Common use of No Waiver; Preservation of Remedies Clause in Contracts

No Waiver; Preservation of Remedies. No consent or waiver, express or implied, by any party to or of any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party hereunder. Failure on the part of any party to complain of any act or failure to act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party of any of its rights hereunder. The rights and remedies provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or equity.

Appears in 30 contracts

Samples: Annuity Reinsurance Agreement (Horace Mann Life Insurance Co Separate Account), Annuity Reinsurance Agreement (Talcott Resolution Life Insurance Co), Annuity Reinsurance Agreement (Talcott Resolution Life Insurance Co)

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No Waiver; Preservation of Remedies. No consent or waiver, express or implied, by any party Party to or of any breach or default by any other party Party in the performance by such other party Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party Party hereunder. Failure on the part of any party Party to complain of any act or failure to act of any other party Party or to declare any other party Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party Party of any of its rights hereunder. The rights and remedies provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or equity.

Appears in 10 contracts

Samples: 80% Coinsurance Agreement (Primerica, Inc.), Coinsurance Amending Agreement (Primerica, Inc.), 90% Coinsurance Agreement (Primerica, Inc.)

No Waiver; Preservation of Remedies. No consent or waiver, express or implied, by any party Party to or of any breach or default by any other party Party in the performance by such other party Party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party Party hereunder. Failure on the part of any party Party to complain of any act or failure to act of any other party Party or to declare any other party Party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party Party of any of its rights hereunder. The rights and remedies provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or equity.

Appears in 8 contracts

Samples: Commutation and Release Agreement (Wmi Holdings Corp.), Master Agreement (Genworth Financial Inc), Master Agreement (Genworth Financial Inc)

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No Waiver; Preservation of Remedies. No consent or waiver, express or implied, by any party to or of any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party hereunder. Failure on the part of any party to complain of any act or failure to act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party of any of its rights hereunder. The rights and remedies provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or equity.

Appears in 1 contract

Samples: Assignment, Transfer and Novation Agreement (Primerica, Inc.)

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