Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 526 contracts
Samples: Advisory Agreement (Apollo Realty Income Solutions, Inc.), Management Agreement (Fortress Net Lease REIT), Advisory Agreement (Starwood Real Estate Income Trust, Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 91 contracts
Samples: Collateral Management Agreement (Blue Owl Capital Corp), Collateral Management Agreement (MSD Investment Corp.), Collateral Management Agreement (Blue Owl Credit Income Corp.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege privilege, with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 80 contracts
Samples: Servicing Agreement (Wells Fargo Asset Securities Corp), Administration Agreement (Wells Fargo Student Loans Receivables I LLC), Servicing Agreement (Wells Fargo Student Loans Receivables I LLC)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Advisory Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 35 contracts
Samples: Advisory Agreement, Advisory Agreement (Griffin Capital Essential Asset REIT, Inc.), Advisory Agreement (Strategic Student & Senior Housing Trust, Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party hereto to exercise any right, remedy, power or privilege under this Custodial Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 31 contracts
Samples: Custodial Agreement (Sequoia Mortgage Trust 2013-8), Custodial Agreement (Sequoia Mortgage Trust 2013-8), Custodial Agreement (Sequoia Mortgage Trust 2013-7)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party Party asserted to have granted such waiver.
Appears in 23 contracts
Samples: Transition Services Agreement (New Residential Investment Corp.), Internalization Agreement (New Residential Investment Corp.), Termination Agreement (Gannett Co., Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of or any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.. *** Signature Page Follows ***
Appears in 19 contracts
Samples: Investment Advisory Agreement (Investment Managers Series Trust II), Investment Advisory Agreement (Investment Managers Series Trust II), Investment Advisory Agreement (Investment Managers Series Trust II)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of or any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 17 contracts
Samples: Investment Advisory Agreement (Aberdeen Income Credit Strategies Fund), Sub Advisory Agreement (Barings Funds Trust), Sub Advisory Agreement (Barings Funds Trust)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 16 contracts
Samples: Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Brownshire Holdings, Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 9 contracts
Samples: Registration Agreement (Us Dataworks Inc), Registration Agreement (Us Dataworks Inc), Registration Agreement (Us Dataworks Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 9 contracts
Samples: Management Agreement (New York Mortgage Trust Inc), Management Agreement (New York Mortgage Trust Inc), Management Agreement (Hatteras Financial Corp)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 8 contracts
Samples: Registration Agreement (Action Performance Companies Inc), Registration Agreement (Action Performance Companies Inc), Stock Rights Agreement (Interland Inc /Mn/)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party parties asserted to have granted such waiver.
Appears in 8 contracts
Samples: Custodial Agreement (Oakwood Homes Corp), Custodial Agreement (Oakwood Homes Corp), Custody Agreement (Rock Financial Corp/Mi/)
Indulgences, Not Waivers. Neither the failure nor any delay on ------------------------ the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 5 contracts
Samples: Form of Management Agreement (Imperial Credit Commercial Mortgage Investment Corp), Form of Management Agreement (Imperial Credit Commercial Mortgage Investment Corp), Form of Management Agreement (Imperial Credit Commercial Mortgage Investment Corp)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. The rights and remedies of the parties provided herein are cumulative and are in addition to, and not exclusive of, any rights, remedies, powers or privileges provided by law.
Appears in 5 contracts
Samples: Warehousing Agreement (Taberna Realty Finance Trust), Reoc Warehouse Agreement (Taberna Realty Finance Trust), Warehouse Agreement (Taberna Realty Finance Trust)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 4 contracts
Samples: Management Agreement (Anworth Mortgage Asset Corp), Management Agreement (Thornburg Mortgage Inc), Management Agreement (Belvedere Trust Mortgage CORP)
Indulgences, Not Waivers. Neither the failure nor any delay ------------------------ on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 4 contracts
Samples: Management Agreement (Wilshire Real Estate Investment Trust Inc), Management Agreement (Wilshire Financial Services Group Inc), Mortgage Investments Sub Management Agreement (FBR Asset Investment Corp/Va)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 4 contracts
Samples: Merger Agreement (Onesource Technologies Inc), Merger Agreement (Onesource Technologies Inc), Consent and Agreement (Phoenix Restaurant Group Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party hereto to exercise any right, remedy, power or privilege under this Custody Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party parties asserted to have granted such waiver.
Appears in 3 contracts
Samples: Custody Agreement (Horton D R Inc /De/), Custody Agreement (MDC Holdings Inc), Custody Agreement (Horton D R Inc /De/)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedypower, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such rightrights, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 3 contracts
Samples: Employment Agreement (Onesource Technologies Inc), Independent Contractor Agreement (Onesource Technologies Inc), Employment Agreement (Onesource Technologies Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of of, or estoppel with respect to, such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party Party asserted to have granted such waiver.
