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 respective rights and remedies of the Lender hereunder or under any other document or instrument executed pursuant to 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 or instrument executed pursuant to this Agreement, will not be deemed to be a waiver of or to alter, affect or prejudice any 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 agreement herein contained or any other instrument or document delivered hereunder or thereunder and any indulgence granted, either expressly or by course of conduct, by the Lender will be effective only in the specific instance and for the purpose for which it was given and will be deemed not to be a waiver of any rights and remedies of the Lender under this Agreement or under any other instrument or document delivered hereunto or thereunder as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Samples: Loan Agreement (Brookfield Homes Corp)

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Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lender hereunder or under any other document Document or instrument executed pursuant to this Agreement, 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 remedy, or procurement of a judgment in respect of a default or breach of any term, covenant, condition or agreement matter contained in this Agreement or other document Document or instrument executed pursuant to this Agreement, will Agreement shall not be deemed to operate as a merger of or 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 in respect of such default or breach. Any waiver by the Lender of the strict observance, performance or compliance with any term, covenant, condition or agreement other matter contained herein contained or any other instrument or document delivered hereunder or thereunder and any indulgence granted, either expressly or by course of conduct, conduct by the Lender will shall be effective only in the specific instance and for the purpose for which it was given and will shall be deemed not to be a waiver of any rights and remedies of the Lender under this Agreement or under any other Document or instrument or document delivered hereunto or thereunder as a result of any other default or breach hereunder or thereunderexecuted pursuant to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Geokinetics Inc)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lender hereunder or under any other document or instrument executed pursuant to 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 or instrument executed pursuant to this Agreement, will 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 agreement herein contained or any other instrument or document delivered hereunder or thereunder and any indulgence granted, either expressly or by course of conduct, by the Lender will be effective only in the specific instance and for the purpose for which it was given and will be deemed not to be a waiver of any rights and remedies of the Lender under this Agreement or under any other instrument or document delivered hereunto or thereunder as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Samples: Loan Agreement (Gerdau Ameristeel Corp)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lender hereunder or under any other document or instrument executed pursuant to this Agreement, including the Security Documents, 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 or instrument executed pursuant to this Agreement, will including the Security Documents, 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 termterms, covenant, condition or agreement herein contained or contained in the Security Documents, any other instrument or document delivered hereunder or thereunder and any indulgence granted, either expressly or by course of conduct, by the Lender will shall be effective only in the specific instance and for the purpose for which it was given and will shall be deemed not to be a waiver of any rights and remedies of the Lender under this Agreement or under the Security Documents, or under any other instrument or document delivered hereunto hereunder or thereunder as a result of any other default or breach hereunder or of thereunder.

Appears in 1 contract

Samples: Credit Agreement (Loewen Raymond L & Anne Loewen)

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Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lender Secured Parties hereunder or under any other document Credit Document or instrument executed pursuant to this Agreement, 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 Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other document or instrument executed pursuant to this Agreement, Credit Document will 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 any one or more of the Lender Secured Parties may be lawfully entitled for such default or breach. Any waiver by the Lender Secured Parties of the strict observance, performance or compliance with any term, covenant, condition or agreement other matter contained herein contained or any other instrument or document delivered hereunder or thereunder and any indulgence granted, either expressly or by course of conduct, by the Lender Secured Parties will be effective only in the specific instance and for the purpose for which it was given and will be deemed not to be a waiver of any rights and remedies of the Lender Secured Parties under this Agreement or under any other instrument or document delivered hereunto or thereunder Credit Document as a result of any other default or breach hereunder or thereunder. The omission by the Secured Parties to notify the Borrower of the occurrence of a Default or Event of Default will not constitute or be deemed to constitute a waiver of such Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Sierra Wireless Inc)

Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lender hereunder or under any other document or instrument executed pursuant to this Agreement, including the Security Documents, 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 or instrument executed pursuant to this Agreement, will including the Security Documents, 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 agreement herein contained or contained in the Security Documents, any other instrument or document delivered hereunder or thereunder and any indulgence granted, either expressly or by course of conduct, by the Lender will shall be effective only in the specific instance and for the purpose for which it was given and will shall be deemed not to be a waiver of any rights and remedies of the Lender under this Agreement or under the Security Documents, or under any other instrument or document delivered hereunto hereunder or thereunder as a result of any other default or breach hereunder or thereunder.

Appears in 1 contract

Samples: Credit Agreement (Loewen Raymond L & Anne Loewen)

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