Waiver and Cumulative Rights. No failure or delay by either party to exercise any right, power, privilege or remedy under this Agreement shall operate as a waiver. All such rights, powers, privileges and remedies are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available at law or in equity.
Waiver and Cumulative Rights. No failure or delay on the part of the Lender in exercising any right, power or remedy accruing to them upon any breach or default of the Borrower under this Agreement shall impair any such right, power or remedy nor shall it be construed as a waiver of any breach or default thereafter occurring, nor shall a waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder. Any waiver, permit, consent or approval of any kind or character on the part of the Lender of any breach of any provision or condition of this Agreement must be in writing and shall be effective only to the extent such writing specifically sets forth. All remedies afforded the Lender under this Agreement by law or otherwise shall be cumulative and not alternative. No notice to or demand on the Borrower in any case shall entitle it to any other or further notice or demand in similar or other circumstances.
Waiver and Cumulative Rights. 9.4.1. The rights provided by the Agreement may be waived in writing only by the relevant Party in a manner that expressly indicates that a waiver is intended, and such waiver is only to apply to the specific circumstances referred to. Any failure to exercise or any delay in exercising a right by either Party will not constitute a waiver of that right or of any other rights.
Waiver and Cumulative Rights. No waiver of any breach of this Lease by Xxxxxx shall be considered to be a waiver of any other or subsequent breach. All rights and remedies of Lessor herein provided or allowed by law shall be cumulative. Either Party may terminate this lease for convenience upon sixty days’ written notice, in addition to the default provisions described in paragraph 7.
Waiver and Cumulative Rights. The failure or delay of Bank to require performance by Customer of any provision of this Agreement shall not affect the right of Bank to require performance of such provision, unless such performance has been waived in writing by Bank. All rights granted to Bank hereunder or allowed to Bank by law or in equity shall be cumulative and may be exercised in part or in whole from time to time.
Waiver and Cumulative Rights. Either party’s failure to exercise any of its rights under this Agreement, its delay in enforcing any right, or its waiver of its rights on any occasion, will not constitute a waiver of such rights on any other occasion. No course of dealing by either party in exercising any of its rights will constitute a waiver thereof. No waiver of any term of this Agreement will be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. Any rights and remedies of the parties are cumulative, not alternative.
Waiver and Cumulative Rights. 26.1 The liability of the Merchant hereunder shall not be impaired or discharged by reason of any time or grace or other indulgence being granted by or with the consent of the Relevant NETS Entity or any forbearance by the Relevant NETS Entity to insist upon its strict rights hereunder. No right under this Commercial Agreement shall be deemed to have been waived except in writing signed by the parties hereto and waiver of any particular right in a particular instance shall not constitute or be deemed a waiver of any other right.
Waiver and Cumulative Rights. 2.18.1 The failure of either party to insist upon strict performance of any provision of this Contract, or the failure of either party to exercise any right or remedy to which it is entitled hereunder, shall not constitute a waiver thereof and shall not cause a diminution of the obligations established by this Contract.
Waiver and Cumulative Rights. 6.1 No failure or delay on the part of PHILPOST in exercising any right, power or remedy accruing to it upon any breach or default of the PARTY under this Agreement and other collateral documents thereto implementing this MOA shall impair any such right, power or remedy nor shall it be construed as a waiver of any such breach, or default thereafter occurring nor shall a single or partial exercise or any such right or power precludes any other right or power hereunder.
Waiver and Cumulative Rights. The failure or delay of Fund Lender to require performance by Fund Borrower of any provision of this Fund Loan Agreement or any other Fund Loan Document to which Fund Borrower is a party shall not affect the right of Fund Lender to require performance of such provision, unless such performance has been waived in writing by Fund Lender. No waiver of any Default or Event of Default shall constitute a waiver of any other Default or Event of Default. All rights granted to Fund Lender hereunder or allowed to Fund Lender by law or in equity shall be cumulative and may be exercised in part or in whole from time to time.
