Course of Conduct. No failure or delay by any Credit Party in exercising any right or power under any Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Credit Parties under the Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Credit Document or consent to any departure by any Loan Party therefrom shall in any event be effective unless such waiver is made in accordance with Section 10.01 of this Agreement, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No waiver or indulgence by any of the Credit Parties shall constitute a future waiver of performance or exact performance by any of the Loan Parties. No amendment or waiver shall be effective unless in writing. Without limiting the generality of the foregoing, the advance of proceeds of a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or an Event of Default, regardless of whether any Credit Party may have had notice or knowledge of such Default or Event of Default at the time of such advance or issuance.
Course of Conduct. No course of conduct between the parties hereto, nor any delay in exercising any rights or remedies hereunder or under any communication, report, notice or other document or instrument referred to herein, shall operate as a waiver of any of the rights or remedies of the parties hereto.
Course of Conduct. Neither Party’s obligations or rights under this Agreement may be modified, amended, waived, or changed as a result of the Parties’ course of conduct or course of performance.
Course of Conduct. No course of dealing between Pledgor and Pledgees ------------------- nor any failure to exercise, nor any delay in exercising, on the part of Pledgees, any right, power or privilege hereunder or under any of the Secured Obligations, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided and provided under any of the Secured Obligations are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by law, including, without limitation, the rights and remedies of a secured party under the Uniform Commercial Code in force in New York on the date hereof and as may be amended from time to time.
Course of Conduct. Neither the course of conduct between Client and CLOUD PROPELLER nor trade practice shall act to modify any provision of this Agreement.
Course of Conduct. Semele and BSLF agree that the business of, and all transactions by, the Limited Partnership will be conducted or entered into only in the usual and ordinary course and that neither Semele nor BSLF shall cause or permit the Limited Partnership to engage in any of the activities listed in Section 4.9(a) through (l) hereof, except as may be first approved by RMLP (which approval shall not be unreasonably withheld and shall be promptly confirmed in writing) or as is otherwise permitted or contemplated by this Agreement.
Course of Conduct. From the date hereof, pending the Closing, CBSI and Buyer agree that the business of, and all transactions by, Synova will be conducted or entered into only in the usual and ordinary course and that no party shall cause or permit Synova to engage in any of the activities listed below, except as may be first approved by the parties in writing or as is otherwise permitted or contemplated by this Agreement:
(a) mortgaging, pledging or subjecting to lien, charge or other encumbrance any of its assets, or entering into any agreement resulting in the imposition of any such mortgage, lien or charge;
(b) incurring any indebtedness for money borrowed or any noncurrent indebtedness for the purchase price of any fixed or capital asset;
(c) making any change in its Articles of Incorporation or By-laws;
(d) voluntarily incurring any material obligation or liability, absolute or contingent, except (i) in the ordinary course of business, or (ii) pursuant to existing contracts and agreements described in this Agreement or in the Schedules delivered pursuant hereto.
Course of Conduct. In the course of his association with Company, Employee shall at all times conduct himself in accordance with the guidelines, practices, and procedures which Company may specify from time to time (including as set forth in Company’s Employee Handbook), and for all purposes Employee shall always conduct himself in a highly honest and ethical manner. Employee represents that he possesses the high degree of skills and competency required in the position for which he was hired, and that he shall conduct himself with the highest degree of care.
Course of Conduct. This Agreement and the executed Appendices may be modified, altered or changed only pursuant to a written Addendum signed by both Parties. Neither the course of conduct between Authority and Vendor nor trade practice shall act to modify any provision of this Agreement. In the event any security or confidentiality obligations imposed upon the Authority change due to legislative or regulatory actions, industry standards, contractual obligations or otherwise, Vendor agrees to work in good faith with Authority to promptly revise and amend this Agreement and any executed Appendices as applicable, to ensure compliance with those revised security and confidentiality obligations without further payments, costs, fees, charges or additional consideration for any such amendments. In the event Vendor fails to comply with this Section 15.8, Authority, at its option, may terminate the Agreement and the executed Appendices upon written notice by email, at no cost or liability to Authority. Upon any such termination by the Authority, Vendor will comply with the migration provisions set forth in Section 8.5 of this Agreement and in Paragraph 8.B of Appendix A.
Course of Conduct. Neither the course of conduct between City and Vendor nor trade practice shall act to modify any provision of this Agreement.
