No Waiver of Provisional Remedies; Self Help Sample Clauses

No Waiver of Provisional Remedies; Self Help. This Arbitration Agreement does not limit Customer’s or Bank’s rights with respect to, and each party can exercise any lawful rights or use other available remedies to do any the following: (i) preserve or obtain possession of property; (ii) exercise self-help remedies including setoff and repossession rights; or
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No Waiver of Provisional Remedies; Self Help. This Arbitration Agreement does not limit the right of you or us to preserve or obtain possession of property, exercise self-help remedies including setoff rights, obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during, or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in this paragraph; however, the arbitrator will have no right or power to enjoin or restrain any party.
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No Waiver of Provisional Remedies; Self Help. This Arbitration Agreement does not limit the right of you or us to preserve or obtain possession of property, exercise self-help remedies including setoff rights, obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during, or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in this paragraph; however, the arbitrator will have no right or power to enjoin or restrain any party. ENTIRE AGREEMENT THE AGREEMENT, INCLUDING ANY OTHER DOCUMENT WE SPECIFICALLY INCORPORATE HEREIN IN WRITING, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICE AND SUPERSEDES ANY PRIOR ORAL OR WRITTEN REPRESENTATIONS, CONDITIONS, WARRANTIES, UNDERSTANDINGS, PROPOSALS OR AGREEMENTS THE SERVICE AND ONLINE BANKING. ILLEGAL ACTIVITIES YOU AGREE TO COMPLY WITH APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ECONOMIC SANCTIONS LAWS AND REGULATIONS ISSUED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY. YOU AGREE NOT TO USE YOUR ACCOUNT FOR ANY ILLEGAL ACTIVITY, INCLUDING UNLAWFUL INTERNET GAMBLING OR THE PURCHASE OF GOODS OR SERVICES IN VIOLATION OF THE LAW. WE MAY REFUSE ANY GAMBLING TRANSACTION, WHETHER LAWFUL OR NOT. WE MAY ALSO REFUSE ANY TRANSACTION THAT WE REASONABLY BELIEVE MAY INVOLVE ILLEGAL OR SUSPICIOUS ACTIVITY. IF WE SUSPECT THAT YOU OR ANYONE ELSE IS USING YOUR ACCOUNT FOR ILLEGAL ACTIVITIES, WE MAY CLOSE YOUR ACCOUNT, PUT A HOLD ON YOUR ACCOUNT AND ANY OTHER ACCOUNTS YOU HAVE WITH US OR BOTH WITHOUT NOTIFYING YOU IN ADVANCE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
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Related to No Waiver of Provisional Remedies; Self Help

  • NO WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach.

  • NO WAIVER, RIGHTS AND REMEDIES No failure on the part of the Administrative Agent or any Secured Party or any assignee of any Secured Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

  • No Waiver; Remedies No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

  • No Implied Waiver of Remedies Either party’s delay or failure to exercise any right, power or remedy under this Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right, power or remedy. All waivers must be in writing.

  • No Waiver; Cumulative Remedies No failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Lender, 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.

  • Limitation Remedies and Damages Neither Party shall be liable to the other for any consequential, indirect or special damages to persons or property whether arising in tort, contract or otherwise, by reason of this Agreement or any services performed or undertaken to be performed hereunder.

  • No Waiver of Fees Nothing in this Agreement, nor any entry or repossession of the Room by the Manager releases the Resident from any liability for the payment in full of all amounts payable under this Agreement for the Term.

  • Limitations on Remedies 7.1 IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF THE TEKNI-PLEX COMPANIES OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, IN AN AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER AS PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF A CLAIM OR SERIES OF RELATED CLAIMS. IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF ITS EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM OR RELATING TO ANY INJURY TO PERSONS; LOSS OF VALUE OR USE (INCLUDING WITHOUT LIMITATION, DIMINUTION IN VALUE OR STIGMA DAMAGES); LOSS OF ANTICIPATED REVENUE OR PROFIT; COST OF CAPITAL; DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT; CLAIMS MADE BY END-USERS; OR COST OF SUBSTITUTE SUPPLIES, FACILITIES OR SERVICES.

  • Waiver of Remedies No delay or failure on the part of the Administrative Agent or any other Guarantied Party in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any other Guarantied Party of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

  • Waiver of Provisions Any waiver of any terms and conditions hereof must be in writing and signed by the parties hereto. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other terms and conditions hereof.

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