Common use of No Waiver; Cumulative Remedies Clause in Contracts

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 205 contracts

Samples: Management Agreement (EQT Infrastructure Co LLC), Management Agreement (EQT Private Equity Co LLC), Management Agreement (KKR Private Equity Conglomerate LLC)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers powers, and privileges provided by at law, in equity or otherwise.

Appears in 63 contracts

Samples: Servicing Supplement (Nissan-Infiniti Lt LLC), Titling Company Servicing Agreement (Nissan Auto Lease Trust 2024-B), Titling Company Servicing Agreement (Nissan Auto Lease Trust 2024-B)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by at law, in equity or otherwise.

Appears in 54 contracts

Samples: Financial Services (Financial Services Vehicle Trust), Financial Services (BMW Vehicle Lease Trust 2024-2), Financial Services (BMW Vehicle Lease Trust 2024-2)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder or under the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 46 contracts

Samples: Credit Agreement (Columbia Funds Variable Series Trust II), Credit Agreement (Columbia Acorn Trust), Credit Agreement (Wanger Advisors Trust)

No Waiver; Cumulative Remedies. No failure by any Guaranteed Party to exercise exercise, and no delay by any such Person in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder or under any other Guarantor Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 27 contracts

Samples: Term Loan Agreement (Jacobs Solutions Inc.), Term Loan Agreement (Jacobs Solutions Inc.), Credit Agreement (Jacobs Solutions Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder under any of the Related Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any of the Related Documents preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in the Related Documents are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 27 contracts

Samples: Note Purchase Agreement (General Motors Financial Company, Inc.), Note Purchase Agreement (General Motors Financial Company, Inc.), Note Purchase Agreement (Americredit Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The Except as otherwise provided in this Agreement, the rights, remedies, powers and privileges herein provided are cumulative and are not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 18 contracts

Samples: Note Purchase Agreement (CAI International, Inc.), Note Purchase Agreement (CAI International, Inc.), Note Purchase Agreement (CAI International, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretothe Trustee, any Secured Party, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 17 contracts

Samples: Base Indenture (Conns Inc), Letter Agreement (Oportun Financial Corp), Base Indenture (Conns Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoany party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 7 contracts

Samples: Funding Agreement, Security Agreement (Republic Airways Holdings Inc), Loan Agreement (Republic Airways Holdings Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretothe Secured Party, any right, remedy, power power, or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 6 contracts

Samples: Pledge and Security Agreement (Allstate Life Insurance Co), Pledge and Security Agreement (Allstate Life Insurance Co), Pledge and Security Agreement (Allstate Life Insurance Co)

No Waiver; Cumulative Remedies. No failure on the part of any Party to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Aircraft Security Agreement (American Airlines, Inc.), Security Agreement (American Airlines Inc), Credit Agreement (American Airlines Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party Party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 5 contracts

Samples: Governance Rights Agreement, Heloc Flow Purchase and Servicing Agreement (PennyMac Financial Services, Inc.), Heloc Flow Purchase and Servicing Agreement (PennyMac Mortgage Investment Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoany Secured Party, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawlaw or contract.

Appears in 5 contracts

Samples: Credit Agreement (Transatlantic Petroleum Ltd.), Credit Agreement (Transatlantic Petroleum Ltd.), Credit Agreement (Transatlantic Petroleum Ltd.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto(or its collateral assignees), any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by lawApplicable Law.

Appears in 5 contracts

Samples: Origination Agreement, Servicing Agreement, Servicing Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoany party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by lawApplicable Law.

Appears in 4 contracts

Samples: Indenture (National Commercial Bank Jamaica LTD), portal.fazenda.rj.gov.br, portal.fazenda.rj.gov.br

No Waiver; Cumulative Remedies. No failure by any party hereto to exercise and no delay by such Person in exercising, on the part of a party hereto, exercising any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Atmos Energy Corp), Intercreditor Agreement (Atmos Energy Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretothe Secured Party, any right, remedy, power or privilege hereunder or under the other Secured Note Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 4 contracts

Samples: Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder or under the Borrower Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Reimbursement and Credit Agreement (Connecticut Water Service Inc / Ct), Reimbursement and Credit Agreement (Connecticut Water Service Inc / Ct), Reimbursement and Credit Agreement (Connecticut Water Service Inc / Ct)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or of privilege hereunder preclude or require any other or further future exercise thereof or the exercise of any other right, remedy, power or privilege. The All rights, remedies, powers and privileges herein provided are cumulative remedies granted to any party hereto and all other agreements, instruments and documents executed in connection with this Agreement shall be cumulative, may be exercised singly or concurrently and shall not be exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.

Appears in 3 contracts

Samples: Note Disbursement and Account Agreement, Escrow Agreement (Melco Crown Entertainment LTD), Note Disbursement and Account Agreement (Melco Crown Entertainment LTD)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoeither Party, of any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by lawLaw.

Appears in 3 contracts

Samples: Redemption Agreement (Cohen & Co Inc.), Note Purchase Agreement (Cohen & Co Inc.), Note Purchase Agreement (Cohen & Co Inc.)

