Common use of Remedies Cumulative, Delay Not to Constitute Waiver Clause in Contracts

Remedies Cumulative, Delay Not to Constitute Waiver. No remedy conferred upon or reserved to BB&T or a receiver by this Lease is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, and any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle BB&T or a receiver to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. In the event any agreement contained in this Lease should be breached by either party and thereafter waived by the other party, such waiver shall be limited to a particular breach so waived and shall not be deemed to waive any other breach hereunder. In case BB&T shall have proceeded to enforce any right under this Lease and such proceedings shall have been determined adversely to BB&T, BB&T shall be restored to its former position and rights hereunder and all rights, remedies and powers of BB&T shall continue as if no such proceedings had been taken.

Remedies Cumulative, Delay Not to Constitute Waiver. No remedy conferred upon or reserved to BB&T the Issuer, the Lender, any other Holder or a receiver by this Lease Loan Agreement or by the other Subordinate Loan Documents is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease Loan Agreement or the other Subordinate Loan Documents or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default Default shall impair any such right or power, and any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle BB&T the Issuer, the Lender, any other Holder or a receiver to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. In the event any agreement contained in this Lease Loan Agreement or the other Subordinate Loan Documents should be breached by either any party and thereafter waived by the other partyparties, such waiver shall be limited to a particular breach so waived and shall not be deemed to waive any other breach hereunder. In case BB&T shall have proceeded to enforce any right under this Lease and such proceedings shall have been determined adversely to BB&T, BB&T shall be restored to its former position and rights hereunder and all rights, remedies and powers of BB&T shall continue as if no such proceedings had been taken.

Remedies Cumulative, Delay Not to Constitute Waiver. No remedy conferred upon or reserved to BB&T the Lender or a receiver by this Lease is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, and any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle BB&T the Lender or a receiver to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. In the event any agreement contained in this Lease should be breached by either party and thereafter waived by the other party, such waiver shall be limited to a particular breach so waived and shall not be deemed to waive any other breach hereunder. In case BB&T the Lender shall have proceeded to enforce any right under this Lease and such proceedings shall have been determined adversely to BB&Tthe Lender, BB&T the Lender shall be restored to its former position and rights hereunder and all rights, remedies and powers of BB&T the Lender shall continue as if no such proceedings had been taken.