Common use of Remedies Cumulative and Waiver Clause in Contracts

Remedies Cumulative and Waiver. 26.9.1 For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Owner hereunder, are cumulative and are in addition to and not in substitution for any other rights or remedies otherwise available at law and any such rights or remedies may be exercised by the Owner from time to time concurrently or independently and as often and in such order as the Owner may deem expedient in its sole and absolute discretion. The Owner may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the DBO Contractor and with other persons and security as the Owner or may see fit without prejudice to the liability of the DBO Contractor hereunder or the rights and remedies of the Owner. Any single or partial exercise by the Owner of any right or remedy in respect of a default of any term, covenant or condition contained herein, shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Owner may be lawfully entitled for such default. Any failure or delay of the Owner in the exercise of any right or remedy or any abandonment or discontinuance of steps or proceedings to enforce the same shall not operate as a waiver thereof or affect or prejudice the right of the Owner to exercise any right or remedy available to it. No waiver or indulgence by the Owner of the strict observance, performance or compliance with any term, covenant, condition or agreement herein contained shall be effective unless made in writing and then only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Owner hereunder, as a result of any other default hereunder.

Remedies Cumulative and Waiver. 26.9.1 For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Owner hereunder, Operator hereunder are cumulative and are in addition to and not in substitution for any other rights or remedies provided hereunder or otherwise available at law or in equity and any such rights or remedies may be exercised by the Owner Operator from time to time concurrently or independently and as often and in such order as the Owner Operator may deem expedient in its sole and absolute discretion. The Owner Operator may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the DBO Contractor City and with other persons and security as the Owner or Operator may see fit without prejudice to the liability of the DBO Contractor City hereunder or the rights and remedies of the OwnerOperator. Any single or partial exercise by the Owner Operator of any right or remedy in respect of a default Default of any term, covenant or condition contained herein, herein shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Owner Operator may be lawfully entitled for such defaultDefault. Any failure or delay of the Owner Operator in the exercise of any right or remedy or any abandonment or discontinuance of steps or proceedings to enforce the same shall not operate as a waiver thereof or affect or prejudice the right of the Owner Operator to exercise any right or remedy available to it, except as provided for in this Agreement. No waiver or indulgence by the Owner Operator of the strict observance, performance or compliance with any term, covenant, condition or agreement herein contained shall be effective unless made in writing and then only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Owner hereunder, Operator hereunder as a result of any other default Default hereunder.

Remedies Cumulative and Waiver. 26.9.1 For greater certainty, it is expressly understood and agreed that the respective 15. The rights and remedies hereunder of the Owner hereunder, lender are cumulative and are in addition to and not in substitution for any other rights or remedies otherwise available at law and any such rights or remedies may be exercised by the Owner from time to time concurrently or independently and as often and in such order as the Owner may deem expedient in its sole and absolute discretion. The Owner may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the DBO Contractor and with other persons and security as the Owner or may see fit without prejudice to the liability of the DBO Contractor hereunder or the rights and remedies of the Ownerprovided by law or by equity. Any single or partial exercise by the Owner lender of any right or remedy in respect of a default or breach of any term, covenant or condition contained herein, herein shall not be deemed to 34 27 be a waiver of thereof or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Owner lender may be lawfully entitled entitled, for such defaultdefault or breach. Any failure The lender shall at all times have the right to proceed against all or delay any portion of the Owner Collateral or any other security in such order and in such manner as it shall determine without waiving any rights, powers or remedies which the exercise of lender may have with respect to this Debenture or any right other security or at law, in equity or otherwise. No delay or omission by the lender in exercising any right, power or remedy hereunder or any abandonment or discontinuance of steps or proceedings to enforce the same otherwise shall not operate as a waiver thereof or affect of any other right, power or prejudice the right of the Owner to exercise any right or remedy available to itremedy. No Any waiver or indulgence by the Owner lender of the strict observance, performance or compliance with any term, covenant, condition or agreement herein contained and any indulgence granted, either expressly or by course of conduct, by the lender shall be effective unless made in writing and then only in the specific instance and for the purpose for of which it was given and shall be deemed not to be a waiver of any rights and remedies of the Owner hereunder, lender hereunder as a result of any other default or breach hereunder. No consent or waiver by the lender shall be effective unless made in writing and signed by an authorized officer of the lender.

Remedies Cumulative and Waiver. 26.9.1 For greater certainty, it is expressly understood and agreed that subject to the express provisions of this Agreement, the respective rights and remedies of the Owner hereunder, City hereunder are cumulative and are in addition to and not in substitution for any other rights or remedies otherwise available at law or in equity and any such rights or remedies may be exercised by the Owner City from time to time concurrently or independently and as often and in such order as the Owner City may deem expedient in its sole and absolute discretion. The Owner City may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges and otherwise deal with the DBO Contractor Operator and with other persons and security as the Owner or City may see fit without prejudice to the liability of the DBO Contractor Operator hereunder or the rights and remedies of the OwnerCity. Any single or partial exercise by the Owner City of any right or remedy in respect of a default of any term, covenant or condition contained herein, herein shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Owner City may be lawfully entitled for such default. Any failure or delay of the Owner City in the exercise of any right or remedy or any abandonment or discontinuance of steps or proceedings to enforce the same shall not operate as a waiver thereof or affect or prejudice the right of the Owner City to exercise any right or remedy available to it, except as provided in this Agreement. No waiver or indulgence by the Owner City of the strict observance, performance or compliance with any term, covenant, condition or agreement herein contained shall be effective unless made in writing and then only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Owner hereunder, City hereunder as a result of any other default hereunder.