Common use of Delay and Waiver Clause in Contracts

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Administrative Agents, the Second Lien Collateral Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent Administrative Agents, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Agent Administrative Agents, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Agent Administrative Agents, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders Administrative Agents (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or Potential Event of Default or any other breach or default by a Borrower of the Company Group or any of them under this any Facility Agreement or any Related Collateral Agreement shall impair any such right, power or remedy of the Disbursement Secured Credit Parties or the Intercreditor Agent, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or Potential Event of Default or other breach or default be deemed a waiver of any other Event of Default or Potential Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, Secured Credit Parties or the Intercreditor Agent or any Lender of any Event of Default or Potential Event of Default or other breach or default under this Agreement, any Related Collateral Agreement or any other Financing Agreement, or any waiver on the part of any of the Disbursement Secured Credit Parties or the Intercreditor Agent, the Agent or any Lender of any provision or condition of this AgreementAgreement or any other operative document, must be in writing and shall be effective only to the extent specifically set forth in such writing specifically set forthwriting. All remedies remedies, either under this Agreement, under any Related Collateral Agreement or any other Financing Agreement or by law or otherwise afforded to any of the Disbursement Agent, Secured Credit Parties or the Intercreditor Agent or any Lender shall be cumulative and not alternative. The Agent alternative (subject to any limitations on behalf the exercise of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of such remedies imposed under this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachAgreement).

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Potential Event of Default, Material Adverse Effect or any breach or default of Borrower or any other breach Loan Party or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Potential Event of Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Potential Event of Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Administrative Agent or any Lender the Secured Parties of any Event of Default Default, Potential Event of Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Agent, the Administrative Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of Administrative Agent and the Disbursement AgentSecured Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf If any Event of Default has been waived by the Lenders (acting at the direction of the Required Lenders) Secured Parties in accordance with Section 9.9 and any other party heretothis Section 10.3, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachbe no longer continuing.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Banks or the Lender Groups upon the occurrence of any Borrower Event of Default or Borrower Inchoate Default or any other Project Event of Default or Project Inchoate Default or any breach or default by a Borrower of the Credit Parties under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentBanks or the Lender Groups (or the members thereof), the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Borrower Event of Default, Borrower Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default be deemed a waiver of any other Borrower Event of Default, Borrower Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Agent Banks and/or the Lender Groups (or any Lender the members thereof) of any Borrower Event of Default, Borrower Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Agent Banks and/or the Lender Groups (or any Lender the members thereof) of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, the Agent or any Banks, the Lender Groups (and the members thereof) and the other Secured Parties shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company under this Agreement shall impair any such right, power or remedy of the Disbursement AgentFunding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Funding Agents, the Lenders or the Disbursement Agent, the Agent or any Lender of any Potential Event of Default, Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Funding Agents, the Lenders or the Disbursement Agent, the Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. Neither any waiver, permit, consent or approval of any kind or character on the part of any of the Funding Agents, the Lenders or the Disbursement Agent of any Potential Event of Default, Event of Default or other breach or default under this Agreement nor any waiver on the part of any of the Funding Agents, the Lenders or the Disbursement Agent of any provision or condition of this Agreement shall be effective or binding with respect to any other Operative Document. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement AgentFunding Agents, the Lenders or the Disbursement Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. 12.3.1 No delay delay, failure or omission to exercise exercise, and no course of dealing with respect to, any right, power power, privilege or remedy accruing to the Secured Parties upon the occurrence of any Default, Event of Default Default, Material Adverse Effect or any other breach or default by a Borrower of any Credit Party or unsatisfied condition precedent under this Agreement any Credit Document shall impair any such right, power power, privilege or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or in of any similar breach or default or unsatisfied condition precedent thereafter occurring, ; nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or remedy, preclude any other or further exercise thereof or the exercise of any other right or power. 12.3.2 Upon effectiveness of any waiver of a Default or Event of Default, the parties shall be restored to their former position and rights under the Credit Documents, and such Default or Event of Default shall be deemed to be waived and not continuing; provided that any waiver of any single Default, Event of Default Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent shall not be deemed a waiver of any other Default, Event of Default Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any Default, Event of Default Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreementany Credit Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any provision or condition of this Agreementany Credit Document, must be in writing in accordance with Section 12.18 and shall be effective only to the extent in such writing specifically set forthforth and only in the specific instance and for the purpose for which given. All remedies remedies, either under this Agreement any Credit Document or by law or otherwise afforded to any of the Disbursement AgentSecured Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf . 12.3.3 Without limiting the generality of the Lenders (acting foregoing, the making of a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Administrative Agent or any Lender may have had notice or knowledge of such Default or Event of Default at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachtime.

