Common use of Remedies are Cumulative Clause in Contracts

Remedies are Cumulative. No remedy set forth herein is exclusive of any other available remedy or remedies, but each is cumulative and in addition to every other right or remedy given under this Agreement or under any other agreement between Lender and Borrower or Guarantor or now or hereafter existing at law or in equity or by statute. Lender may pursue its rights and remedies concurrently or in any sequence, and no exercise of one right or remedy may be deemed to be an election. No delay by Lender constitutes a waiver, election, or acquiescence by it. Borrower on its behalf waives any rights to require Lender to proceed against Guarantor or any other party; or proceed against or exhaust any security held from Guarantor or any other party. Lender may at any time and from time to time, without notice to, or consent of, Borrower, and without affecting or impairing the obligation of Borrower hereunder do any of the following: (i) renew or extend any obligations of Guarantor, or of any other party at any time directly or contingently liable for payment of any of the obligations of Guarantor; (ii) accept partial payments of the obligations of Guarantor; (iii) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the obligations of Guarantor and the security therefor in any manner; or (iv) consent to the transfer or sale of any security or bid and purchase at any sale of any security of Guarantor. The validity of this Agreement and the Obligations of Borrower are not terminated, affected or impaired by reason of the waiving, delaying, exercising or non-exercising, of any of Lender's rights against Guarantor or as a result of the substitution, release, repossession, sale, disposition or destruction of any Collateral securing any obligations of Guarantor. Borrower is not released or discharged, either in whole or in part, by Lender's failure or delay to perfect or continue the perfection of any security interest in any Collateral which secures the obligations of Guarantor or to protect the property covered by such security interest.

Remedies are Cumulative. No remedy set forth herein is exclusive of any other available remedy or remedies, but each is cumulative and in addition to every other right or remedy given under this Agreement or under any other agreement between Lender and a Guarantor or Borrower or any other Guarantor or now or hereafter existing at law or in equity or by statute. Lender may pursue its rights and remedies concurrently or in any sequence, and no exercise of one right or remedy may be deemed to be an election. No delay by Lender constitutes a waiver, election, or acquiescence by it. Borrower Each Guarantor on its behalf waives any rights to require Lender to proceed against Borrower or any other Guarantor or any other party; or proceed against or exhaust any security held from Guarantor Borrower or any other partyGuarantor. Lender may at any time and from time to time, without notice to, or consent of, Borrowera Guarantor, and without affecting or impairing the obligation of Borrower Guarantor hereunder do any of the following: (i) renew or extend any obligations of Borrower or any other Guarantor, or of any other party at any time directly or contingently liable for payment of any of the obligations of Borrower or any other Guarantor; (ii) accept partial payments of the obligations of Borrower or any other Guarantor; (iii) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the obligations of Borrower or any other Guarantor and the security therefor in any manner; or (iv) consent to the transfer or sale of any security or bid and purchase at any sale of any security of either Borrower or any other Guarantor. The validity of this Agreement and the Obligations of Borrower a Guarantor are not terminated, affected or impaired by reason of the waiving, delaying, exercising or non-exercising, of any of Lender's rights against Borrower or any other Guarantor or as a result of the substitution, release, repossession, sale, disposition or destruction of any Collateral securing any obligations of Borrower or any other Guarantor. Borrower A Guarantor is not released or discharged, either in whole or in part, by Lender's failure or delay to perfect or continue the perfection of any security interest in any Collateral which secures the obligations of Borrower or any other Guarantor or to protect the property covered by such security interest.

