Common use of No Remedy Exclusive Clause in Contracts

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer 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 Agreement, the Mortgage or any other Loan Document or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11. No delay or omission to exercise any right or power accruing upon any default 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 Issuer to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Document. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee and the Trustee, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default 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 Issuer to exercise any remedy reserved to it the Issuer in this AgreementArticle IX, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Documentin this Article IX. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the TrusteeHolders, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer hereby 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 Agreement, the Mortgage or any other Loan Document hereunder or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer to exercise any remedy reserved to it in this AgreementArticle VIII, it shall not be necessary to give any notice, other than such notice as may be be, herein expressly required or required by any other Loan Documentrequired. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee. The Trustee and the TrusteeOwners, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer to exercise any remedy reserved to it in this AgreementARTICLE IX, it shall not be necessary to give any notice, notice other than such notice as may be herein expressly required or required by any other Loan Documentrequired. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the TrusteeHolders, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer or the Trustee 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default 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 Issuer or the Trustee to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required herein or required by any other Loan Documentapplicable law. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee and as the Trustee, subject to the provisions of Section 8.11 and assignee of the IndentureIssuer. Notwithstanding any other provision hereunder, shall be entitled to the benefit Trustee may proceed first against either the Guarantors or the Company in accordance with the terms of all covenants and agreements herein containedthe Guaranty and/or this Agreement, respectively, as the Trustee may deem appropriate.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer Authority or the Trustee 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default 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 Issuer Authority or the Trustee to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required herein or required by any other Loan Documentapplicable law. Such rights and remedies as are given the Issuer Authority hereunder shall also extend to the Trustee and as the Trustee, subject to the provisions of Section 8.11 and assignee of the IndentureAuthority. Notwithstanding any other provision hereunder, shall be entitled to the benefit Trustee may proceed first against either the Guarantors or the Company in accordance with the terms of all covenants and agreements herein containedthe Guaranty and/or this Agreement, respectively, as the Trustee may deem appropriate.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, law or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11. No delay or omission to exercise any right or power accruing upon any default 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 Issuer to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Documentin this Article. Such rights and remedies as are given to the Issuer hereunder shall also extend to the Trustee Trustee, and the Trustee, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer Issuer, the Credit Provider, if any, or the Trustee 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default 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 Issuer or the Trustee to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required herein or required by any other Loan Documentapplicable law. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee and as the Trustee, subject to the provisions of Section 8.11 and assignee of the IndentureIssuer. Notwithstanding any other provision hereunder, shall be entitled to the benefit Trustee may proceed first against either the Guarantor or the Company in accordance with the terms of all covenants and agreements herein containedthe Guaranty and/or this Agreement, respectively, as the Trustee may deem appropriate.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, notice other than such notice as may be herein expressly required or required by any other Loan Documentrequired. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the TrusteeHolders, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.. Section 9.4

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer or the Trustee 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 Agreement, the Mortgage Agreement or any other Loan Document of the Bond Documents or now or hereafter existing at law, under contract, law or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11. No delay or omission to exercise any right or power accruing upon any default Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer and the Trustee to exercise any remedy reserved to it either of them in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Documentin this Article. Such The rights and remedies as are given the Issuer hereunder shall also extend (other than the right to exercise remedies to collect amounts payable under Sections 4.2(b), 6.2 and 7.4 hereof) and under the Security Documents have been assigned by the Issuer to the Trustee pursuant to the Indenture, and the Trustee and the TrusteeBondholders, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein and therein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer or the Trustee 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default 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 Issuer or the Trustee to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required herein or required by any other Loan Documentapplicable law. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee and as the Trustee, subject to the provisions of Section 8.11 and assignee of the IndentureIssuer. Notwithstanding any other provision hereunder, shall be entitled to the benefit Trustee may proceed first against either the Guarantor or the Borrower in accordance with the terms of all covenants and agreements herein containedthe Guaranty or this Agreement, respectively, as the Trustee may deem appropriate.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer or the Trustee 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, law or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11. No delay or omission to exercise any right or power accruing upon any default Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Documentin this Article. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee Trustee, and the Trustee, subject to Section 6.2 hereof and the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein ------------------ conferred upon or reserved to the Issuer 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 Agreement, the Mortgage or any other Loan Document or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default 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 or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer to exercise any remedy reserved to it the Bank in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required required. In the event any provision contained in this Agreement should be breached by any party and thereafter duly waived by the other Loan Document. Such rights and remedies as are given the Issuer hereunder party so empowered to act, such waiver shall also extend be limited to the Trustee particular breach so waived and the Trusteeshall not be deemed to waive any other breach hereunder. No waiver, subject to the provisions amendment, release or modification of Section 8.11 and of the Indenture, this Agreement shall be entitled to established by conduct, custom or course of dealing, but solely by an instrument in writing duly executed by the benefit of all covenants and agreements herein containedparties thereunto duly authorized by this Agreement.