Delay and Waiver. 10.3.1 No delay delay, failure or omission to exercise exercise, and no course of dealing with respect to, any right, power power, privilege or remedy accruing to Lender upon the occurrence of any Default, Event of Default or unsatisfied condition precedent under any other breach or default by a Borrower under this Agreement Credit Document shall impair any such right, power power, privilege or remedy of the Disbursement AgentLender, the Agent or any Lender nor shall it be construed to be a waiver of any such breach Default, Event of Default or defaultunsatisfied condition precedent, or an acquiescence therein, or in of any similar breach Default, Event of Default or default unsatisfied condition precedent thereafter occurring, ; nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or remedy, preclude any other or further exercise thereof or the exercise of any other right or power. 10.3.2 Upon effectiveness of any waiver of a Default or Event of Default, the parties shall be restored to their former position and rights under the Credit Documents, and such Default or Event of Default shall be deemed to be cured and not continuing; provided that any waiver of any single Default, Event of Default or unsatisfied condition precedent shall not be deemed a waiver of any other Default, Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any by Lender of any Default, Event of Default or other breach or default unsatisfied condition precedent under this Agreementany Credit Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any by Lender of any provision or condition of this Agreementany Credit Document, must be in writing in accordance with Section 10.1.2 and shall be effective only to the extent specifically set forth in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any writing. 10.3.3 Without limiting the generality of the Disbursement Agentforegoing, the Agent making of a Loan shall not be construed as a waiver of any Default or any Event of Default, regardless of whether Lender shall be cumulative and not alternative. The Agent on behalf may have had notice or knowledge of the Lenders (acting such Default or Event of Default at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachtime.

Delay and Waiver. No delay or omission to exercise in exercising any right, power power, privilege or remedy accruing upon under this Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of any a Default or Event of Default or any other breach or default by a Borrower under this Agreement shall impair any such right, power power, privilege or remedy of the Disbursement AgentLender Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event right, power, privilege or remedy, or of Default or other any breach or default be deemed a waiver of any other Event right, power, privilege or remedy or of Default or any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of a Default or Event of Default or of any other breach or default under this AgreementAgreement or any other Loan Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender Parties of any provision or condition of this AgreementAgreement or any other Loan Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies rights, powers, privileges and remedies, either under this Agreement or any other Loan Document or by law or otherwise afforded to any of the Disbursement AgentLender Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf alternative and not exclusive of the Lenders (acting at the direction of the Required Lenders) and any other party heretorights, on behalf of itselfpowers, privileges and remedies that such Lender Parties may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachotherwise have.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Default or Event of Default or any other breach or default by a Borrower of any Obligor under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Agent or any Lender Senior Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any single or partial exercise by any such party of any right, power or remedy hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy, nor shall any waiver of any single Default, Event of Default or other breach or default be deemed a waiver of any other Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Senior Secured Party of any Default, Event of Default or other breach or default under this AgreementAgreement or any other Financing Document, or any waiver on the part of any of the Disbursement AgentSenior Secured Party, the Agent or any Lender of any provision or condition of this Agreement, Agreement or any other Transaction Document must be in writing and signed by such Senior Secured Party and shall be effective only to the extent specifically set forth in such writing specifically set forthwriting. All remedies remedies, either under this Agreement or any other Financing Document or by law or otherwise afforded to any of the Disbursement AgentSenior Secured Party, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Effect or any breach or default of Borrower or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Default, Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender nor shall it be construed to be a waiver of any such Default, Event of Default, breach or default, or an acquiescence therein, or in any similar Default, Event of Default, breach or default thereafter occurring, nor shall any waiver of any single Default, Event of Default or other breach or default be deemed a waiver of any other Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender of any Default, Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forthforth and any such waiver shall not constitute a continuing waiver of similar or other Defaults, Events of Default, breaches or defaults, nor shall any such waiver constitute a waiver by any other party with respect to such breach or default. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Agent Agents or any Lender Lender, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Administrative Agent or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Agent Agents or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Agent Agents or any Lender shall be cumulative and not alternative. The Subject to the terms of the Loan Documents, the Administrative Agent on behalf of the Lenders (acting at the direction of the Required Lenders) ), and any other party hereto, hereto on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachbreach (except to the extent, if any, the Administrative Agent has express authority to act on behalf of such party hereunder with respect thereto).

