 (ii) Nothing contained in any Operative Document shall be construed to limit in any way any right, power, remedy or privilege of Lessor or other Person hereunder or under any Operative Document or now or hereafter existing at Law law or in equity. Each and every right, power, remedy and privilege of Lessor under the Operative Documents (1x) shall be in addition to and not in limitation of, or in substitution for, any other right, power, remedy or privilege under any Operative Document or at law or in equity, (2y) may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by Lessor and (3z) shall be cumulative and not mutually exclusive, and the exercise of one shall not be deemed a waiver of the right to exercise any other. (iii) Lessee hereby agrees and acknowledges that nothing contained herein or in any Operative Document shall be construed to require in any way, Lessor to take any action, upon a Default by Lessee of this Agreement, or a breach by Lessee of any provision of any Operative Document, to limit the damages suffered by Lessor as a result of any such Default or breach as the case may be. 80 [Lease Agreement]

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

No Implied Waivers; Rights Cumulative. 16.3.1 (1) No failure on the part of Lessor or any other Person to exercise and no delay in exercising any right, power, remedy or privilege under any Operative Document or provided by statute or at Law law or in equity or otherwise shall impose any liability upon such Person or shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any Event of Default breach or as an acquiescence thereto, nor shall any single or partial exercise of any such right, power, remedy or privilege impair, prejudice or preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege. No acceptance of partial payment or performance shall, whether or not expressly stated, be or be deemed to be a waiver of any Event of Default breach then existing or a waiver or release of full payment and performance. No notice to or demand on Lessee any Person shall in any case entitle Lessee such Person to any other or further notice or demand in other or similar circumstances or constitute a waiver of the right of Lessor or any other Person to any other or further action in any circumstances without notice or demand. 16.3.2 (2) Nothing contained in any Operative Document shall be construed to limit in any way any right, power, remedy or privilege of Lessor or other any Person hereunder or under any Operative Document or now or hereafter existing at Law law or in equity. Each and every right, power, remedy and privilege of Lessor any Person under the Operative Documents (1a) shall be in addition to and not in limitation of, or in substitution for, any other right, power, remedy or privilege under any Operative Document or at law or in equity, (2b) may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by Lessor and such Person and (3c) shall be cumulative and not mutually exclusive, and the exercise of one shall not be deemed a waiver of the right to exercise any other. Lessor may decline to exercise any rights or remedies herein without incurring any liability to any Person.

Appears in 1 contract

Samples: Lease Agreement (Aircastle LTD)

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No Implied Waivers; Rights Cumulative. 16.3.1 No failure on the part of Lessor or any other Person to exercise and no delay in exercising any right, power, remedy or privilege under any Operative Document or provided by statute or at Law or in equity or otherwise shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any Event of Default or as an acquiescence thereto, nor shall any single or partial exercise of any such right, power, remedy or privilege impair, prejudice or preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege. No acceptance of partial payment or performance shall, whether or not expressly stated, be or be deemed to be a waiver of any Event of Default then existing or a waiver or release of full payment and performance. No notice to or demand on Lessee shall in any case entitle Lessee to any other or further notice or demand in other or similar circumstances or constitute a waiver of the right of Lessor or any other Person to any other or further action in any circumstances without notice or demand. 16.3.2 Nothing contained in any Operative Document shall be construed to limit in any way any right, power, remedy or privilege of Lessor or other Person hereunder or under any Operative Document or now or hereafter existing at Law or in equity. Each and every right, power, remedy and privilege of Lessor and any other Person under the Operative Documents (1) shall be in addition to and not in limitation of, or in substitution for, any other right, power, remedy or privilege under any Operative Document or at law or in equity, (2) may be exercised from time to time or simultaneously and as often and in such order as may be deemed expedient by Lessor and such Person and (3) shall be cumulative and not mutually exclusive, and the exercise of one shall not be deemed a waiver of the right to exercise any other.

Appears in 1 contract

Samples: Lease Agreement (Western Pacific Airlines Inc /De/)

No Implied Waivers; Rights Cumulative. 16.3.1 (1) No failure on the part of Lessor or any other Person to exercise and no delay in exercising any right, power, remedy or privilege under any Operative Document or provided by statute or at Law law or in equity or otherwise shall will impose any liability upon such Person or will impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any Event of Default breach or as an acquiescence thereto, nor shall will any single or partial exercise of any such right, power, remedy or privilege impair, prejudice or preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege. No acceptance of partial payment or performance shallwill, whether or not expressly stated, be or be deemed to be a waiver of any Event of Default breach then existing or a waiver or release of full payment and performance. No notice to or demand on Lessee shall any Person will in any case entitle Lessee such Person to any other or further notice or demand in other or similar circumstances or constitute a waiver of the right of Lessor or any other Person to any other or further action in any circumstances without notice or demand. 16.3.2 (2) Nothing contained in any Operative Document shall will be construed to limit in any way any right, power, remedy or privilege of Lessor or other any Person hereunder or under any Operative Document or now or hereafter existing at Law law or in equity. Each and every right, power, remedy and privilege of Lessor any Person under the Operative Documents (1a) shall will be in addition to and not in limitation of, or in substitution for, any other right, power, remedy or privilege under any Operative Document or at law or in equity, (2b) may be exercised from time to time or simultaneously and as often and in such order LATAM Shared Terms 33 as may be deemed expedient by Lessor such Person and (3c) shall will be cumulative and not mutually exclusive, and the exercise of one shall will not be deemed a waiver of the right to exercise any other. Lessor and/or Lessee may decline to exercise any rights or remedies herein without incurring any liability to any Person.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Aircastle LTD)

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