No Waiver; Cumulative Remedies. No failure by any party hereto to exercise exercise, and no delay by any such Person in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 3 contracts

Samples: Credit Agreement (Philadelphia Consolidated Holding Corp), Revolving Credit Agreement (Essex Property Trust Inc), Revolving Credit Agreement (Essex Portfolio Lp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoSecured Party, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Enstar Income Program Iv-1 Lp), Credit Agreement (Enstar Income Program Iv-2 Lp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, exercising on the part of a party heretoany Party, of any right, remedy, power or privilege hereunder shall will operate as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Enrich Jose Miguel), Convertible Debenture Assignment and Assumption Agreement (Rubicon Technologies, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Management Agreement (Angel Oak Mortgage REIT, Inc.), Management Agreement (Angel Oak Mortgage, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude or require any other or further future exercise thereof or the exercise of any other right, remedy, power or privilege. The All rights, remedies, powers and privileges herein provided are cumulative remedies granted to any party hereto and all other agreements, instruments and documents executed in connection with this Assignment shall be cumulative, may be exercised singly or concurrently and shall not be exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.

Appears in 2 contracts

Samples: Agreement (Cogen Technologies Inc), Assignment Agreement (East Coast Power LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a the Holders or any party hereto, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 2 contracts

Samples: Trust Agreement (Principal Health Care Inc), Trust Agreement (Blair Thomas L)

No Waiver; Cumulative Remedies. No failure to exercise and no delay ------------------------------ in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)

No Waiver; Cumulative Remedies. No failure by any Guaranteed Party to exercise exercise, and no delay by any Guaranteed Party in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein or therein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Guaranty (Postal Realty Trust, Inc.), Credit Agreement (American Realty Capital Trust V, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoParty, of any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by lawLaw.

Appears in 2 contracts

Samples: Amendment and Extension Agreement (Titan Pharmaceuticals Inc), Sire Group Ltd.

No Waiver; Cumulative Remedies. No failure on the part of any Guaranteed Parties to exercise exercise, and no delay in exercising, exercising on the part of a party heretoany Guaranteed Parties, any right, remedy, power or privilege hereunder or under any other Guarantor Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Arbitron Inc), Security Agreement (Arbitron Inc)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of a party hereto, exercising any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude or require any other or further exercise thereof or the exercise of any other such right, remedypower, power privilege or privilegeremedy provided in this Agreement. The All rights, remedies, powers and privileges herein provided are cumulative remedies granted to any Party and all other agreements, instruments and documents executed in connection with this Agreement shall be cumulative, may be exercised singly or concurrently and shall not be exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.

Appears in 2 contracts

Samples: Inter Creditor Agreement, Inter Creditor Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party heretoto this Amendment, any right, remedy, power or privilege hereunder under this Amendment shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under this Amendment preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided under this Amendment are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Loan Sale Agreement (LendingClub Corp), Program Agreement (LendingClub Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoParty, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Flatworld Services Agreement (DJSP Enterprises, Inc.), Consulting Services Agreement (DJSP Enterprises, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude or require any other or further future exercise thereof or the exercise of any other right, remedy, power or privilege. The All rights, remedies, powers and privileges herein provided are cumulative remedies granted to any Party hereto and all other agreements, instruments and documents executed in connection with this Assignment shall be cumulative, may be exercised singly or concurrently and shall not be exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.

Appears in 2 contracts

Samples: Assignment of Power Purchase Agreement (East Coast Power LLC), Assignment of Power Purchase Agreement (East Coast Power LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoeither party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single single, or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Exclusive License and Manufacturing Agreement (Blue Earth, Inc.), Finance Agreement (Blue Earth, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoany Guaranteed Party, any right, remedy, power or privilege hereunder or under the Loan Documents, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under the Loan Documents preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided and under the Loan Documents are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Blount International Inc, Blount International Inc

No Waiver; Cumulative Remedies. No failure to exercise and no or delay in exercisingthe exercise, on the part ------------------------------ by either party, of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Samples: Co Marketing Agreement (Cyberian Outpost Inc), Co Marketing Agreement (Cyberian Outpost Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no or delay in exercisingthe exercise, on the part by either Party, of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any and no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawlaw or in equity.

Appears in 2 contracts

Samples: Content and Services Framework Agreement (Bellsouth Corp), Content and Services Framework Agreement (Starmedia Network Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretothe Administrative Agent or any Lender Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (REV Renewables, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretothe Administrative Agent or any Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Aircraft Mortgage and Security Agreement (Fortress Transportation & Infrastructure Investors LLC)

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No Waiver; Cumulative Remedies. No failure to exercise and no delay in ------------------------------ exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: And Consolidated Equipment and Lease Purchase Agreement (Rockford Industries Inc)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, exercising on the part of a party heretoany Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any other right, remedy, power or privilege hereunder or thereunder preclude any other or further exercise hereof or thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers rights and privileges herein provided remedies of each Party hereunder are cumulative and not exclusive of any rights, remedies, powers and privileges rights or remedies provided by law, and all such rights and remedies may be exercised singly or concurrently.

