Common use of No Waiver; Cumulative Rights Clause in Contracts

No Waiver; Cumulative Rights. No waiver by any party to this Agreement of any one or more defaults by the other party in the performance of any of the provisions of this Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or different nature. No failure or delay on the part of any party in exercising any right, power or remedy under this Agreement, nor acceptance of partial performance or partial payment, shall operate as a waiver of such right, power or remedy nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power or remedy or the exercise of any other right, power or remedy. The remedies provided for in this Agreement are cumulative and are not exclusive of any remedies that may be available to any party to this Agreement at law, in equity or otherwise.

Appears in 10 contracts

Samples: Loan and Security Agreement (Southland Health Services, Inc.), Loan Agreement (Regeneration Technologies Inc), Loan and Security Agreement (Nimblegen Systems Inc)

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No Waiver; Cumulative Rights. No waiver by any party to this Agreement of any one or more defaults by the other party in the performance of any of the provisions of this Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or different nature. No failure or delay on the part of any party in exercising any right, power or remedy under this Agreement, nor acceptance of partial performance or partial payment, shall operate as a waiver of such right, power or remedy nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power or remedy or the exercise of any other right, power or remedy. The remedies provided for in this Agreement are cumulative and are not exclusive of any remedies that may be available to any party to this Agreement under this Agreement or the other Loan Documents, at law, in equity or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Clarient, Inc)

No Waiver; Cumulative Rights. No waiver by any party Party to this B.A. Agreement of any one or more defaults by the any other party Party in the performance of any of the provisions of this B.A. Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or different nature. No failure or delay on the part of any party Party in exercising any right, power or remedy under this B.A. Agreement, nor acceptance of partial performance or partial payment, shall operate as a waiver of such right, power or remedy nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power or remedy or the exercise of any other right, power or remedy. The remedies provided for in this B.A. Agreement are cumulative and are not exclusive of any remedies that may be available to any party Party to this B.A. Agreement at law, in equity or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Curative Health Services Inc)

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No Waiver; Cumulative Rights. No waiver by any party to this Agreement of any one or ------------------------------- more defaults by the other party in the performance of any of the provisions of this Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or different nature. No failure or delay on the part of any party in exercising any right, power or remedy under this Agreement, nor acceptance of partial performance or partial payment, shall operate as a waiver of such right, power or remedy nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power or remedy or the exercise of any other right, power or remedy. The remedies provided for in this Agreement are cumulative and are not exclusive of any remedies that may be available to any party to this Agreement at law, in equity or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Harborside Healthcare Corp)

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