Common use of Rights Cumulative; No Waiver Clause in Contracts

Rights Cumulative; No Waiver. All rights, powers and remedies of ---------------------------- Trustee and/or Beneficiary provided in this Deed of Trust and in the other Loan Documents, may be exercised at any time by Beneficiary and from time to time after the occurrence of any such Event of Default, are cumulative and not exclusive, may be pursued singularly, successively, or together at the sole discretion of Trustee and/or Beneficiary, and shall be in addition to any other rights, powers or remedies provided by law or equity. The failure to exercise any such right or remedy shall in no event be construed as a waiver or a release thereof. Trustee's or Beneficiary's exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums then due and payable to Beneficiary under the Loan Documents are repaid and Trustor has cured all other defaults. No waiver shall be implied from any failure of Beneficiary to take, or any delay by Beneficiary in taking, action concerning any Event of Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Event of Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 6 contracts

Samples: Discovery Investments Inc, Discovery Investments Inc, Discovery Investments Inc

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Rights Cumulative; No Waiver. All rights, powers and remedies of ---------------------------- Trustee and/or Beneficiary Lender provided in this Deed of Trust Agreement and in the other Loan Documents, Documents may be exercised at any time by Beneficiary Lender and from time to time after the occurrence and during the continuance of any such Event of Defaultbreach or default, are cumulative and not exclusive, may be pursued singularly, successively, or together at the sole discretion of Trustee and/or BeneficiaryLender, and shall be in addition to any other rights, powers or remedies provided by law or equity. The failure to exercise any such right or remedy shall in no event be construed as a waiver or a release thereof. Trustee's or BeneficiaryLender's exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums amounts then due and payable to Beneficiary Lender under the Loan Documents are repaid and Trustor Borrower has cured all other defaultsEvents of Default. No waiver shall be implied from any failure of Beneficiary Lender to take, or any delay by Beneficiary Lender in taking, action concerning any Event of Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Event of Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (Catellus Development Corp)

Rights Cumulative; No Waiver. All rights, powers and remedies of ---------------------------- Trustee and/or Beneficiary provided in this Deed of Trust and in the other Loan DocumentsTrust, may be exercised at any time by Beneficiary Beneficiary, except as expressly provided herein, and from time to time after the occurrence of any such Event of Default, are cumulative and not exclusive, may be pursued singularly, successively, or together at the sole discretion of Trustee and/or Beneficiary, and shall be in addition to any other rights, powers or remedies provided by law or equity. The failure to exercise any such right or remedy shall in no event be construed as a waiver or a release thereof. Trustee's ’s or Beneficiary's ’s exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums then due and payable to Beneficiary under the Loan Documents or under this Deed of Trust are repaid and Trustor has cured all other defaults. No waiver shall be implied from any failure of Beneficiary to take, or any delay by Beneficiary in taking, action concerning any Event of Default or failure of condition under the Loan DocumentsDefault, or from any previous waiver of any similar or unrelated Event of Default or failure of conditionDefault. Any waiver or approval under any of the Loan Documents or under this Deed of Trust must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Westaff Inc

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Rights Cumulative; No Waiver. All rights, powers and remedies of ---------------------------- Trustee and/or Beneficiary Lender provided in this Deed of Trust Agreement and in the other Loan Documents, Documents may be exercised at any time by Beneficiary Lender and from time to time after the occurrence and during the continuance of any such Event of Defaultbreach or default, are cumulative and not exclusive, may be pursued singularly, successively, or together at the sole discretion of Trustee and/or BeneficiaryLender, and shall be in addition to any other rights, powers or remedies provided by law or equity. The failure to exercise any such right or remedy shall in no event be construed as a waiver or a release thereof. Trustee's or Beneficiary's Lender’s exercise of any right or remedy shall not constitute a cure of any Event of Default unless all sums amounts then due and payable to Beneficiary Lender under the Loan Documents are repaid and Trustor Borrower has cured all other defaultsEvents of Default. No waiver shall be implied from any failure of Beneficiary Lender to take, or any delay by Beneficiary Lender in taking, action concerning any Event of Default or failure of condition under the Loan Documents, or from any previous waiver of any similar or unrelated Event of Default or failure of condition. Any waiver or approval under any of the Loan Documents must be in writing and shall be limited to its specific terms.

Appears in 1 contract

Samples: Loan Agreement (Catellus Development Corp)

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