Common use of Course of Dealing; Amendment Clause in Contracts

Course of Dealing; Amendment. No course of dealing between Lender and Pledgor shall be effective to amend, modify or change any provision of this Agreement or the other Loan Documents. Lender shall have the right at all times to enforce the provisions of this Agreement and the other Loan Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of Lender in refraining from so doing at any time or times. The failure of Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Loan Documents or as having in any way or manner modified or waived the same. This Agreement may not be amended, modified, or changed in any respect except by an agreement in writing signed by Lender and Pledgor.

Appears in 2 contracts

Samples: Cash Collateral Pledge Agreement (American Retirement Villas Properties Iii LTD Partnership), Cash Collateral Pledge Agreement (Arv Assisted Living Inc)

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Course of Dealing; Amendment. No course of dealing between Lender and Pledgor Guarantor shall be effective to amend, modify or change any provision of this Agreement or the other Loan Documents. Lender shall have the right at all times to enforce the provisions of this Agreement and the other Loan Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of Lender in refraining from so doing at any time or times. The failure of Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Loan Documents or as having in any way or manner modified or waived the same. This Agreement may not be amended, modified, or changed in any respect except by an agreement in writing signed by Lender and PledgorGuarantor.

Appears in 2 contracts

Samples: Guaranty Agreement (Arv Assisted Living Inc), Guaranty Agreement (American Retirement Villas Properties Iii LTD Partnership)

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