Common use of No Waiver; Remedies and Severability Clause in Contracts

No Waiver; Remedies and Severability. No failure on the part of the Insurer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer to pursue any other remedy available to it. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 6 contracts

Samples: Financial Guaranty Agreement (Ing Series Fund Inc), Financial Guaranty Agreement (Ing Equity Trust), Financial Guaranty Agreement (Aetna Series Fund Inc)

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No Waiver; Remedies and Severability. No failure on the part of the Insurer any party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The Except as otherwise provided in Section 4.1(e), the remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer any party hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer such party to pursue any other remedy available to it. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 5 contracts

Samples: Financial Warranty Agreement (Oppenheimer Principal Protected Trust Ii), Financial Warranty Agreement (Merrill Lynch Principal Protected Trust), Financial Warranty Agreement (Merrill Lynch Principal Protected Trust)

No Waiver; Remedies and Severability. No failure on the part of the Insurer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The Except to the extent provided in Section 5.01 and Section 5.02, the remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer to pursue any other remedy available to it. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 5 contracts

Samples: Financial Guarantee Agreement (Smith Barney Trust Ii), Financial Guarantee Agreement (Smith Barney Trust Ii), Financial Guarantee Agreement (Smith Barney Trust Ii)

No Waiver; Remedies and Severability. No failure on the part of the Insurer any party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The Except as otherwise provided in Sections 4.1(e), the remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer any party hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer such party to pursue any other remedy available to it. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 4 contracts

Samples: Financial Warranty Agreement (DWS Target Fund), Financial Warranty Agreement (DWS Target Fund), Financial Warranty Agreement (DWS Target Fund)

No Waiver; Remedies and Severability. No failure on the part of the Insurer any party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer any party hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer such party to pursue any other remedy available to it. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 2 contracts

Samples: Financial Warranty Agreement (Main Place Funding LLC), Financial Warranty Agreement (Main Place Funding LLC)

No Waiver; Remedies and Severability. 12 16 No failure on the part of the Insurer Surety Provider to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof hereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer Surety Provider hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer Surety Provider to pursue any other remedy available to it. In the event any provision of this Insurance Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Onyx Acceptance Corp)

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No Waiver; Remedies and Severability. No failure on the part of the Insurer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer to pursue any other remedy available to it. In the event any provision of this Insurance Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 1 contract

Samples: Insurance and Reimbursement Agreement (Pooled Auto Securities Shelf LLC)

No Waiver; Remedies and Severability. No failure on the part of the Insurer FGIC to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer FGIC hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer FGIC to pursue any other remedy available to it. In the event any provision of this Insurance Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 1 contract

Samples: Insurance and Reimbursement Agreement (Onyx Acceptance Owner Trust 2005-B)

No Waiver; Remedies and Severability. No failure on the part ------------------------------------ of the Insurer Radian to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. The parties further agree that the holding by any court of competent jurisdiction that any remedy pursued by the Insurer Radian hereunder is unavailable or unenforceable shall not affect in any way the ability of the Insurer Radian to pursue any other remedy available to it. In the event any provision of this Insurance Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties hereto agree that such holding shall not invalidate or render unenforceable any other provision hereof.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)

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