WAIVERS, MODIFICATIONS, REMEDIES. No failure or delay by a Party to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent on a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated (unless as otherwise provided hereunder) except by an instrument in writing signed by the Party against whom the enforcement of the change, waiver, or termination is sought. No waiver of any breach shall affect or alter this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity.
Appears in 14 contracts
Samples: Operating Agreement, Golf Course Operating Agreement, Convention Center Operating Agreement
WAIVERS, MODIFICATIONS, REMEDIES. No failure or delay by a Party to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent on a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. Neither this Agreement nor any of its terms may be changed or modifiedchanged, waived, discharged, or terminated (unless as otherwise provided hereunder) except by an instrument in writing signed by the Party against whom the enforcement of the change, waiver, discharge, or termination is sought. No waiver of any breach shall affect or alter this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity.
Appears in 3 contracts
Samples: Hotel Management Agreement, Hotel Management Agreement (Behringer Harvard Opportunity REIT I, Inc.), Operating Agreement (Club Regina Resorts Inc)
WAIVERS, MODIFICATIONS, REMEDIES. No failure or delay by a Party party to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent on a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. Neither this Agreement nor any of its terms may be changed or modifiedchanged, waived, discharged or terminated (unless as otherwise provided hereunder) except by an instrument in writing signed by the Party party against whom the enforcement of the change, waiver, discharge, or termination is sought. No waiver of any breach shall affect or alter this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and not exclusive of the remedies provided by law or in equity.
Appears in 2 contracts
Samples: Management Agreement (Gta-Ib, LLC), Management Agreement (Golf Trust of America Inc)