Common use of Amendments in Writing; No Waiver; Cumulative Remedies Clause in Contracts

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (except by a written instrument signed by Vicis), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of Vicis, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Vicis of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) Except as provided herein, none of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument signed executed by Vicis), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of Guarantor and the terms and conditions hereof. Purchasers. (b) No failure to exercise, nor any delay in exercising, on the part of Vicisthe Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Vicis the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis that the Purchasers would otherwise have on any future occasion. . (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) None of the terms or provisions of this Mortgage may be waived, amended, supplemented or otherwise modified except by a written instrument signed executed by Vicis), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced the Mortgagor and the Mortgagee in any Event of Default or in any breach of any accordance with the terms of the terms and conditions hereof. Loan Agreement. (b) No failure to exercise, nor any delay in exercising, on the part of Vicisthe Mortgagee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Vicis the Mortgagee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis the Mortgagee would otherwise have on any future occasion. . (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument signed executed by Vicis)the Agent, delay, indulgence, omission the Borrowers and the Subordinated Lender; provided that any provision of this Agreement may be waived by the Agent or otherwise be deemed to have waived any right the Senior Lenders in a letter or remedy hereunder agreement executed by the Agent or to have acquiesced in any Event of Default the Senior Lenders or in any breach of any of by telex or facsimile transmission from the terms and conditions hereof. Agent or the Senior Lenders. (b) No failure to exercise, nor any delay in exercising, on the part of Vicisthe Agent or the Senior Lenders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Vicis of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis would otherwise have on any future occasion. . (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) None of the terms or provisions of this Deed of Trust may be waived, amended, supplemented or otherwise modified except by a written instrument signed executed by Vicis)the Grantor, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced the Trustee and the Agent in any Event of Default or in any breach of any accordance with the terms of the terms and conditions hereof. Loan Agreement. (b) No failure to exercise, nor any delay in exercising, on the part of Vicisthe Trustee or the Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Vicis the Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis the Trustee or the Agent would otherwise have on any future occasion. . (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument signed executed by Vicis), delay, indulgence, omission the Administrative Agent and the Parent; provided that any provision of this Agreement may be waived by the Lenders in a letter or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of agreement executed by the terms and conditions hereof. Required Lenders. (b) No failure to exercise, nor any delay de1ay in exercising, on the part of Vicisthe Administrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Vicis of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis would otherwise have on any future occasion. . (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument signed executed by Vicis), delay, indulgence, omission the Senior Agent and the Subordinated Lender; provided that if any such amendment or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach supplement hereto modifies the obligations of any of the terms and conditions hereof. Obligors hereunder or under the Senior Transaction Documents or the Subordinated Loan Documents in any material adverse respect, the consent of such Obligor being so impacted shall also be required, otherwise the consent of the Obligors is not required. (b) No failure to exercise, nor any delay in exercising, on the part of Vicisthe Senior Agent or any other Senior Creditor, of any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Vicis of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis would otherwise have on any future occasion. . (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument signed executed by Vicis)the Pledgor and the Agent, delay, indulgence, omission or otherwise PROVIDED that any provision of this Agreement may be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of by facsimile transmission by the terms and conditions hereof. Agent. (b) No failure to exercise, nor any exercise and no delay in exercising, on the part of Vicisthe Agent or any Lender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by Vicis of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Vicis would otherwise have on any future occasion. . (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.