Settlement; No Waiver Sample Clauses

Settlement; No Waiver. This Agreement has been entered into as a settlement of numerous issues and shall not be deemed to constitute a precedent for any purposes whatsoever. Nothing herein shall prejudice or waive any statutory or common law subrogation and assignment rights of any PGA or its ability to pursue such rights arising from the coverage such PGA provides to its Covered Persons other than rights the PGA may have against the Receiver or ELNY. Nothing herein shall preclude or restrict the GA Parties from objecting to any action or determination by the Receiver or restrict the Receiver from objecting to any action or determination by the GA Parties under this Agreement. A Covered Person receiving Covered Benefit Payments from a PGA shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the subject Contract (to the extent of Covered Benefit Payments received) to such PGA to the full extent provided under the Guaranty Association Act governing the PGA, and nothing contained in this Agreement shall be construed to impair, supplement or otherwise alter any of the rights or obligations of any PGA, any Covered Person, or any Contractowner or payee claiming to be a Covered Person, with respect to such Contract. Neither a PGA’s acceptance of a Contract as a Covered Contract under its applicable Guaranty Association Act nor payment of Covered Benefit Payments under any Covered Contract shall preclude: (1) any Covered Person from contesting the amount or conditions of such PGA’s coverage or asserting that coverage should be provided under a different version of the PGA’s Guaranty Association Act or provided by a different Guaranty Association, or (2) any PGA from seeking after Closing contribution or reimbursement from any other Guaranty Association for the coverage provided hereunder, or asserting that another Guaranty Association should be providing the coverage delivered under this Agreement to any Contract accepted by the PGA as a Covered Contract for purposes of this Agreement.

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Settlement; No Waiver. 48 Section 16.23 Time . 48 Section 16.24 Waiver . 48 Section 16.25 No Benefits or Rights for non-Participating Guaranty Associations . 48 Section 16.26 Possible Future Redomestication of NEWCO . 48 Schedules and Exhibits Schedule 1.15 List of Contracts Schedule 1.25 ELNY Mortality Table Schedule 1.42 The Life Insurance Companies Schedule 3.1 ELNY Contract Restructuring by Receivership Court Schedule 4.8 List of Known Secured Creditors and ELNY Assets Subject to Security

Related Clauses

• Complete Agreement; No Waiver
• No Waiver
• No waiver of our rights
• No Waiver of Fees
• No Waiver of Breach
• No Waiver of Obligations
• No Waiver of Immunity
• No Waiver; Remedies
• No Waiver of Rights
• No Waiver of Immunities

Related to Settlement; No Waiver

• Complete Agreement; No Waiver This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements and understandings relating hereto. No modifica- tions or additions to or deletions from this Agreement shall be binding unless accepted in writing by an authorized representative of all parties, and the waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
• No Waiver The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
• No waiver of our rights (a) No failure on our part to exercise and no delay on our part in exercising any right or remedy under this agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.
• No Waiver of Fees Nothing in this Agreement, nor any entry or repossession of the Room by the Manager releases the Resident from any liability for the payment in full of all amounts payable under this Agreement for the Term.
• No Waiver of Breach The failure to enforce any provision of this Contract shall not be construed as a waiver of any such provision, nor prevent a Party thereafter from enforcing the provision or any other provision of this Contract. The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.
• No Waiver of Obligations No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion.
• No Waiver of Immunity Neither College nor School District waiver or relinquish any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this MOU and the performance of the covenants contained herein.
• No Waiver; Remedies No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
• No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
• No Waiver of Immunities Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to County, its past or present officers, employees, or agents or employees, nor to create any legal rights or claim on behalf of any third party. County does not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the Xxxxx xx Xxxxx xxx xx xxx Xxxxxx Xxxxxx.