Appears in 3 contracts
Samples: Termination and Cooperation Agreement (New Senior Investment Group Inc.), Form of Transition Services Agreement (Virgin Trains USA LLC), Transition Services Agreement (New Senior Investment Group Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedypower, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 3 contracts
Samples: Employment Agreement (Onesource Technologies Inc), Employment Agreement (Onesource Technologies Inc), Employment Agreement (Onesource Technologies Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party the Lender to exercise any right, remedy, power or privilege hereunder or under this Agreement any instruments, documents or agreements evidencing or relating to the Superior Debt shall operate as a waiver thereofthereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No consent or waiver by a party hereunder shall be effective unless it is in writing and is signed by the party asserted making such consent or waiver, and then only to have granted the extent specifically stated in such waiverwriting.
Appears in 3 contracts
Samples: Debt Subordination Agreement (Argan Inc), Debt Subordination Agreement (Argan Inc), Debt Subordination Agreement (Argan Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. Section 27.
Appears in 3 contracts
Samples: Collateral Management Agreement (Nuveen Churchill Direct Lending Corp.), Collateral Management Agreement (Nuveen Churchill Direct Lending Corp.), Collateral Management Agreement
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 3 contracts
Samples: Stockholders Voting Agreement (Infinity Resources Holdings Corp.), Agreement (Skyepharma PLC), Stock Purchase Agreement (Kreloff Shawn)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Mastec Inc), Asset Purchase Agreement (Mastec Inc), Asset Purchase Agreement (Mastec Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 2 contracts
Samples: Stockholder Agreement (U Haul International Inc), Stockholder Agreement (Amerco /Nv/)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or of privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 2 contracts
Samples: Termination, Severance and Release Agreement (Publicard Inc), Separation and Release Agreement (Vitaminshoppe Com Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver, and no waiver shall be granted hereunder prior to the Closing Date without the prior written consent of the Investors.
Appears in 2 contracts
Samples: Contribution Agreement (RXi Pharmaceuticals Corp), Contribution Agreement (Galena Biopharma, Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power power, or privilege under this Advisory Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 2 contracts
Samples: Advisory Agreement (Strategic Storage Trust VI, Inc.), Advisory Agreement (Strategic Storage Trust VI, Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.. 34
Appears in 1 contract
Samples: Collateral Management Agreement (Golub Capital BDC, Inc.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Management Agreement (Ibf Vi Guaranteed Income Fund)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Distribution Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a a. party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party party-asserted to have granted such waiver.
Appears in 1 contract
Samples: Restated Advisory Agreement (Arc Corporate Realty Trust Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on ------------------------ the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Advisory Agreement shall operate as a waiver thereofof such right, remedy, power or privilege, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Form of Advisory Agreement (Alanar Real Estate Investment Trust Series 1 Corp)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power 27 power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party Party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party to asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of of, or estoppel with respect to, such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Advisery Agreement shall operate as a waiver thereofof such right, remedy, power or privilege, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Form of Advisory Agreement (Alanar Real Estate Investment Trust Series 1 Corp)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Separation and Release Agreement (Vitaminshoppe Com Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a any party to exercise any right, remedy, power power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Securities Purchase Agreement (Infinity Resources Holdings Corp.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party the Lender to exercise any right, remedy, power or privilege under this Agreement hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and is signed by the party asserted to have granted making such waiver, and then only to the extent specifically stated in such writing.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor not any delay on the part party of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a either party hereto to exercise any right, remedy, power or privilege under this Agreement shall operate 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 of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Investment Advisory Agreement (American Capital Senior Floating, Ltd.)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate 31 as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Asset Conveyance Agreement (Main Street & Main Inc)
Indulgences, Not Waivers. Neither the failure nor any delay ------------------------- on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Management Agreement (Thornburg Mortgage Asset Corp)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of or any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. SECTION 22.
Appears in 1 contract
Samples: Version Investment Advisory Agreement (Aberdeen Income Credit Strategies Fund)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any nay single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any such right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Advisory Agreement (Wells Mid-Horizon Value-Added Fund I LLC)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of ------------------------ a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. Time is of the essence of this Agreement.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part ------------------------- of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the ------------------------ part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, -19- remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Supply Agreement (Cerprobe Corp)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party Lender to exercise any right, remedy, power or privilege hereunder or under this Agreement any instruments, documents or agreements evidencing or relating to the Superior Debt shall operate as a waiver thereofthereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No consent or waiver by a party hereunder shall be effective unless it is in writing and is signed by the party asserted making such consent or waiver, and then only to have granted the extent specifically stated in such waiverwriting.
Appears in 1 contract
Samples: Debt Subordination and Intercreditor Agreement (Dove Entertainment Inc)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power power, or privilege, nor shall any waiver of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Registration Rights Agreement (Quest Resource Holding Corp)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. SECTION 23.
Appears in 1 contract
Samples: Management and Advisory Agreement (Northstar Capital Investment Corp /Md/)
Indulgences, Not Waivers. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Sub-Advisory Agreement shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Sub Advisory Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Indulgences, Not Waivers. Indulgences, Not Waivers Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
Appears in 1 contract
Samples: Advisory Agreement (Steadfast Apartment REIT III, Inc.)
