Common use of Remedies Cumulative and Waivers Clause in Contracts

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 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 remedy, or procurement of a judgment in respect of a default or breach of any term, covenant, condition or agreement matter contained in this Agreement, the Security Documents Agreement or other Loan Document or other instrument executed pursuant to this Agreement will shall not be deemed to operate as a merger of or 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 in respect of 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 herein and any indulgence granted, either expressly or by course of conduct by the Lender will shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be established by conduct, custom a waiver of any rights and remedies of the Lender under this Agreement or course of dealing and will occur, if applicable, solely by an any other Document or instrument in writing duly executed by the Lenderpursuant to this Agreement.