Appears in 1 contract

Samples: Equity Ownership Interest Transfer Agreement (SPIRE Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.. Exhibit 10.1

Appears in 1 contract

Samples: Management Agreement (Preferred Apartment Communities Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder under any of the Basic Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder under any of the Basic Documents preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided in the Basic Documents are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Note Purchase Agreement (General Motors Financial Company, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in ------------------------------ exercising, on the part of a party heretoeither party, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Assignment Agreement (Constellation 3d Inc)

No Waiver; Cumulative Remedies. No failure on the part of the Guaranteed Party to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other or further right, remedy, power or privilege. The rights, remedies, powers and privileges remedies herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges remedies provided by law.

Appears in 1 contract

Samples: Guaranty (RMH Teleservices Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party hereto, any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 1 contract

Samples: Investment Opportunity Allocation Agreement (MCI Income Fund V, LLC)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall will operate as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Investment Opportunity Allocation Agreement (American Energy Capital Partners - Energy Recovery Program, Lp)

No Waiver; Cumulative Remedies. No failure on the part of either party hereto to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers rights and privileges herein provided remedies under this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawthat may otherwise be available.

Appears in 1 contract

Samples: Biologics Distribution Agreement (Accentia Biopharmaceuticals Inc)

No Waiver; Cumulative Remedies. No failure on the part of any Guaranteed Party to exercise exercise, and no delay in exercising, exercising on the part of a party heretoany Guaranteed Party, any right, remedy, power or privilege hereunder or under any other Guarantor Document shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Security Agreement (Arbitron Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoParty, of any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Servicing Agreement (Aurora Acquisition Corp.)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoeither Party, any right, remedy, power power, or privilege hereunder under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. The rights, remedies, powers powers, and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers powers, and privileges provided by law.

Appears in 1 contract

Samples: Executed Agreement (Playboy Enterprises Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party hereto, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Equipment and Lease Purchase Agreement (Rockford Industries Inc)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, exercising on the part of a party heretoParty, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any other right, remedy, power or privilege hereunder or thereunder preclude any other or further exercise hereof or thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers rights and privileges herein provided remedies of each Party hereunder are cumulative and not exclusive of any rights, remedies, powers and privileges rights or remedies provided by law, and all such rights and remedies may be exercised singly or concurrently.

Appears in 1 contract

Samples: Note Purchase and Assignment Agreement (SPIRE Corp)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of a party heretoany party, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Option Agreement (Constellation 3d Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoany party, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein therein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Residual Purchase Agreement (Optimal Group Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretothe Secured Party, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Pledge and Security Agreement (Allstate Life Insurance Co)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party heretoany Agent or any Lender Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (REV Renewables, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise and no ------------------------------ delay in exercising, on the part of a party heretoparty, any right, remedy, power or privilege hereunder or under any of the other Loan Documents shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (Finova Group Inc)

No Waiver; Cumulative Remedies. No failure by the Secured Party to exercise exercise, and no delay by the Secured Party in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawLaw.

Appears in 1 contract

Samples: Security Agreement (Vornado Realty Trust)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party heretohereto or the Certificateholders, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stone Container Corp)

No Waiver; Cumulative Remedies. No failure on the part of any party hereto to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege remedy hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder remedy by such party preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilegeremedy. The All rights, remedies, powers and privileges herein provided remedies under this Agreement are cumulative and are not exclusive of any other rights, remedies, powers and privileges remedies provided by law.

Appears in 1 contract

Samples: Early Conversion Agreement (Pharmathene, Inc)

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a any party heretohereto or any thereof, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Credit Agreement (ING U.S., Inc.)

No Waiver; Cumulative Remedies. No failure on the part of any of the Lender Parties to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers rights and privileges herein provided remedies under this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by lawthat may otherwise be available to the Lender Parties.

Appears in 1 contract

Samples: Lease Agreement (Four Corners Property Trust, Inc.)

No Waiver; Cumulative Remedies. No failure to exercise exercise, and no delay in exercising, on the part of a party hereto, any right, remedypower, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedypower, power or privilege hereunder preclude or require any other or further future exercise thereof or the exercise of any other right, remedypower, power or privilege. The All rights, remediespowers, powers and privileges herein provided are cumulative remedies granted to any party and all other agreements, instruments, and documents executed in connection with this Agreement shall be cumulative, may be exercised singly or concurrently and shall not be exclusive of any rights, remedies, powers and privileges rights or remedies provided by law.

Appears in 1 contract

Samples: Suretyship Agreement

No Waiver; Cumulative Remedies. No failure to exercise and no delay in exercising, on the part of a party the Parties hereto, any right, remedy, power or privilege hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive exhaustive of any rights, remedies, powers and privileges provided by law.

Appears in 1 contract

Samples: Agreement (Royal Bank of Canada)

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