Remedies Cumulative and Waivers Sample Clauses
The "Remedies Cumulative and Waivers" clause establishes that the rights and remedies provided in the contract are in addition to, and do not exclude, any other rights or remedies available by law or under the agreement. In practice, this means that if a party breaches the contract, the non-breaching party can pursue multiple remedies, such as seeking damages and specific performance, without being limited to just one. Additionally, if a party chooses not to enforce a right or remedy immediately, this does not mean they have permanently waived that right. The core function of this clause is to ensure that parties retain all available legal options and that any failure to enforce a right does not result in its loss, thereby protecting the parties' interests and maintaining flexibility in addressing breaches.
Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lenders and the Agent hereunder or under any other Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by, as applicable, the Majority of the Lenders, all of the Lenders or the Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Document as a result of any other default or breach hereunder or thereunder.
Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lender hereunder or under any other Loan Document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or any other Loan Document shall not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which the Lender may be lawfully entitled for such default or breach. Any waiver by the Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by the Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any rights and remedies of the Lender under this Agreement or any other Loan Document as a result of any other default or breach hereunder or thereunder.
Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lenders and the Agent hereunder or under any other Loan Document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lenders or by the Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or other document or instrument executed pursuant to this Agreement will not be deemed to be a waiver of or to alter, affect or prejudice any other right or remedy or other rights or remedies to which any one or more of the Lenders and the Agent may be lawfully entitled for such default or breach. Any waiver by the Lenders or the Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein and any indulgence granted, either expressly or by course of conduct, by the Lenders or the Agent will be effective only in the specific instance and for the purpose for which it was given and will be deemed not to be a waiver of any rights and remedies of the Lenders or the Agent under this Agreement or any other Loan Document or instrument executed pursuant to this Agreement as a result of any other default or breach hereunder or thereunder.
Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lender hereunder or under the Security Documents or any other Loan Document or instrument executed pursuant to this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity; and any single or partial exercise by the Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement, the Security Documents or other Loan Document or other instrument executed pursuant to this Agreement will not be deemed to be a waiver of or alter, affect or prejudice any other right or remedy or other rights or remedies to which the Lender may be lawfully entitled for such default or breach. Any waiver by the Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained herein, any Security Documents or in any other Loan Document and any indulgence granted, by the Lender will not be established by conduct, custom or course of dealing and will occur, if applicable, solely by an instrument in writing duly executed by the Lender.
Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the rights and remedies of the Lender under this Agreement are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or equity; and any single or partial exercise by the Lender of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement shall not be deemed to be a waiver of, or to alter, affect or prejudice, any other right or remedy to which of the Lender may be lawfully entitled for such default or breach. Any waiver by the Lender of the strict observance, performance or compliance with any term, covenant, condition or other matter contained in this Agreement and any indulgence granted, either expressly or by course of conduct by the Lender shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any right or remedy of the Lender under this Agreement as a result of any other default or breach under this Agreement.
Remedies Cumulative and Waivers. The rights and remedies of DRC under this Agreement and the Security Agreement and under any other document or instrument executed pursuant hereto or thereto are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity. Any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if it is in writing and signed by the Party giving it, and only in the specific instance and for the specific purp0se for which it has been given. No failure on the part of any Party to exercise, and no delay in exercising, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right.
Remedies Cumulative and Waivers. 24 9.5 Suspension of Lender's Obligations......................................24 9.6 Application of Payments and Proceeds of Realization After an Event of Default........................................................24 9.7 Exchange and Confidentiality of Information.............................25 ARTICLE 10 COSTS, EXPENSES AND INDEMNIFICATION
Remedies Cumulative and Waivers. No remedy conferred on RTI under this Agreement is intended to be exclusive. Each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or equity or by statute or otherwise. The exercise of any one or more remedies shall not preclude the simultaneous or later exercise by RTI of any or all other such remedies. RTI may by written instrument waive any breach by SCC of the terms of this Agreement. No course of dealing between the parties nor any delay in exercising any rights hereunder shall operate as a waiver of RTI's rights.
Remedies Cumulative and Waivers. For greater certainty, it is expressly understood and agreed that the respective rights and remedies of the Lenders and the Administrative Agent under this Agreement or any other Credit Document are cumulative and are in addition to and not in substitution for any rights or remedies provided by law or by equity. Any single or partial exercise by the Lenders or by the Administrative Agent of any right or remedy for a default or breach of any term, covenant, condition or agreement contained in this Agreement or any other Credit Document shall not be deemed to be a waiver of, or to alter, affect or prejudice, any other right or remedy to which any one or more of the Lenders and the Administrative Agent may be lawfully entitled for such default or breach. Any waiver by the Lenders or the Administrative Agent of the strict observance, performance or compliance with any term, covenant, condition or other matter contained in this Agreement and any indulgence granted, either expressly or by course of conduct, by the Lenders or the Administrative Agent shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any right or remedy of the Lenders or the Administrative Agent under this Agreement or any other Credit Document as a result of any other default or breach under this Agreement or any other Credit Document.
Remedies Cumulative and Waivers. 44 8.5 Termination of Lender's Obligations.................................................................. 44 ARTICLE 9 - COSTS, EXPENSES, SURVIVAL AND INDEMNIFICATION........................................................ 44 9.1