Waiver. No waiver by any Party of any of the provisions of this Merchant TC shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Merchant TC, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Merchant TC shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Waiver. The failure of SMVN at any time to require full performance by Customer shall not affect the right of SMVN to enforce the same. The waiver by SMVN of any breach of any provision hereof shall not be construed as a waiver of any succeeding breach of any provision or waiver of the provision itself.
Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
Waiver. Time shall be the essence of these Terms and Conditions but no failure to exercise and no delay in exercising any right power privilege or remedy on the part of the Bank shall operate as a waiver thereof, nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise thereof or the exercise of any other right power privilege or remedy. The right and remedies herein provided are cumulative and not exclusive of any right or remedy provided by law.