Common use of Rights Cumulative; Waivers Clause in Contracts

Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative, may be exercised as often as the Seller consider appropriate and are in addition to the Seller's rights under general law. The Seller's rights under this Guarantee shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy and no act or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude the Seller from exercising any such right or remedy or constitute a suspension or any variation of any such right or remedy. * * * * * This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONAL, INC. ) acting by its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinks

Appears in 2 contracts

Samples: Unitedglobalcom Inc, Liberty Global, Inc.

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Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative7.1.1. Each right, may be exercised as often as power and remedy conferred upon Lender herein or in any of the Seller consider appropriate other Loan Documents is cumulative and are in addition to the Seller's rights under general lawevery other right, power or remedy, express or implied, now or hereafter provided by law or in equity, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised, concurrently or independently, from time to time as often and in such order as may be deemed expedient to Lender. The Seller's rights under this Guarantee exercise of one right, power or remedy shall not be capable a waiver of being waived the right to exercise at the same time or varied otherwise than by an express waiver thereafter any other right, power or variation in writingremedy; and no delay or omission of Lender in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right right, power or remedy accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any default or acquiescence therein. Enumeration of special rights or powers herein, in the Mortgage or in the other Loan Documents shall not be construed to limit any grant of general rights or powers herein, in the Mortgage or in the other Loan Documents or limit Lender's exercise of any and no all rights granted under the laws of the State of New York or the United States of America. No act of Lender shall be construed as an election to proceed under any provision herein or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude other Loan Document to the Seller from exercising exclusion of any such right or other provision herein. Except as otherwise specifically required herein, notice of the exercise of any right, remedy or constitute a suspension power granted to Lender by this Agreement or any variation other Loan Document is not required to be given. Lender shall be entitled to enforce payment of the Loan and any other amount payable under the Loan Documents and performance of this Agreement and the other Loan Documents and to exercise all rights and remedies under this Agreement or the other Loan Documents or otherwise at law or in equity, notwithstanding that some or all of the indebtedness secured thereby may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement, shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Agreement, the Mortgage, and any other security now or hereafter held by Lender hereunder, under any of the other Loan Documents or otherwise in such right or remedy. * * * * * This DEED has been duly executed order and delivered manner as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONAL, INC. ) acting by Lender may determine in its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinksabsolute discretion.

Appears in 2 contracts

Samples: Loan Agreement (Golf Ventures Inc), Loan Agreement (Golf Ventures Inc)

Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative(a) Each right, may be exercised as often as power and remedy conferred upon Lender herein or in any of the Seller consider appropriate other Loan Documents is cumulative and are in addition to the Seller's rights under general lawevery other right, power or remedy, express or implied, now or hereafter provided by law or in equity, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised, concurrently or independently, from time to time as often and in such order as may be deemed expedient to Lender. The Seller's rights under this Guarantee exercise of one right, power or remedy shall not be capable a waiver of being waived the right to exercise at the same time or varied otherwise than by an express waiver thereafter any other right, power or variation in writingremedy; and no delay or omission of Lender in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right right, power or remedy accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any Default or acquiescence therein. Enumeration of special rights or powers herein, in the Mortgage or in the other Loan Documents shall not be construed to limit any grant of general rights or powers herein, in the Mortgage or in the other Loan Documents or to limit Lender's exercise of any and no all rights granted under the laws of the State of New York, the state where the Premises are located or the United States of America. No act of Lender shall be construed as an election to proceed under any provision herein or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude other Loan Document to the Seller from exercising exclusion of any such right other provision herein or in any other Loan Document. Except as otherwise specifically required herein, notice of the exercise of any right, remedy or constitute a suspension power granted to Lender by this Agreement or any variation other Loan Document is not required to be given. Lender shall be entitled to enforce payment of the Loan and any other amount payable under the Loan Documents, and performance of this Agreement and the other Loan Documents, and to exercise all rights and remedies under this Agreement or the other Loan Documents or otherwise at law or in equity, notwithstanding that some or all of the indebtedness secured thereby may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Agreement, the Mortgage and any other security now or hereafter held by Lender hereunder, under any of the other Loan Documents or otherwise, in such right or remedy. * * * * * This DEED has been duly executed order and delivered manner as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONAL, INC. ) acting by Lender may determine in its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinksabsolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Tower Realty Trust Inc)

Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative(a) Each right, may be exercised as often as power and remedy conferred upon Lender herein or in any of the Seller consider appropriate other Loan Documents or Facility Documents is cumulative and are in addition to the Seller's rights under general lawevery other right, power or remedy, express or implied, now or hereafter provided by law or in equity, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised, concurrently or independently, from time to time as often and in such order as may be deemed expedient to Lender. The Seller's rights under this Guarantee exercise of one right, power or remedy shall not be capable a waiver of being waived the right to exercise at the same time or varied otherwise than by an express waiver thereafter any other right, power or variation in writingremedy; and no delay or omission of Lender in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right right, power or remedy accruing hereunder or arising otherwise shall impair any 63 71 such right, power or remedy, or be construed to be a waiver of any Default or acquiescence therein. Enumeration of special rights or powers herein or in the other Loan Documents or Facility Documents shall not be construed to limit any grant of general rights or powers herein or in the other Loan Documents or Facility Documents or to limit Lender's exercise of any and no all rights granted under the laws of the State of New York, the state where any Property is located, or the United States of America. No act of Lender shall be construed as an election to proceed under any provision herein or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude other Loan Document or Facility Document to the Seller from exercising exclusion of any such right other provision herein or in any other Loan Document or Facility Document. Except as otherwise specifically required herein, notice of the exercise of any right, remedy or constitute a suspension power granted to Lender by this Agreement or any variation other Loan Document or Facility Document is not required to be given. Lender shall be entitled to enforce payment of the Loans and any other amount payable under the Loan Documents or Facility Documents, and performance of this Agreement and the other Loan Documents and Facility Documents, and to exercise all rights and remedies under this Agreement or the other Loan Documents or Facility Documents or otherwise at law or in equity, notwithstanding that some or all of the indebtedness secured thereby may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Agreement and any other security now or hereafter held by Lender hereunder, under any of the other Loan Documents, Facility Documents or otherwise, in such right or remedy. * * * * * This DEED has been duly executed order and delivered manner as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONAL, INC. ) acting by Lender may determine in its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinksabsolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Silverleaf Resorts Inc)

Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative7.1.1. Each right, may be exercised as often as power and remedy herein conferred upon Lender herein or in any of the Seller consider appropriate other Loan Documents is cumulative and are in addition to the Seller's rights under general lawevery other right, power or remedy, express or implied, now or hereafter provided by law or in equity, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised, concurrently or independently, from time to time as often and in such order as may be deemed expedient to Lender. The Seller's rights under this Guarantee exercise of one right, power or remedy shall not be capable a waiver of being waived the right to exercise at the same time or varied otherwise than by an express waiver thereafter any other right, power or variation in writingremedy; and no delay or omission of Lender in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right right, power or remedy accruing hereunder or rising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any default or acquiescence therein. Enumeration of special rights or powers herein, in the Mortgage or in the other Loan Documents shall not be construed to limit any grant of general rights or powers herein, in the Mortgage or in the other Loan Documents or limit Lender's exercise of any and no all rights granted under the laws of the State where the Property is located, the State of New York or the United States of America. No act of Lender shall be construed as an election to proceed under any provision herein or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude other Loan Document to the Seller from exercising exclusion of any such right or other provision herein. Except as otherwise specifically required herein, notice of the exercise of any right, remedy or constitute a suspension power granted to Lender by this Agreement or any variation other Loan Document is not required to be given. Lender shall be entitled to enforce payment of the Loan and any other amount payable under the Loan Documents and performance of this Agreement and the other Loan Documents and to exercise all rights and remedies under this Agreement or the other Loan Documents or otherwise at law or in equity, notwithstanding that some or all of the indebtedness secured thereby may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement, shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Agreement, the Mortgage, and any other security now or hereafter held by Lender hereunder, under any of the other Loan Documents or otherwise in such right or remedy. * * * * * This DEED has been duly executed order and delivered manner as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONAL, INC. ) acting by Lender may determine in its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinksabsolute discretion.

Appears in 1 contract

Samples: Loan Agreement (First Potomac Realty Trust)

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Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative(a) Each right, may be exercised as often as power and remedy herein conferred upon Lender herein or in any of the Seller consider appropriate other Loan Documents is cumulative and are in addition to the Seller's rights under general lawevery other right, power or remedy, express or implied, now or hereafter provided by law or in equity, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised, concurrently or independently, from time to time as often and in such order as may be deemed expedient to Lender. The Seller's rights under this Guarantee exercise of one right, power or remedy shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its the right to exercise at the same time or thereafter any subsequent time other right, power or remedy, and no single delay or partial exercise omission of any such right or remedy shall preclude any other or further exercise of it or Lender in the exercise of any other right right, power or remedy and no accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any Default or acquiescence therein. No act of Lender shall be construed as an election to proceed under any provision herein or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude other Loan Document to the Seller from exercising exclusion of any such right or other provision herein. Except as otherwise specifically required herein, notice of the exercise of any right, remedy or constitute a suspension power granted to Lender by this Agreement or any variation other Loan Document is not required to be given. Lender shall be entitled to enforce payment of the Loan and any other amount payable under the Loan Documents, and performance of this Agreement and the other Loan Documents, and to exercise all rights and remedies under this Agreement or the other Loan Documents or otherwise at law or in equity, notwithstanding that some or all of the indebtedness secured thereby may now or hereafter be otherwise secured, whether by security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Agreement and any other security now or hereafter held by Lender hereunder, under any of the other Loan Documents or otherwise, in such right or remedy. * * * * * This DEED has been duly executed order and delivered manner as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONAL, INC. ) acting by Lender may determine in its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinksabsolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Cedar Income Fund LTD /Md/)

Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative(a) Each right, may be exercised as often as power and remedy herein conferred upon Lender herein or in any of the Seller consider appropriate other Loan Documents is cumulative and are in addition to the Seller's rights under general lawevery other right, power or remedy, express or implied, now or hereafter provided by law or in equity, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised, concurrently or independently, from time to time as often and in such order as may be deemed expedient to Lender. The Seller's rights under this Guarantee exercise of one right, power or remedy shall not be capable of being waived or varied otherwise than by an express waiver or variation in writing; and in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its the right to exercise at the same time or thereafter any subsequent time other right, power or remedy, and no single delay or partial exercise omission of any such right or remedy shall preclude any other or further exercise of it or Lender in the exercise of any other right right, power or remedy and no accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any Default or acquiescence therein. No act of Lender shall be construed as an election to proceed under any provision herein or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude other Loan Document to the Seller from exercising exclusion of any such right or other provision herein. Except as otherwise specifically required herein, notice of the exercise of any right, remedy or constitute a suspension power granted to Lender by this Agreement or any variation other Loan Document is not required to be given. Lender shall be entitled to enforce payment of the Loan and any other amount payable under the Loan Documents, and performance of this Agreement and the other Loan Documents, and to exercise all rights and remedies under this Agreement or the other Loan Documents or otherwise at law or in equity, notwithstanding that some or all of the indebtedness secured thereby may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Agreement, the Mortgage, and any other security now or hereafter held by Lender hereunder, under any of the other Loan Documents or otherwise, in such right or remedy. * * * * * This DEED has been duly executed order and delivered manner as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONAL, INC. ) acting by Lender may determine in its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinksabsolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Cedar Income Fund LTD /Md/)

Rights Cumulative; Waivers. The Seller's rights under this Guarantee are cumulative(a) Each right, may be exercised as often as power and remedy conferred upon Lender herein or in any of the Seller consider appropriate other Loan Documents is cumulative and are in addition to the Seller's rights under general lawevery other right, power or remedy, express or implied, now or hereafter provided by law or in equity, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised, concurrently or independently, from time to time as often and in such order as may be deemed expedient to Lender. The Seller's rights under this Guarantee exercise of one right, power or remedy shall not be capable a waiver of being waived the right to exercise at the same time or varied otherwise than by an express waiver thereafter any other right, power or variation in writingremedy; and no delay or omission of Lender in particular no failure or delay by the Seller in exercising any right or remedy provided by law under or pursuant to this Guarantee shall impair such rights or remedy or operate or be construed as a waiver or variation of it or precluded its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right right, power or remedy accruing hereunder or arising otherwise shall impair any such right, power or remedy, or be construed to be a waiver of any Default or acquiescence therein. Enumeration of special rights or powers herein, in the Mortgage or in the other Loan Documents shall not be construed to limit any grant of general rights or powers herein, in the Mortgage or in the other Loan Documents or to limit Lender's exercise of any and no all rights granted under the laws of the State of New York, the state where the Premises are located or the United States of America. No act of Lender shall be construed as an election to proceed under any provision herein or course of conduct or negotiation by the Seller or on the Seller's behalf shall in any way preclude other Loan Document to the Seller from exercising exclusion of any such right other provision herein or in any other Loan Document. Except as otherwise specifically required herein, notice of the exercise of any right, remedy or constitute a suspension power granted to Lender by this Agreement or any variation other Loan Document is not required to be given. Lender shall be entitled to enforce payment of the Loan and any other amount payable under the Loan Documents, and performance of this Agreement and the other Loan Documents, and to exercise all rights and remedies under this Agreement or the other Loan Documents or otherwise at law or in equity, notwithstanding that some or all of the indebtedness secured thereby may now or hereafter be otherwise secured, whether by mortgage, security agreement, pledge, lien, assignment or otherwise. Neither the acceptance of this Agreement nor its enforcement shall prejudice or in any manner affect Lender's right to realize upon or enforce any other security now or hereafter held by Lender, it being agreed that Lender shall be entitled to enforce this Agreement, the Mortgage and any other security now or hereafter held by Lender hereunder, under any of the other Loan Documents or otherwise, in such right order and manner as Lender may determine in its absolute discretion. (b) Lender may, by written notice to Borrower, at any time and from time to time, waive in whole or remedy. * * * * * This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by LIBERTY MEDIA ) INTERNATIONALin part, INC. ) acting by its duly authorised signatory: ) Xxxx Xxxxx, Chief Executive Officer and Director ) /s/ XXXX XXXXX in the presence of:- Signature of witness: /s/ TON TUITJEN Name of witness: Ton Tuitjen Address: Occupation: This DEED has been duly executed and delivered as a Deed on the date written above. EXECUTED AND DELIVERED ) As a DEED by GLACIER HOLDINGS SCA ) acting by its General Partner and Manager, ) GLACIER HOLDINGS GP SA, acting ) by its duly authorised signatory: ) Xxxxx Xxxxxx, Director ) /s/ XXXXX XXXXXX in the presence of:- Signature of witness: /s/ XXXXXXX XXXXXXX Name of witness: Xxxxxxx Xxxxxxx Address: 00 Xxxxxxx Xxxxxxxx London, U.K. Occupation: 8 QuickLinksand

Appears in 1 contract

Samples: Loan Agreement (Mark Centers Trust)

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