No Remedy Exclusive. No Unless provided otherwise herein explicitly, no right, power or remedy herein conferred upon or reserved to the Issuer Lessor in this Lease is intended to be exclusive of any other available remedy right, power or remediesremedy, but each right, power and every such remedy shall be cumulative and shall be in addition to every other right, power, and remedy given available under this Agreement, the Mortgage Lease or any other Loan Document or existing now or hereafter existing at law, under contractin equity, by statute or otherwise, but only to the extent necessary for the protection and benefit of the Lessor. The exercise, the beginning of the exercise, or in equity; providedthe partial exercise by the Lessor of any one or more rights, howeverpowers or remedies shall not preclude the simultaneous or later exercise by the Lessor of any or all other rights, each right and remedy of the Issuer, whether granted in this Agreement, powers or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11remedies. No delay or omission to in the exercise of any right right, power or power remedy accruing upon any default Event of Default shall impair any such right other right, power or power remedy or shall be construed to be a waiver thereofof the Event of Default, but any such right and right, power or remedy may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Lessor to exercise any right, power or remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein required expressly required or required by any other Loan Document. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee and the Trustee, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein containedherein.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer hereby 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 Agreement, the Mortgage or any other Loan Document hereunder or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer to exercise any remedy reserved to it in this AgreementArticle VIII, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Documentrequired. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee. The Trustee and the TrusteeOwners, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer Obligor or the Trustee 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 Agreement, Loan Agreement and the Mortgage or any other Loan Document or Indenture now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default Event of Default 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 Issuer Obligor to exercise any remedy reserved to it in this AgreementArticle VI, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Documentrequired. Such rights and remedies as are given the Issuer Obligor hereunder shall also extend to the Trustee, and the Trustee and the Trustee, subject Owners from time to the provisions of Section 8.11 and time of the Indenture, Notes shall be entitled to the benefit deemed third party beneficiaries of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer or the Trustee by this Agreement 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 AgreementAgreement or the Indenture, the Mortgage or any other Loan Document or now or hereafter existing at law, under contract, law or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11. No delay or omission to exercise any right or power accruing upon any default Default 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 Issuer or the Trustee to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by required. Notwithstanding any other Loan Document. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee and the Trustee, subject to the provisions provision of this Agreement (except Section 8.11 and of 13.2 hereof) or the Indenture, the Issuer or the Trustee shall not be entitled to exercise any remedy reserved to it in this Article X without the benefit prior written consent of all covenants and agreements herein containedthe Bank; however, the Issuer may, after notice to but without the prior written consent of the Bank, institute an action against the Borrower to recover any fees or expenses to which the Issuer is entitled under this Agreement.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer Issuer, the Credit Provider, if any, or the Trustee 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing upon any default 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 Issuer or the Trustee to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required herein or required by any other Loan Documentapplicable law. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee and as the Trustee, subject to the provisions of Section 8.11 and assignee of the IndentureIssuer. Notwithstanding any other provision hereunder, shall be entitled to the benefit Trustee may proceed first against either a Guarantor or the Company in accordance with the terms of all covenants and agreements herein containeda Guaranty and/or this Agreement, respectively, as the Trustee may deem appropriate.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer or the Trustee 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 Agreement, the Mortgage or any other Loan Document Agreement or now or hereafter existing at law, under contract, law or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11. No delay or omission to exercise any right or power accruing upon any default Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by any other Loan Documentin this Article. Such rights and remedies as are given the Issuer hereunder shall also extend to the Trustee Trustee, and the Trustee, the Standby Purchaser and the Owners of the Bonds, subject to the provisions of Section 8.11 and of the Indenture, shall be entitled to the benefit of all covenants and agreements herein contained.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer Bank 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 Agreement, Agreement and the Mortgage or any other Loan Document or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing occurring upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Bank to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give notice to any noticeparty, other than such notice as may be required in this Article 7. The rights and remedies of the Bank specified herein expressly required are for the sole and exclusive benefit, use and protection of the Bank and the Bank is entitled, but shall have no duty or required by obligation to the Company, the Corporate Guarantor, the Authority, the Trustee, the Bondholders, or any other Person, (a) to exercise or refrain from exercising any right or remedy reserved to the Bank hereunder or under any other Loan Document. Such rights and remedies as are given the Issuer hereunder shall also extend , or (b) to the Trustee and cause the Trustee, subject the Authority or any other Person to the provisions of Section 8.11 and exercise or refrain from exercising any right or remedy available to it under any of the Indenture, shall be entitled Loan Documents to the benefit of all covenants and agreements herein containedwhich it is a party.

No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer Bank 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 Agreement, Agreement and the Mortgage or any other Loan Document Credit Documents or now or hereafter existing at law, under contract, or in equity; provided, however, each right and remedy of the Issuer, whether granted in this Agreement, or any other Loan Document, at law or in equity is subject to the provisions of Section 8.11or by statute. No delay or omission to exercise any right or power accruing occurring upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer Bank to exercise any remedy reserved to it in this AgreementArticle, it shall not be necessary to give notice to any noticeparty, other than such notice as may be herein expressly required or required by any other Loan Documentin this Article 8. Such The rights and remedies as of the Bank specified herein are given for the Issuer hereunder sole and exclusive benefit, use and protection of the Bank and the Bank is entitled, but shall also extend have no duty or obligation to the Trustee and Borrower, any Guarantor, the Issuers, the Trustee, subject the Bondholders, or any other Person, (a) to exercise or refrain from exercising any right or remedy reserved to the provisions of Section 8.11 and Bank hereunder or under any other Credit Document, or (b) to cause the Trustee, the Issuers or any other Person to exercise or refrain from exercising any right or remedy available to it under any of the Indenture, shall be entitled Credit Documents to the benefit of all covenants and agreements herein containedwhich it is a party.