REMEDIES CUMULATIVE, NON-WAIVER. (1) All rights and remedies given to Tenant or to Landlord shall be distinct, separate, and cumulative, and the use of one or more thereof shall not exclude or waive any other right or remedy allowed by law unless specifically limited or waived in this Lease;
(2) No waiver of any breach or default of either party hereunder shall be implied from any omission by the other party to take any action on account of a similar or different breach or default;
(3) The payment or acceptance of money after it falls due after knowledge of any breach of this Lease by Landlord or tenant, or after the termination in any way of the term hereof or of tenant's right of possession hereunder, or after the service of any notice, or after the commencement of any suit, or after final judgment for possession of the Property shall not reinstate, continue or extend the Term of this Lease nor affect any such notice, demand or suit or any right hereunder not expressly waived;
(4) No express waiver shall affect any breach other than the breach specified in the express waiver and then only for the time and to the extent therein stated.
B. Tenant's obligation to pay rent during the Term or any extension thereof or any holdover tenancy shall not be waived, released or terminated by the service of any five-day notice, demand for possession, notice of termination of tenancy, institution of any action or forcible detainer, ejectment or for any judgment for possession, or any other act or acts resulting in termination of Tenant's right of possession.
REMEDIES CUMULATIVE, NON-WAIVER. No remedy herein or otherwise conferred upon or reserved to Landlord or Tenant shall be considered exclusive of any other remedy, but the same shall be distinct, separate and cumulative and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity; and every power and remedy given by this Lease Agreement may be exercised from time to time as often as occasion may arise or as may be deemed expedient. No delay or omission of Landlord to exercise any right or power arising from any default on the part of Tenant shall impair any such right or power, or shall be construed to be a waiver of any such default, or any acquiescence therein. The acceptance of rent by Landlord with knowledge of a default by Tenant hereunder shall not constitute a waiver of such default.
REMEDIES CUMULATIVE, NON-WAIVER. The Bank shall have all of the rights and remedies of a secured party under the UCC and other applicable law as well as those specified by agreement with Pledgor or Borrower. All rights and remedies of the Bank are cumulative, and no right or remedy shall be exclusive of any other right or remedy. No single, partial or delayed exercise by the Bank of any right or remedy shall preclude full and timely exercise at any time of any right or remedy of the Bank without notice. No course of dealing or other conduct, no oral agreement or representation made by the Bank, and no usage of trade, shall operate as a waiver of any right or remedy of the Bank. No waiver of any right or remedy of the Bank shall be effective unless made specifically in writing by the Bank.
REMEDIES CUMULATIVE, NON-WAIVER. The rights and remedies of the ------------------------------- parties contained in this Agreement are cumulative and are in addition to any and all rights and remedies at law or in equity, which the parties hereto are entitled to under applicable law. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
REMEDIES CUMULATIVE, NON-WAIVER. The various rights and remedies herein contained and reserved to each of the parties shall not be considered as exclusive of any other right or remedy or such party, which shall be construed as cumulative and shall be in addition to every other remedy now or hereafter existing at law, in equity, or by statute, and such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed of a waiver of any default or as acquiescence therein. One or more waivers of any covenants, term or condition, of this Sublease by either party shall not be construed by the other party as a waiver of subsequent or continuing breaches of the same covenants, term or condition. The consent or approval by either party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act.
REMEDIES CUMULATIVE, NON-WAIVER. The rights and remedies of the Parties to this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any Party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by a Party. No waiver made by any Party with respect to the performance, or manner or time thereof, or any obligation of a Party or any condition to its own obligation under this Agreement shall be considered a waiver of any rights of the Party making the waiver with respect to the particular obligation of another Party or condition to its own obligation beyond those expressly waived and to the extent thereof, or a waiver in any respect in regard to any other rights of the Party making the waiver or any other obligations of another Party.
REMEDIES CUMULATIVE, NON-WAIVER. All rights and remedies of the Bank provided for in this Loan Agreement or in any other related document as to any party are cumulative, shall survive the termination of this Loan Agreement, and shall be in addition to any and all other related rights and remedies provided for or available to the Bank at law, including those contained in the Act, or in equity. The exercise of, or the failure to exercise, any right or remedy by the Bank shall not in any way constitute a cure or waiver of an Event of Default or the waiver of any right or remedy available to the Bank, nor invalidate any act done pursuant to any notice of the occurrence of an Event of Default.
REMEDIES CUMULATIVE, NON-WAIVER. Unless otherwise specified in this Lease, no remedy of Lessor or Lessee shall be considered exclusive of any other remedy, but each shall be distinct, separate and cumulative with other available remedies. Each remedy available under this Lease or at law or in equity may be exercised by Lessor or Lessee from time to time as often as the need may arise. No course of dealing between Lessor and Lessee, or any delay or omission of Lessor or Lessee in exercising any right arising from the other party’s default, shall impair such right or be construed to be a waiver of default.
REMEDIES CUMULATIVE, NON-WAIVER. All rights and remedies given to Tenant shall be distinct, separate and cumulative, and the use of one or more thereof shall not exclude or waive any other right or remedy allowed by law. No waiver of any breach or default of Landlord shall be implied from any previous failure by Tenant to take action on account of any other breach or default.
REMEDIES CUMULATIVE, NON-WAIVER. The various rights and ------------ -------------------------------- remedies herein contained and reserved to each of the parties shall not be considered as exclusive of any other right or remedy of such party, but shall be construed as cumulative and shall be in addition to every other remedy now or hereafter existing at law, in equity, by statute, or by any other portion of this Lease. Said rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. No delay or omission to exercise any right or power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed by the other party as a waiver of a subsequent or continuing breach of the same covenant, term or condition.
