Common use of Rights and Remedies Cumulative; Non-Waiver; etc Clause in Contracts

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured Parties, set forth in this Agreement is not intended to be exhaustive and the exercise by the Secured Party of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between Grantor and the Secured Party or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor and the Secured Parties or the Secured Parties' agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the Secured Party's and Lenders' rights and remedies of the Secured Parties, set forth in this Security Agreement is not intended to be exhaustive and the exercise by the Secured Party or any Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between Grantor Pledgor and the Secured Party or any Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor Pledgor and the Secured Parties Party or the Secured Parties' any Lender or their respective agents or employees shall be effective to change, modify or discharge any provision of this Security Agreement or to constitute a waiver of any Event of Default. The Secured Parties shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured Parties, Lender set forth in this Agreement is not intended to be exhaustive and the exercise by the Secured Party Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunderunder this Agreement, or under any other agreement between Grantor Borrower and the Secured Party Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor Borrower and the Secured Parties Lender or the Secured Parties' Lender's agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties Lender shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefromsuch error, omission or delay, other than as a result of its Lender’s or Lender’s agent’s gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Collateral Agent (for the benefit of the Secured Parties), set forth in this Agreement is not intended to be exhaustive and the exercise by the Secured Party Collateral Agent of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between Grantor and the Collateral Agent and/or any Secured Party or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party Collateral Agent in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor and the Secured Parties Collateral Agent or the Secured Parties' Collateral Agent's agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Neither the Collateral Agent nor any Secured Parties Party shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured Parties, Agent set forth in this Agreement is not intended to be exhaustive and the exercise by the Agent or any Secured Party of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between a Grantor and the Agent or any Secured Party or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Agent or any Secured Party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between a Grantor and the Secured Parties Agent or the Secured Parties' Agent's agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties Agent shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured PartiesAgent, for the benefit of the Lenders, set forth in this Agreement is not intended to be exhaustive and the exercise by the any Secured Party of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between a Grantor and the Secured Party Parties or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the any Secured Party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between a Grantor and the Secured Parties Agent or the Secured Parties' Agent's agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties Agent shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or Name: NB.BOLLE.SECURITY.AGREEMENT Doc No: 190339 (FINAL) for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured Parties, Parties set forth in this Agreement is not intended to be exhaustive and the exercise by the any Secured Party of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between a Grantor and the Secured Party Parties or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the any Secured Party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between a Grantor and the Secured Parties or the Secured Parties' agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.215

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Administrative Agent and the other Secured Parties, Parties set forth in this Agreement Guaranty is not intended to be exhaustive and the exercise by the Administrative Agent and the other Secured Party Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, hereunder or under any the other agreement between Grantor and the Secured Party Loan Documents or which that may now or hereafter exist in at law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Administrative Agent or any other Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No single or partial exercise of any such right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege privilege. A waiver by the Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by right or remedy which the party making Administrative Agent or such waiver, and then only to the extent specifically stated in such writingother Secured Party would otherwise have on any future occasion. No course of dealing between Grantor the Borrower, the Administrative Agent and the other Secured Parties or the Secured Parties' their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement Guaranty or any of the other Loan Documents or to constitute a waiver of any Event of Default. The Secured Parties shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the Secured Party's and Lenders' rights and remedies of the Secured Parties, set forth in this Security Agreement is not intended to be exhaustive and the exercise by the Secured Party or any Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between Grantor Pledgor and the Secured Party or any Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, right power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor Pledgor and the Secured Parties Party or the Secured Parties' any Lender or their respective agents or employees shall be effective to change, modify or discharge any provision of this Security Agreement or to constitute a waiver of any Event of Default. The Secured Parties shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the Secured Party's and Lenders' rights and remedies of the Secured Parties, set forth in this Security Agreement is not intended to be exhaustive and the exercise by the Secured Party or any Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between Grantor Borrower and the Secured Party or any Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor Borrower and the Secured Parties Party or the Secured Parties' any Lender or their respective agents or employees shall be effective to change, modify or discharge any provision of this Security Agreement or to constitute a waiver of any Event of Default. The Secured Parties shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured PartiesAgent, for the benefit of the Lenders, set forth in this Agreement is not intended to be exhaustive and the exercise by the any Secured Party of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between a Grantor and the Secured Party Parties or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the any Secured Party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between a Grantor and the Secured Parties Agent or the Secured Parties' Agent's agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties Agent shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured Parties, Lender set forth in this Agreement is not intended to be exhaustive and the exercise by the Secured Party Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, or under any other agreement between Grantor Borrower and the Secured Party Lender or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor Borrower and the Secured Parties Lender or the Secured Parties' Lender's agents or employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties Lender shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the rights and remedies of the Secured Parties, Administrative Agent and the other Lender Parties set forth in this Agreement Guaranty is not intended to be exhaustive and the exercise by the Secured Party Administrative Agent and the other Lender Parties of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, hereunder or under any the other agreement between Grantor and the Secured Party Loan Documents or which that may now or hereafter exist in at law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Administrative Agent or any other Lender Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No single or partial exercise of any such right, power or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege privilege. A waiver by the Administrative Agent or any other Lender Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by right or remedy which the party making Administrative Agent or such waiver, and then only to the extent specifically stated in such writingother Lender Party would otherwise have on any future occasion. No course of dealing between Grantor the Borrower, the Administrative Agent and the Secured other Lender Parties or the Secured Parties' their respective agents or employees shall be effective to change, modify or discharge any provision of this Agreement Guaranty or any of the other Loan Documents or to constitute a waiver of any Event of Default. The Secured Parties shall not have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its gross negligence or willful misconduct.

Rights and Remedies Cumulative; Non-Waiver; etc. The enumeration of the Lender's rights and remedies of the Secured Parties, set forth in this Agreement is not intended to be exhaustive and the exercise by the Secured Party Lender of any right or remedy shall not preclude the exercise of any other rights or remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder, under the Loan Documents or under any other agreement between Grantor to which the Borrower or any Guarantor and the Secured Party Lender are now or hereafter become parties, or which may now or hereafter exist in law or in equity or by suit or otherwise. No delay or failure to take action on the part of the Secured Party Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude other or further exercise thereof or the exercise of any other right, power or privilege or shall be construed to be a waiver of any Event of Default. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing. No course of dealing between Grantor the Borrower or any Guarantor and the Secured Parties Lender or the Secured Parties' agents or Lender's employees shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any Event of Default. The Secured Parties Lender shall not not, under any circumstances or in any event whatsoever, have any liability for any error, omission or delay of any kind occurring in the handling or liquidation of the Collateral or for any damages resulting therefrom, other than as a result of its therefrom except damages directly attributable to the Lender's gross negligence or willful misconduct.