Common use of Remedies Cumulative, Concurrent and Nonexclusive Clause in Contracts

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equity, which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against Mortgagor, or against the Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents Term Note and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against Mortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, as the case may be, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Documents Term Note or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary or Trustee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorTrustor or others obligated under the Loan Documents, or against the Trust Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted in the Loan Credit Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, Grantee (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee in the enforcement of any rights, remedies or recourses under the Loan Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Loan Credit Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Credit Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Credit Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Subject to the terms of each Intercreditor Agreement, Mortgagee shall have all rights, remedies and recourses granted in the Loan Note Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Note Documents, or against the Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Note Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted hereunder and in the Loan Documents Collateral Agency Agreement and available at law or equityequity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against Mortgagor, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses hereunder, under the Loan Documents Collateral Agency Agreement or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Credit Agreement and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Trustee or Beneficiary in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Loan Note Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Note Documents, or against the Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Note Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Note and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against Mortgagor, or against the Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against MortgagorGrantor, or against the Property, or against any one or more of them, at the sole discretion of MortgageeLender, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender or Trustee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Beneficiary shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeBeneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Beneficiary or Trustee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the Code), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeLender, (c) may be exercised as often as occasion therefor therefore shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorMortgagor or others obligated under the Notes and the other Loan Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING - Page 7 [Pinebrook – Milford, OH] them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Lender shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permitted, (b) may be pursued separately, successively or concurrently against MortgagorBorrower, or against the Property, or against any one or more of them, at the sole discretion of MortgageeLender, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Lender in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.. MORTGAGE, ASSIGNMENT OF RENTS AND LEASES, COLLATERAL ASSIGNMENT OF PROPERTY AGREEMENTS,

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Grantee shall have all rights, remedies and recourses granted in the Loan Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor or others obligated under the Note and the other Loan Documents, or against the Secured Property, or against any one or more of them, at the sole discretion of MortgageeGrantee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Grantee in the enforcement of any rights, remedies or recourses under the Loan Documents or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee shall have all rights, remedies and recourses granted in the Loan Documents Eagle Ridge Lease and available at law or equityequity (including the UCC), which rights (a) shall be cumulative cumulated and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against Mortgagor, Mortgagor or against the Mortgaged Property, or against any one or more of them, at the sole discretion of Mortgagee, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee in the enforcement of any rights, remedies or recourses under the Loan Documents Eagle Ridge Lease or otherwise at law or equity shall be deemed to cure any Event of Default.

Remedies Cumulative, Concurrent and Nonexclusive. Mortgagee Agent and Beneficiary shall have all rights, remedies and recourses granted in the Loan Financing Documents and available at law or equityequity (including the UCC), which rights (a) shall be cumulative and concurrent and shall be in addition to every other remedy so provided or permittedconcurrent, (b) may be pursued separately, successively or concurrently against MortgagorGrantor obligated under the Financing Documents, or against the Mortgaged Property, or against any one or more of them, at the sole discretion of MortgageeAgent and Beneficiary, (c) may be exercised as often as occasion therefor shall arise, and the exercise or failure to exercise any of them shall not be construed as a waiver or release thereof or of any other right, remedy or recourse, and (d) are intended to be, and shall be, nonexclusive. No action by Mortgagee Agent or Beneficiary in the enforcement of any rights, remedies or recourses under the Loan Financing Documents or otherwise at law or equity shall be deemed to cure any Event of Default.