No Waiver of Statutory Rights Sample Clauses

No Waiver of Statutory Rights. Nothing herein shall in any way constitute a waiver or limitation of any rights that the Issuer or the Collateral Manager may have under any applicable law.
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No Waiver of Statutory Rights. The Issuer understands that certain provisions of this Agreement, including, but not limited to, Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, Section 10 and Section 23, may serve to limit the potential liability of the Collateral Manager or other rights of the Issuer and has had the opportunity to consult with the Collateral Manager as well as the Issuer’s other professional advisers or legal counsel as to the effect of this provision. The Issuer further understands that certain federal and state securities laws, including, but not limited to, the Advisers Act, may impose liability or allow for legal remedies even where the Collateral Manager has acted in good faith and that the rights under those laws may be non-waivable. Nothing in this Agreement shall, in any way, constitute a waiver or limitation by the Issuer of any rights which may not be so waived or limited in accordance with applicable law.
No Waiver of Statutory Rights. The Agency acknowledges that the College is an institution of higher education of The State of Utah and is bound by the provisions of the Utah Governmental Immunity Act, Title 63, Chapter 30, Utah Code Annotated, 1953, as amended, and does not, by the terms of this Agreement or by any act, waive any procedural or substantive defense or benefit provided or to be provided by the Utah Governmental Immunity Act or comparable legislative enactment.
No Waiver of Statutory Rights. This Section does not alter or limit Subcontractor’s right to file a mechanic’s lien, stop notice, or statutory bond rights to the extent such rights exist. If any portion of this Section is determined to be void, invalid, or illegal, all other portions of this Section shall remain in full force and effect. To avoid unnecessary stop notices, Subcontractor agrees to provide Prime Contractor 14 days written notice of Subcontractor’s intent to serve a stop notice, which shall include the amount Subcontractor claims is currently due and owing, and the amount Subcontractor intends to ask Owner to withhold on Subcontractor’s behalf. If Subcontractor serves a stop notice for amounts not yet paid by Owner to Prime Contractor, or serves a stop notice without providing the 14 days notice to Prime Contractor, Prime Contractor may take either or both of the following actions: (1) withhold payments to Subcontractor in the amount withheld by Owner from Prime Contractor; and/or (2) charge Subcontractor for the cost Prime Contractor incurs to secure a bond to release funds withheld by the stop notice, plus an administrative charge of ten percent (10%) of the amount of the bond premium.

Related to No Waiver of Statutory Rights

  • Waiver of Statutory Rights To the extent permitted by law, Mortgagor hereby agrees that it shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so-called “Moratorium Laws,” now existing or hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, but hereby waives the benefit of such laws. Mortgagor for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Property marshalled upon any foreclosure of the lien hereof and agrees that any court having jurisdiction to foreclose such lien may order the Property sold as an entirety. Mortgagor hereby waives any and all rights of redemption from sale under any judgment of foreclosure of this Mortgage on behalf of Mortgagor and on behalf of each and every person acquiring any interest in or title to the Property of any nature whatsoever, subsequent to the date of this Mortgage. The foregoing waiver of right of redemption is made pursuant to the provisions of applicable law.

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  • No Waiver of Breach The failure to enforce any provision of this Contract shall not be construed as a waiver of any such provision, nor prevent a Party thereafter from enforcing the provision or any other provision of this Contract. The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.

  • Waiver of Stay Each Pledgor covenants (to the extent it may lawfully do so) that in the event that such Pledgor or any property or assets of such Pledgor shall hereafter become the subject of a voluntary or involuntary proceeding under the Bankruptcy Code or such Pledgor shall otherwise be a party to any federal or state bankruptcy, insolvency, moratorium or similar proceeding to which the provisions relating to the automatic stay under Section 362 of the Bankruptcy Code or any similar provision in any such law is applicable, then, in any such case, whether or not the Administrative Agent has commenced foreclosure proceedings under this Agreement, such Pledgor shall not, and each Pledgor hereby expressly waives their right to (to the extent it may lawfully do so) at any time insist upon, plead or in any whatsoever, claim or take the benefit or advantage of any such automatic stay or such similar provision as it relates to the exercise of any of the rights and remedies (including any foreclosure proceedings) available to the Administrative Agent as provided in this Agreement, in any other Security Instrument or any other document evidencing the Indebtedness. Each Pledgor further covenants (to the extent it may lawfully do so) that it will not hinder, delay or impede the execution of any power granted herein to the Administrative Agent, but will suffer and permit the execution of every such power as though no law relating to any stay or similar provision had been enacted.

  • WAIVER OF CONTRACTUAL RIGHT The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

  • No Waiver of Subordination Provisions No right of any present or future holder of any Senior Debt of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

  • Waiver of Stay or Extension Laws The Issuer covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead or in any manner whatsoever, claim or take the benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, that may affect the covenants or the performance of this Indenture; and the Issuer (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Indenture Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

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