Cumulative Remedies/Waiver. The remedies contained herein are cumulative and in addition to any other remedies at law or equity. Xxxxx's failure to enforce, or waiver of a breach of, any provision of this Purchase Order shall not constitute a waiver of any other breach or of such provision.
Cumulative Remedies/Waiver. All rights, powers and remedies given to CM are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of CM to exercise any power or right under this Agreement shall constitute a waiver of such power or right. Waiver by CM can be effective only in writing by an authorized officer of CM.
Cumulative Remedies/Waiver. The rights and remedies of the Parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any Party in exercising any right under this Agreement or the documents referred to in this Agreement shall operate as a waiver of such right, and no single or partial exercise of any such right will preclude any other or further exercise of such right or the exercise of any other right. Except as expressly set forth below in Section 11.12, no claim or right arising under this Agreement can be discharged by one Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other Party or Parties. No waiver that may be given by a Party shall be applicable except in the specific instance for which it is given. No notice to or demand on one Party will be deemed to be a waiver of any obligation of such Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Cumulative Remedies/Waiver. All rights, powers and remedies given to Silver Icing are cumulative, non- exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of Silver Icing to exercise any power or right under this Agreement or to insist upon strict compliance by me with any obligation or provision shall constitute a waiver of Silver Icing’s right to demand exact compliance therewith. Waiver by Silver Icing may be effective only in writing by an authorized officer or director of Silver Icing.
Cumulative Remedies/Waiver. Any specific right or remedy set forth in this Agreement is not exclusive but is cumulative upon all other remedies available to the aggrieved Party under this Agreement or by law. The failure of a Party to enforce any of the provisions of this Agreement or to seek a remedy shall not constitute a waiver of any of its rights under this Agreement, nor a waiver or election of remedies.
Cumulative Remedies/Waiver. 9.01 Every term, condition, agreement or provision contained in this Lease will also be deemed to be a covenant.
Cumulative Remedies/Waiver. The enumeration herein of specific remedies shall not be exclusive of any other remedies. Subject to Section 18.I (Timely Exercise of Termination Rights), the waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement.
Cumulative Remedies/Waiver. No remedy conferred upon or reserved to the Authority or the Trustee hereunder is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default, omission or failure of performance hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised, from time to time, and as often as may be deemed expedient. In order to entitle the Authority and/or the Trustee to exercise any remedy reserved in this Guaranty, it shall not be necessary to give any notice, other than such notice as herein expressly may be required. In the event any provision contained in this Guaranty should be breached by any party and thereafter duly waived by the other party so empowered to act, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. No waiver, amendment, release or modification hereof shall be established by conduct, custom or course of dealing, but shall be established solely by an instrument, in writing, duly executed by the appropriate parties and by the Bond Insurer. Notwithstanding any other provision hereof to the contrary, no recourse shall be had for the payment of the principal of, premium, if any, or interest on the Bonds, or for any claim based hereon or on the Ordinance of the City authorizing and approving the execution and delivery of this Guaranty, against any member, officer or employee, past, present or future, of the City or of any successor body, as such, either directly or through the City or any such successor body, under any constitutional provision, statute or rule of law, or by the enforcement of any assessment or by any legal or equitable proceeding or otherwise, and all such liability of such members, officers or employees is released as a condition of and as consideration for the issuance of this Guaranty.
Cumulative Remedies/Waiver. All rights, powers, and remedies given to either party are cumulative, not exclusive, and in addition to any and all other rights and remedies provided by law. No failure or delay of either party to exercise any power or right under this Agreement or to insist upon strict compliance by me with any obligation or provision shall constitute a waiver of such party’s right to demand exact compliance therewith. A waiver by BOXT can be effective only in writing by an authorized officer of BOXT.
Cumulative Remedies/Waiver. All rights, powers and remedies given to I Dress Myself are cumulative, non- exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of I Dress Myself to exercise any power or right under this Agreement or to insist upon strict compliance by me with any obligation or provision shall constitute a waiver of I Dress Myself’s right to demand exact compliance therewith. Waiver by I Dress Myself may be effective only in writing by an authorized officer or director of I Dress Myself.
