Common use of Nonexclusive Nature of Remedies Clause in Contracts

Nonexclusive Nature of Remedies. Failure by Lender to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of Lender shall only be granted as provided herein. To the extent permitted by Xxx, neither Xxxxxx nor any party acting as attorney for Xxxxxx, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which Lender may have.

Appears in 2 contracts

Samples: Security and Pledge Agreement (HCI Group, Inc.), Amended and Restated Security and Pledge Agreement (HCI Group, Inc.)

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Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender shall only be granted as provided herein. To the extent permitted by XxxLaw, neither Xxxxxx the Lender nor any party acting as attorney for Xxxxxx, the Lender shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Sciquest Inc)

Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender shall only be granted as provided herein. To the extent permitted by XxxLaw, neither Xxxxxx the Lender, nor any party acting as attorney for Xxxxxxthe Lender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Syntel Inc)

Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy or option under this Agreement, any other the Loan DocumentAgreement, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender shall only be granted as provided herein. To the extent permitted by Xxxlaw, neither Xxxxxx the Lender nor any party acting as attorney for Xxxxxxthe Lender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder or material breach of their obligations hereunder. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.

Appears in 1 contract

Samples: Form of Security and Pledge Agreement (Advanced Energy Industries Inc)

Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy or option under this Agreement, any other Loan Credit Document, any other document relating to the Secured Obligations, or as provided by any Applicable Law, or any delay by the Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender shall only be granted as provided herein. To the extent permitted by XxxApplicable Law, neither Xxxxxx the Lender, nor any party acting as attorney for Xxxxxxthe Lender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.

Appears in 1 contract

Samples: Pledge and Security Agreement (Citizens, Inc.)

Nonexclusive Nature of Remedies. Failure by The failure of Lender to exercise any right, remedy or option under this Agreement, Agreement or any other Loan Document, any other document relating to the Secured Obligations, Document or as provided by Lawlaw, or any delay by Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of Lender shall only be granted as provided herein. To the extent permitted by Xxxlaw, neither Xxxxxx Lender, nor any party acting as attorney for XxxxxxLender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which Lender may have.

Appears in 1 contract

Samples: Subordinated Guaranty and Security Agreement (Genicom Corp)

Nonexclusive Nature of Remedies. Failure by Lender to exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of Lender shall only be granted as provided herein. To the extent permitted by Xxxlaw, neither Xxxxxx Lxxxxx nor any party acting as attorney for XxxxxxLxxxxx, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence negligence, bad faith or willful misconduct hereunder. The rights and remedies of Lender under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which Lender may have.

Appears in 1 contract

Samples: Security Agreement (First Wave BioPharma, Inc.)

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Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender shall only be granted as provided herein. To the extent permitted by Xxxlaw, neither Xxxxxx the Lender, nor any party acting as attorney for Xxxxxxthe Lender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.

Appears in 1 contract

Samples: Security Agreement (Metretek Technologies Inc)

Nonexclusive Nature of Remedies. Failure by Lender to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of Lender shall only be granted as provided herein. To the extent permitted by XxxLaw, neither Xxxxxx Lender nor any party acting as attorney for XxxxxxLender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which Lender may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (HCI Group, Inc.)

Nonexclusive Nature of Remedies. Failure by the Lender to exercise any right, remedy or option under this Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by Lender in exercising the sameLender, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender shall only be granted as provided herein. To the extent permitted by XxxLaw, neither Xxxxxx the Lender, any other Secured Party, nor any party acting as attorney for Xxxxxxthe Lender or any other Secured Party, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder. The rights and remedies of the Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.

Appears in 1 contract

Samples: Security and Pledge Agreement (Resources Connection Inc)

Nonexclusive Nature of Remedies. Failure by the Lender to ------------------------------- exercise any right, remedy or option under this Security Agreement, any other Loan Document, any other document relating to the Secured Obligations, or as provided by Lawlaw, or any delay by the Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Lender shall only be granted as provided herein. To the extent permitted by Xxxlaw, neither Xxxxxx the Lender nor any party acting as attorney for Xxxxxxthe Lender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct or unlawful conduct hereunder. The rights and remedies of the Lender under this Security Agreement shall be cumulative and not exclusive of any other right or remedy which the Lender may have.

Appears in 1 contract

Samples: Security Agreement (Partminer Inc)

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