Common use of Remedies Cumulative, Concurrent and Nonexclusive Clause in Contracts

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note Credit Documents and available at law or equity (including the UCC), which rights (ai) shall be cumulative cumulated and concurrent, (bii) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (ciii) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (div) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted in the Term Note Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, Grantee (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee in the enforcement of any rights, remedies or recourses under the Term Note Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note Credit Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Trustee and Beneficiary shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Trustee or Beneficiary in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary or Trustee shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorTrustor or others obligated under the Loan Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Note Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Credit Agreement and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Trustee or Beneficiary in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted hereunder and in the Term Note Collateral Agency Agreement and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses hereunder, under the Term Note Collateral Agency Agreement or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary and the Lenders shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Loan Documents, or against the Mortgaged Trust Property, or against any one or more of them, at the sole discretion of Mortgagee, as Beneficiary or the case may beLenders, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or the Lenders in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING - Page 7 [Pinebrook – Milford, OH] them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrentconcurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against MortgagorGrantor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beLender, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender or Trustee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Note and the other Loan Documents, or against the Mortgaged Secured Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beGrantee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Agent and Beneficiary shall have all rights, remedies and recourses granted in the Term Note Financing Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor obligated under the Financing Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beAgent and Beneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Agent or Beneficiary in the enforcement of any rights, remedies or recourses under the Term Note Financing Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrentconcurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against MortgagorBorrower, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beLender, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.. MORTGAGE, ASSIGNMENT OF RENTS AND LEASES, COLLATERAL ASSIGNMENT OF PROPERTY AGREEMENTS,

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note Eagle Ridge Lease and available at law or equity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent, (b) may be pursued separately, successively or concurrently against Mortgagor, Mortgagor or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Eagle Ridge Lease or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Subject to the terms of each Intercreditor Agreement, Mortgagee shall have all rights, remedies and recourses granted in the Term Note Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Note Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCCCode), which rights (a) shall be cumulative and concurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may beLender, (c) may be exercised as often as occasion therefor therefore shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Term Note Loan Documents and available at law or equity (including the UCC), which rights (a) shall be cumulative and concurrentconcurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against Mortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Term Note Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.