Absence of Waiver. The failure to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement or any part hereof or the right of either party thereafter to enforce each and every provision in accordance with the terms of this Agreement.
Absence of Waiver. The parties hereto agree that, except to the extent expressly set forth herein, nothing contained herein shall be deemed to:
(a) be a consent to, or waiver of, any Default or Event of Default; or
(b) prejudice any right or remedy which any of the Holder may now have or may in the future have under the Notes or otherwise, including, without limitation, any right or remedy resulting from any Default or Event of Default.
Absence of Waiver. The parties hereto agree that, except to the extent expressly set forth herein, nothing contained herein shall be deemed to:
(a) be a consent to, or waiver of, any Default or Event of Default;
(b) prejudice any right or remedy which any of the Participating Holders may now have or may in the future have under the Indenture, the Series B Securities or otherwise, including, without limitation, any right or remedy resulting from any Default or Event of Default; or
(c) constitute a waiver of the rights of any of the Participating Holders under Section 2.12
Absence of Waiver. The fact that one or the other party has not exercised any of its rights hereunder shall not constitute a waiver thereof.
Absence of Waiver. The failure of either party to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of such terms and conditions, shall not be construed as thereafter waiving such terms and conditions, which shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
Absence of Waiver. Failure to enforce any provision of this Agreement is not a waiver of that provision, or of any other provision.
Absence of Waiver. No waiver by Licensor or Licensee of any provision hereof shall be deemed to be waiver of any other provision hereof or of any subsequent breach by Licensor or Licensee of the same or any other provision.
Absence of Waiver. The parties hereto agree that the agreements set forth herein shall not be deemed to:
(a) be a consent to cure, or waiver of, any Default or Event of Default;
(b) except as expressly set forth herein, modify or limit any other term or condition of the Credit Agreement or any other Loan Document;
(c) impose upon any Lender or the Administrative Agent any commitment or obligation, express or implied, to consent to any amendment or further modification of the Credit Agreement or other Loan Documents;
(d) impose upon any Lender or the Administrative Agent any commitment or obligation, express or implied, to grant or extend any financial accommodations to the Borrower or the Guarantors (other than as expressly set forth herein) or to modify or extend this Forbearance Agreement; or
(e) prejudice any right or remedy that the Administrative Agent or the Lenders may now have or may in the future have under the Credit Agreement or under or in connection with the other Loan Documents or any instrument or agreement referred to therein including, without limitation, any right or remedy resulting from any Default or Event of Default.
Absence of Waiver. No indulgence or oversight on the part of either of the parties with respect to a default by the other party in the performance of any of its obligations under this Lease shall be considered to be a waiver of the Landlord’s rights or of the Tenant’s rights hereunder with regard to the default or to any subsequent default; neither shall it affect or modify in any manner whatsoever the Landlord’s rights or the Tenant’s rights hereunder with regard to the subsequent default; and no waiver may be inferred from any act or omission by the Landlord or by the Tenant, unless the waiver is in writing.
Absence of Waiver. No delay or abstention by the Beneficiary in perfecting or enforcing this Performance Guarantee shall constitute a waiver to the benefit of any provision of this Agreement. The Beneficiary shall not entail any responsibility to the Guarantor or its successors by reason of the late exercise or non-exercise of the rights and remedies which are attributed to them under this Agreement.