Common use of Remedies Cumulative and Waivers Clause in Contracts

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lender hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document 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 Lender may be lawfully entitled for such default or breach. Any waiver by the Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by the Lender shall be effective 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 Lender under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement

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Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lender hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document 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 Lender may be lawfully entitled for such default or breach. Any waiver by by, the Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by the Lender shall be effective 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 Lender under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.

Appears in 2 contracts

Samples: Credit Agreement (Powell Industries Inc), Credit Agreement (Powell Industries Inc)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lender hereunder or under any other Document this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law Applicable Law or by equity; and any single or partial exercise by the Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of of, or to alter, affect or prejudice prejudice, any other right or remedy or other rights or remedies to which the Lender may be lawfully entitled for such default or breach. Any waiver by the Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein in this Agreement and any indulgence granted, either expressly or by course of conduct, conduct by the Lender shall be effective 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 right or remedy of the Lender under this Agreement or any other Document as a result of any other default or breach hereunder or thereunderunder this Agreement.

Appears in 1 contract

Samples: Pledge and Security Agreement (Residential Capital, LLC)

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Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lender hereunder or under any other Document this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of of, or to alter, affect or prejudice prejudice, any other right or remedy or other rights or remedies to which any one or more of the Lender Lenders may be lawfully entitled for such default or breach. Any waiver by the Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein in this Agreement and any indulgence granted, either expressly or by course of conduct, conduct by the Lender shall be effective 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 right or remedy of the Lender under this Agreement or any other Document as a result of any other default or breach hereunder or thereunderunder this Agreement.

Appears in 1 contract

Samples: General Security Agreement (Vanguard Car Rental Group Inc.)

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