Rights, Remedies, etc. are Cumulative. The rights, remedies, and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 24 contracts
Samples: Distribution and Service Agreement (Guardian Separate Acct N of the Guardian Ins & Annuity Co), Distribution and Service Agreement (Guardian Separate Account E), Distribution and Service Agreement (Guardian Separate Account Q of the Guard Ins & Ann Co Inc)
Rights, Remedies, etc. are Cumulative. ARE CUMULATIVE The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 9 contracts
Samples: Distribution Agreement (Price T Rowe Var an Acct of Fir Sec Ben Lif Ins&ann Co of Ny), Distribution Agreement (Price T Rowe Variable Annuity Account), Distribution Agreement (Variable Annuity Account A)
Rights, Remedies, etc. are CumulativeARE CUMULATIVE. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either a party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 8 contracts
Samples: Master Agreement (Price T Rowe Var an Acct of Fir Sec Ben Lif Ins&ann Co of Ny), Master Agreement (Price T Rowe Variable Annuity Account), Master Agreement (Price T Rowe Var an Acct of Fir Sec Ben Lif Ins&ann Co of Ny)
Rights, Remedies, etc. are Cumulative. ARE CUMULATIVE The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or nor shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 7 contracts
Samples: Selling Agreement (Cova Variable Annuity Account One), Selling Agreement (Cova Variable Life Account Five), Selling Agreement (Cova Variable Life Account One)
Rights, Remedies, etc. are Cumulative. Are Cumulative The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or nor shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 6 contracts
Samples: Selling Agreement (Bma Variable Life Account A), Selling Agreement (Bma Variable Life Account A), Selling Agreement (Bma Variable Annuity Account A)
Rights, Remedies, etc. are Cumulative. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 5 contracts
Samples: Underwriting Agreement (Equitrust Life Variable Account Ii), Underwriting Agreement (Southern Farm Bureau Life Variable Account), Underwriting Agreement (Equitrust Life Annuity Account Ii)
Rights, Remedies, etc. are CumulativeARE CUMULATIVE. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 5 contracts
Samples: Distribution Agreement (Country Investors Variable Life Account), Distribution Agreement (Country Investors Variable Annuity Account), Marketing and Selling Agreement (Sage Variable Annuity Account A)
Rights, Remedies, etc. are CumulativeARE CUMULATIVE. The rights, remedies, and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 5 contracts
Samples: Principal Underwriting Agreement (Metropolitan Life Separate Account E), Principal Underwriting Agreement (General American Separate Account Eleven), Principal Underwriting Agreement (Metropolitan Life Separate Account E)
Rights, Remedies, etc. are Cumulative. Cumulative The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or nor shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 3 contracts
Samples: Principal Underwriter (Retiremap Variable Account), Selling Agreement (Cova Variable Life Account Five), Selling Agreement (Cova Variable Life Account Five)
Rights, Remedies, etc. are Cumulative. Cumulative The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Distribution Agreement (Annuity Investors Variable Account A), Distribution Agreement (Galic of New York Separate Account I)
Rights, Remedies, etc. are Cumulative. Cumulative The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either any party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Co Principal Underwriters' Agreement (Bma Variable Life Account A), Principal Underwriters' Agreement (Bma Variable Life Account A)
Rights, Remedies, etc. are CumulativeARE CUMULATIVE. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto to this Agreement are entitled to under state and federal laws. Failure of either one party to insist upon strict compliance by an other party with any of the conditions of this Agreement in any one instance shall not be construed as a waiver of any of the conditionsconditions for any subsequent instance, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Wholesaling Agreement (Lincoln New York Account N for Variable Annuities), Wholesaling Agreement (Lincoln New York Account N for Variable Annuities)
Rights, Remedies, etc. are CumulativeARE CUMULATIVE. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Underwriting Agreement (American Equity Life Annuity Account), Underwriting Agreement (American Equity Life Variable Account)
Rights, Remedies, etc. are Cumulative. ; No Waivers The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties Parties hereto are entitled to under state and federal laws. Failure of either party any Party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions terms of this Agreement shall be deemed, or shall constitute, a waiver of any of the other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. Any waiver, including a waiver of this section, must be in writing and signed by the parties hereto.
Appears in 1 contract
Samples: Marketing and Selling Agreement (Sage Variable Annuity Account A)
Rights, Remedies, etc. are Cumulative. ARE CUMULATIVE The rights, remedies, and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, and obligations, at law or in equity, which the parties hereto Parties are entitled to under state and federal laws. Failure of either party Party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Distribution Agreement (Commonwealth Sel Acct of Commonwealth Annuity & Life Insurance Co)
Rights, Remedies, etc. are Cumulative. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either a party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Sales Agreement (First Symetra National Life Insurance Co of Ny Sep Acct S)
Rights, Remedies, etc. are Cumulative. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto to this Agreement are entitled to under state and federal laws. Failure of either one party to insist upon strict compliance by an other party with any of the conditions of this Agreement in any one instance shall not be construed as a waiver of any of the conditionsconditions for any subsequent instance, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Wholesaling Agreement (Lincoln New York Account N for Variable Annuities)
Rights, Remedies, etc. are Cumulative. ARE CUMULATIVE -------------------------------------- The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Distribution Agreement (Nationwide Multi Flex Variable Account)
Rights, Remedies, etc. are Cumulative. ARE CUMULATIVE ------------------------------------- The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto are entitled to under state and federal laws. Failure of either party to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Distribution Agreement (Annuity Investors Variable Account B)
Rights, Remedies, etc. are Cumulative. The rights, remedies, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies, remedies and obligations, at law or in equity, which the parties hereto to this Agreement are entitled to under state and federal laws. Failure of either party the Distributor or Distributor Agency Affiliates, as one party, or the Company or Underwriter, as another party, to insist upon strict compliance by the other party with any of the conditions of this Agreement shall not be construed as a waiver of any of the conditions, but the same shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
Appears in 1 contract
Samples: Wholesaling Agreement (Separate Account Va-P of Allmerica Fin Life Insur & Annu Co)