Remedies are Cumulative. No remedy set forth herein is exclusive of any other available remedy or remedies, but each is cumulative and in addition to every other right or remedy given under this Agreement or under any other agreement between Lender and Borrower or Guarantor or now or hereafter existing at law or in equity or by statute. Lender may pursue its rights and remedies concurrently or in any sequence, and no exercise of one right or remedy may shall be deemed to be an election. No delay by Lender constitutes shall constitute a waiver, election, or acquiescence by it. Borrower on its behalf waives any rights to require Lender to (i) proceed against Guarantor or any other party; or (ii) proceed against or exhaust any security held from Guarantor or any other partyGuarantor. Lender may at any time and from time to time, without notice to, or consent of, Borrower, and without affecting or impairing the obligation of Borrower hereunder do any of the following: (i) renew or extend any obligations Obligations of Guarantor, or of any other party at any time directly or contingently liable for payment of any of the obligations Obligations of Guarantor; (ii) accept partial payments of the obligations Obligations of Guarantor; (iii) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the obligations Obligations of Guarantor and the security therefor in any manner; or (iv) consent to the transfer or sale of any security or bid and purchase at any sale of any security of Guarantor. The Borrower expressly agrees that the validity of this Agreement and the Obligations of Borrower are shall not be terminated, affected or impaired by reason of the waiving, delaying, exercising or non-exercising, of any of Lender's rights against Guarantor or as a result of the substitution, release, repossession, sale, disposition or destruction of any Collateral securing any obligations Obligations of Guarantor. Borrower is Lender shall not be released or discharged, either in whole or in part, by Lender's failure or delay to perfect or continue the perfection of any security interest in any Collateral which secures the obligations Obligations of Guarantor or to protect the property covered by such security interest.

Remedies are Cumulative. No remedy set forth herein is exclusive of any other available remedy or remedies, but each is cumulative and in addition to every other right or remedy given under this Agreement or under any other agreement between Lender and Borrower or Guarantor or now or hereafter existing at law or in equity or by statute. Lender may pursue its rights and remedies concurrently or in any sequence, and no exercise of one right or remedy may shall be deemed to be an election. No delay by Lender constitutes shall constitute a waiver, election, election or acquiescence by it. Borrower on its behalf waives any rights to require Lender to (i) proceed against Guarantor or any other party; or (ii) proceed against or exhaust any security held from Guarantor or any other partyGuarantor. Lender may at any time and from time to time, without notice to, or consent of, Borrower, and without affecting or impairing the obligation of Borrower hereunder do any of the following: (i) renew or extend any obligations Obligations of Guarantor, or of any other party at any time directly or contingently liable for payment of any of the obligations Obligations of Guarantor; (ii) accept partial payments of the obligations Obligations of Guarantor; (iii) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the obligations Obligations of Guarantor and the security therefor in any manner; or (iv) consent to the transfer or sale of any security or bid and purchase at any sale of any security of Guarantor. The Borrower expressly agrees that the validity of this Agreement and the Obligations of Borrower are shall not be terminated, affected or impaired by reason of the waiving, delaying, exercising or non-exercising, of any of Lender's rights against Guarantor or as a result of the substitution, release, repossession, sale, disposition or destruction of any Collateral securing any obligations Obligations of Guarantor. Borrower is Lender shall not be released or discharged, either in whole or in part, by Lender's failure or delay to perfect or continue the perfection of any security interest in any Collateral which secures the obligations Obligations of Guarantor or to protect the property covered by such security interest.

Remedies are Cumulative. No remedy set forth herein is exclusive of any other available remedy or remedies, but each is cumulative and in addition to every other right or remedy given under this Agreement or under any other agreement between Lender DVI and Borrower Obligor or Guarantor any Surety or now or hereafter existing at law or law, in equity or by statute. Lender DVI may pursue its rights and remedies concurrently or in any sequence, and no exercise of one right or remedy may be deemed to be an election. No delay by Lender constitutes a waiver, electionwaiver of, or acquiescence by itpreclude DVI from electing, any other available right or remedy. Borrower Obligor, on its behalf behalf, waives any rights to require Lender DVI to proceed proceed, at any time, against Guarantor (a) any Surety or any other party; Person or proceed against or (b) exhaust any security held from Guarantor any Surety or any other partyPerson. Lender DVI may at any time and from time to time, without notice to, or consent of, BorrowerObligor, and without affecting or impairing the obligation Obligations of Borrower hereunder Obligor hereunder, do any of the following: (i) renew or extend any obligations Obligations of Guarantorany Surety, or of any other party at any time Person directly or contingently liable for payment of any of the obligations of Guarantor; any Surety, (ii) accept partial payments of the obligations Obligations of Guarantor; any Surety, (iii) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the obligations of Guarantor any Surety and the security therefor in any manner; manner or (iv) consent to the transfer or sale of any security or bid and purchase at any sale of of, any security of Guarantorany Surety. The validity of this Agreement and the Obligations of Borrower Obligor are not terminated, affected or impaired by reason of the waiving, delaying, exercising or non-exercising, exercising of any of LenderDVI's rights against Guarantor any Surety or as a result of the substitution, release, repossession, sale, disposition or destruction of any Collateral securing any obligations Obligations of Guarantorany Surety. Borrower Obligor is not released or discharged, either in whole or in part, by LenderDVI's failure or delay to perfect or continue the perfection of any security interest in any Collateral which secures the obligations Obligations of Guarantor any Surety or to protect the property covered by such security interest.

