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.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Newmont Goldcorp Corp /De/), Limited Liability Company Agreement (Barrick Gold Corp), Limited Liability Company Agreement
Remedies Not Exclusive; No Waiver. Except as otherwise provided in this Agreement, (i) each 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.
Appears in 2 contracts
Samples: Implementation Agreement (Barrick Gold Corp), Implementation Agreement (Newmont Mining Corp /De/)