RIGHTS CUMULATIVE; WAIVERS The rights of each. of the parties under this Agreement are cumulative and may be exercised as often as any party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or amended other than by an express waiver or amendment in writing. Any failure to exercise (or any delay in exercising) any of such rights shall not operate as a waiver or amendment of that or any other such right. Any defective or partial exercise of any of such right shall not preclude any other or further exercise of that or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way stop or preclude such party from exercising any such right or constitute a suspension or any waiver of any such right.
Appears in 17 contracts
Samples: Primary Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top23), Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr17)
