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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver of any such right.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq6), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq7), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2006-Hq10)
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 appropriateappropriate under the terms and conditions specifically set forth. The rights of each of the parties hereunder shall not be capable of being waived or amended other varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 8 contracts
Samples: Account Purchase Agreement (Performance Capital Management LLC), Purchase and Sale Agreement (Performance Capital Management LLC), Sale and Assignment Agreement (Host America Corp)
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 right of each of the parties hereunder shall not be capable of being waived or amended other varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 7 contracts
Samples: Mortgage Loan Purchase and Sale Agreement, Mortgage Loan Purchase and Sale Agreement (FS Credit Real Estate Income Trust, Inc.), Mortgage Loan Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)
Rights Cumulative; Waivers. The rights of each of the parties under this Agreement Option are cumulative and may be exercised as often as any party considers appropriatecumulative. The rights of each of the parties hereunder shall not be capable of being waived or amended varied other than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. However, the Grantee may waive a default and its consequences. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 4 contracts
Samples: Consulting Agreement (Skye International, Inc), Consulting Agreement (Skye International, Inc), Stock Option Agreement (Skye International, Inc)
Rights Cumulative; Waivers. The rights of each of the parties under this Servicing 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 varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 4 contracts
Samples: Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Sale and Master Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1), Servicing Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)
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 varied otherwise than by an express waiver or amendment variation that is in writingwriting and signed by the parties. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 3 contracts
Samples: Omnibus Agreement (Unwired Telecom Corp), Omnibus Agreement (Unwired Telecom Corp), Management Agreement (Unwired Telecom Corp)
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, subject to the time limitations set forth in this Agreement and by applicable law. The rights of each of the parties hereunder shall not be capable of being waived or amended other than varied except by an express waiver or amendment variation in writingwriting and signed by both parties. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that right or any other such right. Any defective or partial exercise of any of such right rights shall not preclude any other or further exercise of that right or any other such right. No act or course of conduct or negotiation on the part of any party shall in any way estop or preclude such party from exercising any such right or otherwise constitute a suspension or any waiver variation of any such right.
Appears in 3 contracts
Samples: Loan Sale Agreement, Non Recourse Loan Sale Agreement (United American Healthcare Corp), Loan Sale Agreement (TNP Strategic Retail Trust, Inc.)
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. right No act or course of conduct or negotiation on the part of any party shall in any way estop or preclude such party from exercising any such right or constitute a suspension or any waiver of any such right.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital 1 Inc Series 2000-Prin), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Depositor for Ser 1999-Life1)
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 varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Pacificamerica Money Center Inc), Service Provider Agreement (New Century Financial Corp)
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 right of each of the parties hereunder shall not be capable of being waived or amended other varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 2 contracts
Samples: Loan Sale Agreement (CS Financing CORP), Loan Sale Agreement (Digital Creative Development Corp)
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 varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 1 contract
Samples: Loan Purchase Agreement (National Tax Credit Investors Ii)
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 varied otherwise than by an any express waiver or amendment variation in writing. Any failure Failure to exercise (or any delay in exercising) exercising any of such rights also shall not operate as a waiver or amendment variation of that or any other such right. Any defective Defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (First Aviation Services Inc)
Rights Cumulative; Waivers. The rights of each of the parties under this Agreement are cumulative and cumulative, may be exercised as often as any party considers appropriateappropriate and are in addition to each of such party's rights under any other documents executed between the parties or, except as otherwise modified herein, under law. The rights of each of the parties hereunder shall not be capable of being waived or amended other varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 1 contract
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 varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 1 contract
Samples: Flow Purchase Agreement (New Century Financial Corp)
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 appropriateappropriate under the terms and conditions specifically set forth. The rights of each of the parties hereunder shall not be capable of being waived or amended other varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 other party shall in any way estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Eddie Bauer Holdings, Inc.)
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 varied otherwise than by an express waiver or amendment variation that is in writingwriting and signed by the parties. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (United Panam Financial Corp)
Rights Cumulative; Waivers. The rights of each of the parties -------------------------- under this Agreement are cumulative and may be exercised as often as any such party considers appropriate. The rights of each of the parties hereunder shall not be capable of being waived or amended other varied otherwise than by an express waiver or amendment variation in writing. Any failure to exercise (or any delay in exercising) exercising any of such rights shall not operate as a waiver or amendment variation of that or any other such right. Any defective or partial exercise of any of such right rights 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 estop or preclude such party from exercising any such right or constitute a suspension or any waiver variation of any such right.
Appears in 1 contract
