Common use of Nonexclusive Nature of Remedies Clause in Contracts

Nonexclusive Nature of Remedies. Failure by the Trustee to exercise any right, remedy or option under this Agreement, the Guaranty, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Trustee in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Trustee shall only be granted as provided herein. To the extent permitted by Law, neither the Trustee, nor any party acting as attorney for the Trustee, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment. The rights and remedies of the Trustee under this Agreement shall be cumulative and not exclusive of any other right or remedy that the Trustee may have.

Appears in 1 contract

Samples: Guaranty Agreement (Medley Capital Corp)

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Nonexclusive Nature of Remedies. Failure by the Trustee Lender to exercise any right, remedy or option under this Agreement, the Guarantyany other Loan Document, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Trustee Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Trustee Lender shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Trustee, Lender nor any party acting as attorney for the Trustee, Lender shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction by final and non-appealable judgmentjurisdiction. The rights and remedies of the Trustee Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy that which the Trustee Lender may have.. (h)

Appears in 1 contract

Samples: Active 696107325v8 Security and Pledge Agreement (Lifevantage Corp)

Nonexclusive Nature of Remedies. Failure by the Trustee to exercise any right, remedy or option under this Agreement, the Guaranty, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Trustee in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver xxxxxx is sought to be enforced and then only to the extent specifically stated, which in the case of the Trustee shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Trustee, nor any party acting as attorney for the Trustee, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment. The rights and remedies of the Trustee under this Agreement shall be cumulative and not exclusive of any other right or remedy that the Trustee may have.

Appears in 1 contract

Samples: Guaranty Agreement

Nonexclusive Nature of Remedies. Failure by the Trustee Lender to exercise any right, remedy or option under this Agreement, the Guarantyany other Loan Document, any other document relating to the Secured Obligations, or as provided by Lawapplicable law, or any delay by the Trustee Lender in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Trustee Lender shall only be granted as provided herein. To the extent permitted by Lawapplicable law, neither the TrusteeLender, nor any party acting as attorney for the TrusteeLender, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, hereunder as determined by a final non-appealable judgment of a court of competent jurisdiction by final and non-appealable judgmentjurisdiction. The rights and remedies of the Trustee Lender under this Agreement shall be cumulative and not exclusive of any other right or remedy that which the Trustee Lender may have.

Appears in 1 contract

Samples: Security Agreement (BBX Capital, Inc.)

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Nonexclusive Nature of Remedies. Failure by the Trustee to exercise any right, remedy or option under this Agreement, the Guaranty, any other document relating to the Secured Obligations, or as provided by Law, or any delay by the Trustee in exercising the same, shall not operate as a waiver of any such right, remedy or option. No waiver hereunder shall be effective unless it is in writing, signed by the party against whom such waiver is sought to be enforced and then only to the extent specifically stated, which in the case of the Trustee shall only be granted as provided herein. To the extent permitted by LawXxx, neither the Trustee, nor any party acting as attorney for the Trustee, shall be liable hereunder for any acts or omissions or for any error of judgment or mistake of fact or law other than their gross negligence or willful misconduct hereunder, as determined by a court of competent jurisdiction by final and non-appealable judgment. The rights and remedies of the Trustee under this Agreement shall be cumulative and not exclusive of any other right or remedy that the Trustee may have.

Appears in 1 contract

Samples: Guaranty Agreement

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