Common use of Rights and Remedies Cumulative; No Waiver or Release of Obligation Clause in Contracts

Rights and Remedies Cumulative; No Waiver or Release of Obligation. The rights and remedies of the Mortgagee as provided in this Mortgage and in the Note, and in the warranties contained herein and therein shall be cumulative and concurrent, may be pursued separately, successively or together against Mortgagor or against the Premises, or both, in the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall arise. Any failure by Mortgagee to insist upon strict perfor- mancx xx Mortgagor of any of the terms and provisions of this Mortgage or of the Note shall not be deemed a waiver of any of the terms or provisions of this Mortgage or the Note. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein; every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any default or Event of Default hereunder by the Mortgagee shall extend to or shall affect any subsequent Event of Default or shall impair any rights or remedies consequent thereon. Mortgagee may release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without, as to the remainder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien.

Rights and Remedies Cumulative; No Waiver or Release of Obligation. The rights and remedies of the Mortgagee Grantee as provided in this Mortgage and in Mortgage, the NoteNote or the Loan Agreement, and in the warranties contained herein and therein shall be cumulative and concurrent, may be pursued separately, successively or together against Mortgagor Grantor or against the PremisesMortgaged Property, or bothany combination thereof, in at the sole discretion of MortgageeGrantee, and may be exercised as often as occasion therefor shall arise. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. Any failure by Mortgagee Grantee to insist upon strict perfor- mancx xx Mortgagor performance by Grantor of any of the terms and provisions of this Mortgage or of Mortgage, the Note or the Loan Agreement shall not be deemed to be a waiver of any of the terms or provisions thereof, and Grantee shall have the right thereafter to insist upon strict performance by Grantor of this Mortgage or the Noteany and all of them. No delay or omission to exercise any right or power accruing upon any Event failure or event of Default default shall impair any right or power or shall be construed to be a waiver of any such Event failure or event of Default default or acquiescence therein; and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any failure or event of default or Event of Default hereunder by the Mortgagee Grantee shall extend to or shall affect any subsequent Event failure or event of Default default or shall impair any rights or remedies consequent thereon. Mortgagee Neither Grantor nor any other person now or hereafter obligated for payment of all or any part of the sums now or hereafter secured by this Mortgage shall be relieved of such obligation by reason of the failure of Grantee to comply with any request of Grantor or of any other person so obligated to take action to foreclose on this Mortgage or otherwise enforce any provisions of this Mortgage, the Note or the Loan Agreement, or by reason of the release, regardless of consideration, of all or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner of the Mortgaged Property and Grantee extending the time of payment or modifying the terms of the Mortgage, without first having obtained the consent of Grantor or such other person; and in the latter event Grantor and all such other persons shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Grantee. The Grantee may release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without, as to the remainder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien.

Rights and Remedies Cumulative; No Waiver or Release of Obligation. The rights and remedies of the Mortgagee as provided in this Mortgage and in the NoteReimbursement Agreement, and in the warranties contained herein and therein shall be cumulative and concurrent, may be pursued separately, successively or together against Mortgagor or against the Premises, or both, in the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall arise. Any failure by Mortgagee to insist upon strict perfor- mancx performance by Mortxxxxx xx Mortgagor of any of the terms and provisions of this Mortgage or of the Note Reimbursement Agreement shall not be deemed a waiver of any of the terms or provisions of this Mortgage or the NoteReimbursement Agreement. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein; every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any default or Event of Default hereunder by the Mortgagee shall extend to or shall affect any subsequent Event of Default or shall impair any rights or remedies consequent thereon. Mortgagee may release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without, as to the remainder reminder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien.

Rights and Remedies Cumulative; No Waiver or Release of Obligation. The rights and remedies of the Mortgagee as provided in this Mortgage and in the NoteMortgage, and in the warranties contained herein and therein shall be cumulative and concurrent, may be pursued separately, successively or together against Mortgagor or against the Premises, or both, in the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall arise. Any failure by Mortgagee to insist upon strict perfor- mancx xx performance by Mortgagor of any of the terms and provisions of this Mortgage or of the Note shall not be deemed a waiver of any of the terms or provisions of this Mortgage or the NoteMortgage. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein; every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any default or Event of Default hereunder by the Mortgagee shall extend to or shall affect any subsequent Event of Default or shall impair any rights or remedies consequent thereon. Mortgagee may release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without, as to the remainder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien.

Rights and Remedies Cumulative; No Waiver or Release of Obligation. The rights and remedies of the Mortgagee as provided in the PILOT Agreement, Bond Lease, and, this Mortgage and in the NoteMortgage, and in the warranties contained herein and therein therein, shall be cumulative and concurrent, may be pursued separately, successively or together against Mortgagor or its assigns or against the Premisesrespective Mortgaged Property, or bothany combination thereof, in at the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall arise. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The rights and remedies provided for in this Mortgage are not exclusive, but are in addition to all other rights and remedies provided by law or equity.‌ Any failure by Mortgagee to insist upon strict perfor- mancx xx performance by Mortgagor or its assigns of any of the terms and provisions of this Mortgage or of the Note shall not be deemed to be a waiver of any of the terms or provisions thereof, and Mortgagee shall have the right thereafter to insist upon strict performance by Mortgagor of this Mortgage or the Noteany and all of them. No delay or omission to exercise any right or power accruing upon any Event of failure or PILOT Mortgage Default shall impair any right or power or shall be construed to be a waiver of any such Event of failure or PILOT Mortgage Default or acquiescence therein; and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any default failure or Event of PILOT Mortgage Default hereunder by the Mortgagee shall extend to or shall affect any subsequent Event of failure or PILOT Mortgage Default or shall impair any rights or remedies consequent thereon. Neither Mortgagor nor any other person now or hereafter obligated for payment of all or any part of the sums now or hereafter secured by this Mortgage shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor or of any other person so obligated to take action to foreclose on this Mortgage or otherwise enforce any provisions of this Mortgage, the Bonds, or the Obligations, or by reason of the release, regardless of consideration, of all or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Mortgage, without first having obtained the consent of Mortgagor or such other person; and in the latter event Mortgagor and all such other persons shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Mortgagee. The Mortgagee may in writing release, regardless of consideration, any part of the security held for the indebtedness secured by this Mortgage without, as to the remainder of the security, in any way impairing or affecting the lien of this Mortgage or its priority over any subordinate lien.