Amendments; Waivers; Severability. No amendment, modification or waiver of any provision of this Agreement or consent hereunder shall be effective unless set forth in writing and signed by the parties hereto, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. If any provision of this Agreement is held to be invalid, illegal or unenforceable by reason of any law, rule, administrative order or judicial decision, such determination shall not affect the validity of the remaining provisions of this Agreement.
Amendments; Waivers; Severability. No amendment, modification, or waiver of any provision of this Agreement shall be binding unless in writing and signed by the party against whom the operation of such amendment, modification, or waiver is sought to be enforced. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity of continuing force and effect of any other provision. The failure of the Company to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Agreement, or to exercise and right herein, shall not be construed as a waiver or relinquishment of such term, covenant or right with respect to past or further performance.
Amendments; Waivers; Severability. NO MODIFICATION OR AMENDMENT TO ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS MADE IN WRITING IN AN AGREEMENT SIGNED BY THE COMPANY AND THE LENDING PARTIES. No course of dealing or failure or delay of Agent or any Lending Party in exercising any power or right hereunder or under any other Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any failure to exercise or enforce such a right or power, preclude any other or further exercise thereof or any other right or power. No notice to or demand on the Company in any case shall entitle the Company to any other or further notice or demand in similar or other circumstances. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Company herefrom or therefrom shall in any event be effective unless made specifically in writing by Agent and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. All rights and remedies of the Lending Parties pursuant to this Agreement, under any other Loan Document, or under Law shall be cumulative, and no such right or remedy shall be exclusive of any other such right or remedy. The provisions of this Agreement and the other Loan Documents are intended to be severable. If any provision of this Agreement or other Loan Document shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any such jurisdiction.
Amendments; Waivers; Severability. Except as otherwise set forth in Section 29, this Agreement may not be amended except by a written amendment, signed by each of the Parties. The Parties acknowledge that they are not relying on any statement that is not set forth in this Agreement. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Amendments; Waivers; Severability. Any amendment, modification or waiver of any provision of this Agreement must be in writing and executed by both parties. No delay by a party in exercising any right, power or remedy under this Agreement shall be a waiver thereof, and no single or partial exercise of any right, power or remedy hereunder shall preclude any further exercise thereof. If any provision of this Agreement is held to be invalid, unenforceable or void, the remainder of this Agreement shall remain in full force and effect.
Amendments; Waivers; Severability. 27 10.2 Expenses; Indemnity; Damage Waiver. 27 10.3 Holidays. 28 10.4 Notices; Effectiveness; Electronic Communication. 29 10.5 Duration; Survival. 29 10.6 Successors and Assigns; Participations. 29 10.7 Confidentiality. 30 10.8 Counterparts; Integration; Effectiveness. 30 10.9 Governing Law. 31
Amendments; Waivers; Severability. 27 11.2 Expenses; Indemnity; Damage Waiver. 28 11.3 Holidays. 29 11.4 Notices; Effectiveness; Electronic Communication. 29 11.5 Duration; Survival. 30 11.6 Successors and Assigns; Participations. 30 11.7 Confidentiality. 30 11.8 Counterparts; Integration; Effectiveness. 31 11.9 Governing Law. 31 11.10 SUBMISSION TO JURISDICTION; SERVICE OF PROCESS; VENUE; WAIVER OF JURY TRIAL. 31 11.11 USA Patriot Act Notice. 32
Amendments; Waivers; Severability. 28 11.2 Expenses; Indemnity; Damage Waiver. 28
Amendments; Waivers; Severability. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in writing signed by a duly authorized representative on behalf of the party claimed to have waived. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
Amendments; Waivers; Severability. This Agreement may be amended, modified, superseded, canceled, renewed or extended and the terms or covenants of this Agreement may be waived only by a written instrument executed by the parties to this Agreement or, in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right at a later time to enforce the same. No waiver by any party of the breach of any term or provision contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such breach, or a waiver of the breach of any other term or covenant contained in this Agreement. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
