Common use of Deemed Waiver Clause in Contracts

Deemed Waiver. If either Party is not obligated to consummate the Closing pursuant to this Agreement, but nevertheless elects to consummate the Closing, and the other Party is obligated to consummate the Closing, the Parties shall proceed with the consummation of the Closing as if all Parties were obligated to do so, and the Party who is not obligated to proceed but elects to do so shall be deemed to have specifically waived in writing, as provided in Section 6.1 and Section 6.2, as the case may be, the fulfillment of the condition or conditions, the nonfulfillment of which excused the obligation of said Party to perform pursuant to this Agreement as contemplated by Section 6.1 and Section 6.2, as the case may be.

Deemed Waiver. If either Party is not obligated to consummate the Closing pursuant to this Agreement, but nevertheless elects to consummate the Closing, and the other Party is obligated to consummate the Closing, the Parties shall proceed with the consummation of the Closing as if all Parties were obligated to do so, and the Party who is not obligated to proceed but elects to do so shall be deemed to have specifically waived in writing, as provided in Section 6.1 7.1 and Section 6.27.2, as the case may be, the fulfillment of the condition or conditions, the nonfulfillment of which excused the obligation of said Party to perform pursuant to this Agreement as contemplated by Section 6.1 7.1 and Section 6.27.2, as the case may be.

Deemed Waiver. If either Party is not obligated to consummate perform the Closing pursuant to this Agreement, but nevertheless elects to consummate perform, and actually performs, the Closing, and the other Party is obligated to consummate the Closingperform, the Parties shall proceed with the consummation of the Closing this Agreement as if all Parties were obligated to do so, and the Party who is not obligated to proceed but elects to do so (the “Waiving Party”) shall be deemed to have specifically waived in writing, as provided in Section 6.1 and Section 6.2, as the case may be, the fulfillment of the condition or conditions, the nonfulfillment of which excused the obligation of said the Waiving Party to perform pursuant to this Agreement as contemplated by Section 6.1 Sections 5.1 and Section 6.25.2, as the case may be.. 5.4

Deemed Waiver. If either Party is not obligated to consummate perform the Closing pursuant to this Agreement, but nevertheless elects to consummate perform, and actually performs, the Closing, and the other Party is obligated to consummate the Closingperform, the Parties shall proceed with the consummation of the Closing this Agreement as if all Parties were obligated to do so, and the Party who is not obligated to proceed but elects to do so (the “Waiving Party”) shall be deemed to have specifically waived in writing, as provided in Section 6.1 and Section 6.2, as the case may be, the fulfillment of the condition or conditions, the nonfulfillment of which excused the obligation of said the Waiving Party to perform pursuant to this Agreement as contemplated by Section 6.1 Sections 5.1 and Section 6.25.2, as the case may be.