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or existing at law or in equity shall be exclusive of any
other available remedy or rer.iedies, but each and every such
remedy shall be cumulative and shall be in addition to every
other remedy given under this Agree~?ent or now or hereafter
existing at law or in equity or by statute. NQ__delay or omission
to exercise any right or power accruing upon any default shall
impair any such right or power.or shall be construed to be
a waiver thereof, but any such right and power may be exercised
from time to time as often as may be deemed expedient. In
order to entitle the Trustee or the Issuer to exercise any
remedy reserved to it in this Aqreement, or existing in
- law or in equity, it shall not be necessary to give notice,
other than such notice as may be herein expressly required. ;
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Section 7.06. NO ADDITIONAL WAIVER IMPZIED BY ONE WAIVER. ;
In the event any agreement contained in this Agreement should ~
be breached by any party hereto and thereafter waived by the
other parties, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other
~ breach hereunder.
Section 7.07. REZMBURSEMENT OF EXPENSES UPON DEFAULT.
Ir~ the event the Company should default under any of the ;
provisions of this Agreement, it will on demand therefor reimburse ~
either or both the other parties hereto for the reasonable fees i
of their attorneys (whether or not suit shall have been brought) #
and such other expenses as may be incurred by them in the
enforcement of performance or observance of any obligation
or agreeinent herein eontained or in the collection of any
balance of the purchase price or other sums due hereunder
by the Company to such party; and it is hereby agreed that
the Issuer has an interest in the full and appropriate
performance of every covenant and agreement herein contained
for the payment of money by the Company to the Trustee, and
the Issuer shall be entitled to reimbursement from the
Company for any expenses incurred by the Issuer in the
protection of its interest in this respect. r
Section 7.08, ISSUER'S RIGHT TO ADVANCE FUNDS~UPON ~
DEFAULT; REIMBURSEMENT OF SAME. Immediately upon either of
the Issuer's or the Trustee's obtaining knowledge of the
occurrence of any event of default it shall give written
notice of such occurrence to the other and to the Company.
With respect to any default by the Conpany of the type described
in Section 7.01 ot this Agreement, the Issuer shall have the
right (but may never be required) any time prior to the expiration
of ten (10) days from the service by the Trustee of the ten-
day notice provided for in Section 7.02 of this Agreement,
and with the Trustee's consent shall have the right at any
time thereafter, to advance from any funds legally available
for such purpose the sum required to cure such default; and
the Issuer shall be entitled to receive from the Corapany reimbursement
of such sum upon demand, together with interest thereon from
the date of such advance to the date of reimbursement at the
rate of ten per centum {10$) per annum and expenses of collecting
the same, including reasonable attorneys' fees whether suit
be brought or not. Whenever any event of default referred to -
in Section 7.01 hereof shall have happened and be subsisting,
and the Trustee having given written notice to the Company
by registered mail at least ten (lQ) days prior thereto pursuant
to Sectiori 7.02 hereof-, the Issuer~shall have the right(but
may never be required) to pay at any time to the Trustee from
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