No Waiver. No failure by either party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 851 contracts
Samples: Custody Agreement (83 Investment Group Income Fund), Custody Agreement (Rockefeller Municipal Opportunities Fund), Custody Agreement (Hussman Investment Trust)
No Waiver. No failure by either party hereto to exercise, exercise and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 94 contracts
Samples: Custody Agreement (Ultimus Managers Trust), Custody Agreement (Herzfeld Caribbean Basin Fund Inc), Custody Agreement (Cross Shore Discovery Fund)
No Waiver. No failure by either of any party hereto to exercise, exercise and no delay by such party in exercisingexercising any right, any right power or remedy hereunder shall operate as a waiver thereof. The ; nor shall any single or partial exercise by either party hereto of any right right, power or remedy hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law power or in equityremedy hereunder.
Appears in 17 contracts
Samples: Merger Agreement (Mikitani Hiroshi), Merger Agreement (Invesat LLC), Merger Agreement (Liquidity Services Inc)
No Waiver. No failure by either any party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either any party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 12 contracts
Samples: Custody Agreement (Axxes Opportunistic Credit Fund), Custody Agreement (WTI Fund XI, Inc.), Custody Agreement (Axxes Private Markets Fund)
No Waiver. No failure by either party hereto on the part of any Party to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The ; nor shall any single or partial exercise by either party hereto of any such right hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 8 contracts
Samples: Point to Point Regional Transmission Service Participation Agreement, Point to Point Regional Transmission Service Participation Agreement, Point to Point Regional Transmission Service Participation Agreement
No Waiver. No failure by either party hereto on the part of any Party to exercise, and no or delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The ; nor shall any single or partial exercise by either party hereto of any such right hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the . The remedies herein provided herein are cumulative and not exclusive of any remedies provided at law or in equityby law.
Appears in 6 contracts
Samples: Competitive Electric Supplier Service Agreement, Billing Services Agreement, Billing Services Agreement
No Waiver. No In addition to, and not in limitation of Section 2.7, no failure by either party hereto on the part of any Secured Party to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The , nor shall any single or partial exercise by either party hereto of any right hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 4 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Penn Virginia Corp), Pledge and Security Agreement (Penn Virginia Corp)
No Waiver. No failure by either party hereto to exercise, and no --------- delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 4 contracts
Samples: Custody Agreement (Ayco Series Trust), Custody Agreement (Pacholder Fund Inc), Custody Agreement (Bear Stearns Funds)
No Waiver. No failure by either party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.. 14.4
Appears in 3 contracts
Samples: Custody Agreement (Interactive Investments), Custody Agreement (Lake Shore Family of Funds), Custody Agreement (Berwyn Funds)
No Waiver. No failure by either party hereto to exercise, and no delay --------- by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 3 contracts
Samples: Custody Agreement (Pc&j Preservation Fund /Oh/), Custody Agreement (Pc&j Performance Fund), Custody Agreement (Bear Stearns Funds)
No Waiver. No failure by either party hereto on the part of any Guaranteed Party to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The ; nor shall any single or partial exercise by either party hereto of any right hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the . The remedies herein provided herein are cumulative and not exclusive of any remedies provided at law or in equityby law.
Appears in 3 contracts
Samples: Five Year Credit Agreement (Interpublic Group of Companies Inc), 364 Day Credit Agreement (Interpublic Group of Companies Inc), Subsidiary Guaranty (Interpublic Group of Companies Inc)
No Waiver. No failure by either on the part of any party hereto to exercise, and no delay by such party in exercising, any right or remedy hereunder shall operate as a waiver thereof. The ; nor shall any single or partial exercise by either party hereto of any right or remedy hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law right or in equityremedy granted hereby or by law.
Appears in 2 contracts
Samples: Manufacturing and Distribution License Agreement, Manufacturing and Distribution License Agreement (Microbest Inc)
No Waiver. No failure by either party hereto to exercise, and no delay by --------- such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 2 contracts
Samples: Foreign Custody Manager Agreement (Bear Stearns Funds), Foreign Custody Manager Agreement (Bear Stearns Funds)
No Waiver. No failure by either on the part of any party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The ; nor shall any single or partial exercise by either party hereto of any such right hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, . Each waiver or consent shall be effective only in the specific instance and for the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equityspecific purpose for which given.
Appears in 2 contracts
Samples: Master Program Agreement (Capitalsource Inc), Master Program Agreement (Capitalsource Inc)
No Waiver. No failure by either party hereto to exercise, --------- and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 2 contracts
Samples: Custody Agreement (RBB Fund Inc), Custody Agreement (RBB Fund Inc)
No Waiver. No failure by either any party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either a party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 2 contracts
Samples: Custody Agreement (PNMAC Mortgage Opportunity Fund LP), Custody Agreement (PNMAC Mortgage Opportunity Fund, LLC)
No Waiver. No failure by either party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.. FINAL
Appears in 1 contract
No Waiver. No failure by either party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative cumulative, and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
No Waiver. No failure by either party hereto to exercise, and --------- no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
Samples: Custody Agreement (RBB Fund Inc)
No Waiver. No failure by either party hereto to exercise, and no ---------- delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
No Waiver. No failure by either party hereto to exercise, exercise and no delay --------- by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
Samples: Custody Agreement (Msd&t Funds Inc)
No Waiver. No failure by either party hereto to exercise, exercise and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.shall
Appears in 1 contract
Samples: Custody Agreement (Magna Funds /Ma/)
No Waiver. No failure by either party hereto to exercise, exercise and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. thereof The exercise by either party hereto of any right fight hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.. 14.4
Appears in 1 contract
Samples: Custody Agreement (Coventry Group)
No Waiver. No failure by either party hereto to exercise, and no or delay by such party in exercising, any right hereunder on the part of either party hereto shall operate as a waiver thereof. The , nor shall any single or partial exercise by either party hereto of any right hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.right hereunder. ARTICLE N DEFINITIONS N.1
Appears in 1 contract
No Waiver. No failure by either party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
Samples: Custody Agreement (EntrepreneurShares Series Trust)
No Waiver. No failure by either party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the 20 EXHIBIT (g) exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
No Waiver. No failure by either party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies remedf^s provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
Samples: Custody Agreement (Community Reinvestment Act Qualified Investment Fund)
No Waiver. No failure by either party hereto to exercise, exercise and no --------- delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
No Waiver. No failure by either a party hereto to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either a party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
Appears in 1 contract
Samples: Custody Agreement (Altaba Inc.)
No Waiver. No failure by either party hereto on the part of the Secured Party to exercise, and no delay by such party in exercising, any right hereunder shall operate as a waiver thereof. The thereof nor shall any single or partial exercise by either party hereto of any right hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, and the . The remedies herein provided herein are cumulative and not exclusive of any remedies provided at law or in equityby law.
Appears in 1 contract
Samples: Security Agreement (West Corp)
