Common use of Amendments in Writing; No Waiver; Cumulative Remedies Clause in Contracts

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor and the Purchasers. (b) No failure to exercise, nor any delay in exercising, on the part of the Purchasers, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. Vicis shall not by any act (a) Except as provided herein, none of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed signed by Guarantor Vicis), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and the Purchasers. (b) conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the PurchasersVicis, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Vicis of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers which Vicis would otherwise have on any future occasion. (c) . The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Mortgage may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Mortgagor and the PurchasersMortgagee in accordance with the terms of the Loan Agreement. (b) No failure to exercise, nor any delay in exercising, on the part of the PurchasersMortgagee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Mortgagee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Purchasers Mortgagee would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Agent, the Borrowers and the PurchasersSubordinated Lender; provided that any provision of this Agreement may be waived by the Agent or the Senior Lenders in a letter or agreement executed by the Agent or the Senior Lenders or by telex or facsimile transmission from the Agent or the Senior Lenders. (b) No failure to exercise, nor any delay in exercising, on the part of the PurchasersAgent or the Senior Lenders, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Borrower and the PurchasersAgent, PROVIDED that any provision of this Agreement may be waived by facsimile transmission by the Agent. (b) No failure to exercise, nor any exercise and no delay in exercising, on the part of the PurchasersAgent or any Lender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the --------------------- terms or provisions of this Guarantee Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Subsidiary Guarantor and the Purchasers. (b) Lender, provided that any provision of this Guaranty may be waived by facsimile transmission by the Lender. No failure to exercise, nor any exercise and no delay in exercising, on the part of the PurchasersLender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Pledgor and the PurchasersAgent, PROVIDED that any provision of this Agreement may be waived by facsimile transmission by the Agent. (b) No failure to exercise, nor any exercise and no delay in exercising, on the part of the PurchasersAgent or any Lender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Administrative Agent and the PurchasersParent; provided that any provision of this Agreement may be waived by the Lenders in a letter or agreement executed by the Required Lenders. (b) No failure to exercise, nor any delay de1ay in exercising, on the part of the PurchasersAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Administrative Agent and the PurchasersParent; provided that any provision of this Agreement may be waived by the Lenders in a letter or agreement executed by the Required Lenders. (b) No failure to exercise, nor any delay in exercising, on the part of the PurchasersAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Deed of Trust may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Grantor, the Trustee and the PurchasersAgent in accordance with the terms of the Loan Agreement. (b) No failure to exercise, nor any delay in exercising, on the part of the PurchasersTrustee or the Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Purchasers Trustee or the Agent would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) Except as provided herein, none None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor the Senior Agent and the PurchasersSubordinated Lender; provided that if any such amendment or supplement hereto modifies the obligations of any of the Obligors hereunder or under the Senior Transaction Documents or the Subordinated Loan Documents in any material adverse respect, the consent of such Obligor being so impacted shall also be required, otherwise the consent of the Obligors is not required. (b) No failure to exercise, nor any delay in exercising, on the part of the PurchasersSenior Agent or any other Senior Creditor, of any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchasers of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Purchasers would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.