Common use of REMEDIES; NO WAIVER Clause in Contracts

REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any further exercise of it or the exercise of any other remedy.

Appears in 6 contracts

Samples: Registration Rights Agreement (Rw Holdings NNN Reit, Inc.), Registration Rights Agreement (SmartStop Self Storage REIT, Inc.), Registration Rights Agreement (Griffin Capital Essential Asset REIT, Inc.)

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REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a12(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any further exercise of it or the exercise of any other remedy.

Appears in 3 contracts

Samples: Registration Rights Agreement (Griffin-American Healthcare REIT III, Inc.), Investor Rights Agreement (Resource Real Estate Opportunity REIT, Inc.), Registration Rights Agreement (Steadfast Apartment REIT, Inc.)

REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a13(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any further exercise of it or the exercise of any other remedy.. (k)

Appears in 2 contracts

Samples: Registration Rights Agreement (NorthStar Healthcare Income, Inc.), Membership Interest Purchase Agreement (American Healthcare REIT, Inc.)

REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will shall be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will shall preclude any further exercise of it or the exercise of any other remedy.

Appears in 2 contracts

Samples: Registration Rights Agreement (Parking REIT, Inc.), Registration Rights Agreement (Parking REIT, Inc.)

REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will shall be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a13(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will shall preclude any further exercise of it or the exercise of any other remedy.

Appears in 2 contracts

Samples: Stockholders Agreement (Bluerock Residential Growth REIT, Inc.), Management Agreement (Bluerock Residential Growth REIT, Inc.)

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REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will preclude any further exercise of it or the exercise of any other remedy.. (k)

Appears in 1 contract

Samples: Registration Rights Agreement (Peakstone Realty Trust)

REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will shall be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will shall preclude any further exercise of it or the exercise of any other remedy.

Appears in 1 contract

Samples: Registration Rights Agreement (Parking REIT, Inc.)

REMEDIES; NO WAIVER. Each party acknowledges and agrees that the other parties would be irreparably damaged in the event that the covenants set forth in this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that each party hereto will shall be entitled to seek an injunction to specifically enforce the terms of this Agreement solely in the courts specified in Section 11(a12(a), in addition to any other remedy to which such party may be entitled hereunder, at law or in equity. No failure or delay by a party in exercising any right or remedy provided by law or under this Agreement will shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy will shall preclude any further exercise of it or the exercise of any other remedy.

Appears in 1 contract

Samples: Registration Rights Agreement (Mobile Infrastructure Corp)

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