No Waiver; Cumulative Nature of Rights and Remedies. No failure to exercise and no delay in exercising any right, power, or remedy hereunder shall impair any right, power, or remedy which Purchaser may have, nor shall any such delay be construed to be a waiver of any of such rights, powers, or remedies, or any acquiescence in any breach or default hereunder; nor shall any waiver by Purchaser of any breach or default by Seller hereunder be deemed a waiver of any default or breach subsequently occurring. All rights and remedies granted to Purchaser hereunder shall remain in full force and effect notwithstanding any single or partial exercise of, or any discontinuance of action begun to enforce, any such right or remedy. The rights and remedies specified herein are cumulative and not exclusive of each other or of any rights or remedies which Purchaser would otherwise have. Any waiver, permit, consent or approval by Purchaser of any breach or default hereunder must be in writing and shall be effective only to the extent set forth in such writing and only as to that specific instance.
Appears in 5 contracts
Samples: Factoring Agreement (Competitive Technologies Inc), Factoring and Security Agreement (Tri-S Security Corp), Factoring Agreement (Tri-S Security Corp)
No Waiver; Cumulative Nature of Rights and Remedies. No failure to exercise and no delay in exercising any right, power, or remedy hereunder shall impair any right, power, or remedy which Purchaser or Seller may have, nor shall any such delay be construed to be a waiver of any of such rights, powers, or remedies, or any acquiescence in any breach or default hereunder; nor shall any waiver by Purchaser or Seller of any breach or default by Purchaser or Seller hereunder be deemed a waiver of any default or breach subsequently occurring. All rights and remedies granted to Purchaser or Seller hereunder shall remain in full force and effect notwithstanding any single or partial exercise of, or any discontinuance of action begun to enforce, any such right or remedy. The rights and remedies specified herein are cumulative and not exclusive of each other or of any rights or remedies which Purchaser or Seller would otherwise have. Any waiver, permit, consent or approval by Purchaser or Seller of any breach or default hereunder must be in writing and shall be effective only to the extent set forth in such writing and only as to that specific instance.
Appears in 1 contract
Samples: Receivables Purchase and Security Agreement (Lightpath Technologies Inc)