Remedies are Cumulative. No remedy set forth herein is exclusive of any other available remedy or remedies, but each is cumulative and in addition to every other right or remedy given under this Agreement or under any other agreement between Lender and Borrower or any Guarantor or now or hereafter existing at law or in equity or by statute. Lender may pursue its rights and remedies concurrently or in any sequence, and no exercise of one right or remedy may be deemed to be an election. No delay by Lender constitutes a waiver, election, or acquiescence by it. Borrower on its behalf waives any rights to require Lender to proceed against any Guarantor or any other party; or proceed against or exhaust any security held from Guarantor or any other partyGuarantor. Lender may at any time and from time to time, without notice to, or consent of, Borrower, and without affecting or impairing the obligation of Borrower hereunder do any of the following: (i) renew or extend any obligations of any Guarantor, or of any other party at any time directly or contingently liable for payment of any of the obligations of any Guarantor; (ii) accept partial payments of the obligations of any Guarantor; (iii) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the obligations of any Guarantor and the security therefor in any manner; or (iv) consent to the transfer or sale of any security or bid and purchase at any sale of any security of any Guarantor. The validity of this Agreement and the Obligations of Borrower are not terminated, affected or impaired by reason of the waiving, delaying, exercising or non-exercising, of any of Lender's rights against any Guarantor or as a result of the substitution, release, repossession, sale, disposition or destruction of any Collateral securing any obligations of any Guarantor. Borrower is not released or discharged, either in whole or in part, by Lender's failure or delay to perfect or continue the perfection of any security interest in any Collateral which secures the obligations of any Guarantor or to protect the property covered by such security interest.

Remedies are Cumulative. No remedy set forth herein is exclusive of any other available remedy or remedies, but each is cumulative and in addition to every other right or remedy given under this Agreement or under any other agreement between Lender and Borrower or Guarantor or now or hereafter existing at law or in equity or by statute. Lender may pursue its rights and remedies concurrently or in any sequence, and no exercise of one right or remedy may be deemed to be an election. No delay by Lender constitutes a waiver, election, or acquiescence by it. Borrower on its behalf waives any rights to require Lender to proceed against Guarantor or any other party; or proceed against or exhaust any security held from Guarantor or any other partyGuarantor. Lender may at any time and from time to time, without notice to, or consent of, Borrower, and without affecting or impairing the obligation of Borrower hereunder do any of the following: (i) renew or extend any obligations of Guarantor, or of any other party at any time directly or contingently liable for payment of any of the obligations of Guarantor; (ii) accept partial payments of the obligations of Guarantor; (iii) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the obligations of Guarantor and the security therefor in any manner; or (iv) consent to the transfer or sale of any security or bid and purchase at any sale of any security of Guarantor. The validity of this Agreement and the Obligations of Borrower are not terminated, affected or impaired by reason of the waiving, delaying, exercising or non-exercising, of any of Lender's rights against Guarantor or as a result of the substitution, release, repossession, sale, disposition or destruction of any Collateral securing any obligations of Guarantor. Borrower is not released or discharged, either in whole or in part, by Lender's failure or delay to perfect or continue the perfection of any security interest in any Collateral which secures the obligations of any Guarantor or to protect the property covered by such security interest.