Common use of Delay or Omission Clause in Contracts

Delay or Omission. No delay or omission to exercise any right, power, or remedy accruing under this Lease shall impair such right; power, or remedy, nor shall it be construed as a waiver of or acquiescence in a breach of or default under the lease. BOTH PARTIES SPECIFICALLY AND AFFIRMATIVELY AGREE NOT TO CONSTRUE THE CONDUCT. DELAY, OR OMISSION OF THE OTIHER PARTY AS ALTERING IN ANY WAY THE PARTIES' AGREEMENTS AS DEFINED IN THIS LEASE. Any waiver, permit, or approval of any breach of or default under this Lease must be in writing, and, because the language of this section was negotiated and intended by both Parties to be binding and is not a mere recital, both Parties hereby agree that they will not raise waiver or estoppel as affirmative defenses so as to limit or negate the clear language and intent of this section. All remedies, either under this Lease, by law or otherwise afforded to either Party shall be cumulative, not alternative.

Appears in 3 contracts

Samples: Entire Agreement, Tribes And, www.bia.gov

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Delay or Omission. No delay or omission to exercise any right, power, or remedy accruing under this Lease Agreement shall impair such right; , power, or remedy, nor shall it be construed as to be a waiver of or acquiescence in a breach of or default under the leaseAgreement. BOTH PARTIES SPECIFICALLY AND AFFIRMATIVELY AGREE NOT TO CONSTRUE THE CONDUCT. , DELAY, OR OMISSION OF THE OTIHER OTHER PARTY AS ALTERING IN ANY WAY THE PARTIES' ’ AGREEMENTS AS DEFINED IN THIS LEASEAGREEMENT. Any waiver, permit, or approval of any breach of or default under this Lease Agreement must be in writing, and, because the language of this section paragraph was negotiated and intended by both Parties parties to be binding and is not a mere recital, both Parties parties hereby agree that they will not raise waiver or estoppel as affirmative defenses so as to limit or negate the clear language and intent of this sectionparagraph. All remedies, either under this LeaseAgreement, by law law, or otherwise afforded to either Party party shall be cumulative, not alternative.

Appears in 2 contracts

Samples: Tenant Rental Agreement, Tenant Rental Agreement

Delay or Omission. No delay or omission to exercise any right, power, or remedy accruing under this Lease shall impair such right; , power, or remedy, nor shall it be construed as a waiver of or acquiescence in a breach of or default under the lease. BOTH PARTIES SPECIFICALLY AND AFFIRMATIVELY AGREE NOT TO CONSTRUE THE CONDUCT. , DELAY, OR OMISSION OF THE OTIHER OTHER PARTY AS ALTERING IN ANY WAY THE PARTIES' AGREEMENTS AS DEFINED IN THIS LEASE. Any waiver, permit, or approval of any breach of or default under this Lease must be in writing, and, because the language of this section was negotiated and intended by both Parties to be binding and is not a mere recital, both Parties hereby agree that they will not raise waiver or estoppel estoppels as affirmative defenses so as to limit or negate the clear language and intent of this section. All remedies, either under this Lease, by law or otherwise afforded to either Party shall be cumulative, not alternative.

Appears in 2 contracts

Samples: Model Lease Agreement, Model Lease Agreement

Delay or Omission. No delay or omission to exercise any right, power, or remedy accruing under this Lease Agreement shall impair such right; , power, or remedy, nor shall it be construed as to be a waiver of or acquiescence in a breach of or default under the leasecontract. BOTH PARTIES SPECIFICALLY AND AFFIRMATIVELY AGREE NOT TO CONSTRUE THE CONDUCT. , DELAY, OR OMISSION OF THE OTIHER OTHER PARTY AS ALTERING IN ANY WAY THE PARTIES' ’ AGREEMENTS AS DEFINED IN THIS LEASEMASTER LOAN AGREEMENT. Any waiver, permit, or approval of any breach of or default under this Lease Agreement must be in writing, and, because the language of this section paragraph was negotiated and intended by both Parties parties to be binding and is not a mere recital, both Parties parties hereby agree that they will not raise waiver or estoppel as affirmative defenses so as to limit or negate the clear language and intent of this sectionparagraph. All remedies, either under this LeaseAgreement, by law law, or otherwise afforded to either Party party shall be cumulative, not alternative.

Appears in 2 contracts

Samples: Master Loan Agreement (Lightning Gaming, Inc.), Master Loan Agreement (Lightning Gaming, Inc.)

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Delay or Omission. No delay or omission to exercise any right, power, or remedy accruing under this Lease Agreement shall impair such right; , power, or remedy, nor shall it be construed as to be a waiver of or acquiescence in a breach of or default under the leaseAgreement. BOTH PARTIES SPECIFICALLY AND AFFIRMATIVELY AGREE NOT TO CONSTRUE THE CONDUCT. , DELAY, OR OMISSION OF THE OTIHER OTHER PARTY AS ALTERING IN ANY WAY THE PARTIES' AGREEMENTS AS DEFINED IN THIS LEASETHE AGREEMENT. Any waiver, permit, or approval of any breach of or default under this Lease Agreement must be in writing, and, because the language of this section Section was negotiated and intended by both Parties parties to be binding and is not a mere recital, both Parties parties hereby agree that they will not raise waiver or estoppel as affirmative defenses so as to limit or negate the clear language and intent of this sectionSection. All remedies, either under this LeaseAgreement, by law law, or otherwise afforded to either Party party shall be cumulative, not alternative.

Appears in 1 contract

Samples: Statement of Intent and Confidentiality Agreement (Western Goldfields Inc)

Delay or Omission. No delay or omission to exercise any right, power, or remedy accruing under this Lease Agreement shall impair such right; power, power or remedy, nor shall it be construed as to be a waiver of or acquiescence in a breach of or default under the leaseAgreement. BOTH PARTIES SPECIFICALLY AND AFFIRMATIVELY AGREE NOT TO CONSTRUE THE CONDUCT. , DELAY, OR OMISSION OF THE OTIHER OTHER PARTY AS ALTERING IN ANY WAY THE PARTIES' PARTIES AGREEMENTS AS DEFINED IN THIS LEASEAGREEMENT. Any waiver, permit, or approval of any breach of or default under this Lease Agreement must be in writing, and, because the language of this section Section was negotiated and intended by both Parties parties to be binding and is not a mere recital, both Parties parties hereby agree that they will not raise waiver or estoppel estoppels as affirmative defenses so as to limit or negate the clear language and intent of this sectionSection. All remedies, either under this LeaseAgreement, by law law, or otherwise afforded to either Party party shall be cumulative, not alternative.

Appears in 1 contract

Samples: Miscellaneous Dwelling Unit Construction Services Agreement

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