Remedies Not Exclusive; No Waiver. Except as otherwise provided in this Article 20, no remedy or election hereunder will be deemed exclusive but will, wherever possible, be cumulative with all other remedies herein provided or permitted at law or in equity. No provision of this Lease will be deemed to have been waived by Landlord unless a written waiver from Landlord has first been obtained and, without limiting the generality of the foregoing, no acceptance of Basic Rent or Additional Rent subsequent to any default and no condoning, excusing or overlooking by Landlord on previous occasions of any default or any earlier written waiver will be taken to operate as a waiver by the Landlord or in any way defeat or otherwise affect the rights and remedies of the Landlord hereunder.
Remedies Not Exclusive; No Waiver. Except as otherwise provided in this Agreement, (i) each and every power and remedy specifically given to the Non-Defaulting Member shall be in addition to every other power and remedy now or hereafter available at law or in equity (including the right to specific performance), and (ii) each and every power and remedy may be exercised from time to time and as often and in such order as may be deemed expedient. All such powers and remedies shall be cumulative, and the exercise of one shall not be deemed a waiver of the right to exercise any other. No delay or omission in the exercise of any such power or remedy and no extension of time for making any payments due under this Agreement shall impair any such power or remedy or shall be construed to be a waiver of any default.
Remedies Not Exclusive; No Waiver. The remedies of Landlord set forth in this Lease are cumulative and are in addition to and not exclusive of any other remedy of Landlord herein given or which may be permitted by law, and if any breach or threatened breach by Tenant of this Lease occurs, Landlord shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right and remedy allowed by law or in equity or by statute or otherwise in addition to rights set forth in this Lease. Tenant shall permit any re-entry as provided for in this Article XIII without hindrance to Landlord, and Landlord shall not be liable in damages or guilty of trespass because of such re-entry. The failure of Landlord to insist, in any one or more instances, upon a strict performance of any of the covenants of this Lease or to exer- cise any option contained herein, shall not be construed as a waiver or a relinquishment for the future of such covenant or option. A receipt by Landlord of rent with knowledge of breach of any covenant of this Lease shall not be deemed a waiver of such breach. No waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. If Tenant fails to make any payments when due and payable as provided in this Lease and Landlord sends notice to Tenant more than twice in any one calendar year, then Tenant shall be deemed in default, and Landlord shall have all rights and remedies provided in this Lease for default by Tenant.
Remedies Not Exclusive; No Waiver. No reference to any specific right or remedy shall exclude the exercise of any other right or remedy. Neither party shall be deemed to have waived its rights in the future by the failure to exercise the same in a given instance. If any provision herein is invalid or unenforceable, in general or in a specific instance, such provision shall be enforceable in other circumstances, and in no other case shall such invalidity or unenforceability render invalid or unenforceable the remainder of this Lease.
Remedies Not Exclusive; No Waiver. Every power or remedy given Lender by any of the Loan Documents, or to which Lender may be otherwise entitled, may be exercised without prejudice to any other power or remedy, concurrently, independently, in any order or any manner from time to time and as often as may be deemed expedient by Lender. No remedy or power is intended to be exclusive of any other remedy ox xxxxr, and Lender may pursue inconsistent remedies. The acceptance by Lender of the payxxxx xr performance of any Secured Obligation after the same shall be due shall not constitute a waiver of Lender's right to the prompt payment or performance of same, or to declare a default as herein provided. The acceptance by Lender of any sum in an amount less than the sum then due shall not constitute a waiver of Borrower's obligation to pay the entire sum, and such failure shall continue to be a default by Borrower notwithstanding Lender's acceptance of such partial payment. Consent by Lender to any action xx xxaction of Borrower which is subject to consent or approval shall not be deemed a waiver of any other or future right of Lender to consent under this Mortgage. Nothing set forth in this Mortgage shall be construed to constitute Lender as a "mortgagee in possession" in the absence of its actual taking possession of the Mortgaged Estate pursuant to the powers granted herein.
Remedies Not Exclusive; No Waiver. The rights, powers and remedies of the Borough and Applicant provided in this Agreement are cumulative and not exclusive of any right, power or remedy provided by law or equity and no failure or delay on the part of either the Borough or Applicant in the exercise of any right, power, or remedy shall operate as a waiver thereof, except for Applicant’s failure to take a timely appeal within the aforementioned thirty
Remedies Not Exclusive; No Waiver. The rights, powers and remedies of the Borough provided in this Agreement are cumulative and not exclusive of any right, power or remedy provided by law or equity (including, without limitation, an action in equity to restrain the occurrence of events which might (but not necessarily would) result in the occurrence of an Event of Default), and no failure or delay on the part of the Borough in the exercise of any right, power, or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy.