Delay and Waiver. 12.3.1 No delay delay, failure or omission to exercise exercise, and no course of dealing with respect to, any right, power power, privilege or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Default, Material Adverse Effect or any breach or default of Borrowers or any other breach Sponsor Entity or default by a Borrower unsatisfied condition precedent under this Agreement any Credit Document shall impair any such right, power power, privilege or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, ; nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or remedy, preclude any other or further exercise thereof or the exercise of any other right or power. 12.3.2 Upon effectiveness of any waiver of a Default or Event of Default, the parties shall be restored to their former position and rights under the Credit Documents, and such Default or Event of Default shall be deemed to be cured and not continuing, provided, however that any waiver of any single Event of Default Default, Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent shall not be deemed a waiver of any other Event of Default Default, Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any Event of Default Default, Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreementany Credit Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any provision or condition of this Agreementany Credit Document, must be in writing in accordance with Section 12.20 and shall be effective only to the extent in such writing specifically set forthforth and only in the specific instance and for the purpose for which given. All remedies Subject to the provisions of Article 9, all remedies, either under this Agreement any Credit Document or by law or otherwise afforded to any of the Disbursement AgentSecured Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf . 12.3.3 Without limiting the generality of the Lenders (acting foregoing, the making of a Loan shall not be construed as a waiver of any Event of Default or Default, regardless of whether Administrative Agent or any Lender may have had notice or knowledge of such Event of Default or Default at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachtime.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Administrative Agent, the Second Lien Collateral Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent Administrative Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Agent Administrative Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Agent Administrative Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender shall be cumulative and not alternative. The Administrative Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any ---------------- right, power or remedy accruing upon the occurrence of any Default or Event of Default or any other breach or default by a Borrower of the Issuer under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Agent or any Lender Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any single or partial exercise by any such party of any right, power or remedy hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy, nor shall any waiver of any single Default, Event of Default or other breach or default be deemed a waiver of any other Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any Default, Event of Default or other breach or default under this AgreementAgreement or any other Financing Document, or any waiver on the part of any of the Disbursement AgentSecured Party, the Agent or any Lender of any provision or condition of this Agreement, Agreement or any other Transaction Document must be in writing and signed by such Secured Party and shall be effective only to the extent specifically set forth in such writing specifically set forthwriting. All remedies remedies, either under this Agreement or any other Financing Document or by law or otherwise afforded to any of the Disbursement AgentSecured Party, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. 12.3.1 No delay delay, failure or omission to exercise exercise, and no course of dealing with respect to, any right, power power, privilege or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Default, Material Adverse Effect or any breach or default of Borrowers or any other breach Sponsor Entity or default by a Borrower unsatisfied condition precedent under this Agreement any Credit Document shall impair any such right, power power, privilege or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, ; nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or remedy, preclude any other or further exercise thereof or the exercise of any other right or power. 12.3.2 Upon effectiveness of any waiver of a Default or Event of Default, the parties shall be restored to their former position and rights under the Credit Documents, and such Default or Event of Default shall be deemed to be cured and not continuing, provided, however that any waiver of any single Event of Default Default, Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent shall not be deemed a waiver of any other Event of Default Default, Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any Event of Default Default, Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreementany Credit Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any provision or condition of this Agreementany Credit Document, must be in writing in accordance with Section 12.20 and shall be effective only to the extent in such writing specifically set forthforth and only in the specific instance and for the purpose for which given. All remedies Subject to the provisions of Article 9, all remedies, either under this Agreement any Credit Document or by law or otherwise afforded to any of the Disbursement AgentSecured Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Change or any breach or default of any Borrower Party or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent, LC Issuers and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company under this Agreement shall impair any such right, power or remedy of the Disbursement Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore theretofor or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or any Lender other Secured Party, of any Potential Event of Default, Event of Default or other breach or default under this AgreementAgreement or any other Loan Document, or any waiver on the part of any of the Disbursement Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or any Lender other Secured Party, of any provision or condition of this AgreementAgreement or any other Operative Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. The giving or granting of any consent or waiver in any instance shall not obligate the party giving such consent or waiver, or any other Person, to give a consent or waiver in any similar or dissimilar circumstance in the future. All remedies remedies, either under this Agreement or any other Loan Document or by law or otherwise afforded to any of the Disbursement Bank Agent, the Collateral Agent, the Lenders, the Disbursement Agent or any Lender other Secured Party, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company under this Agreement shall impair any such right, power or remedy of the Disbursement Bank Agent, the Bank Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent, the Agent or any Lender of any Potential Event of Default, Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent, the Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. Neither any waiver, permit, consent or approval of any kind or character on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent of any Potential Event of Default, Event of Default or other breach or default under this Agreement nor any waiver on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent of any provision or condition of this Agreement shall be effective or binding with respect to any other Operative Document. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Bank Agent, the Bank Lenders or the Disbursement Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Lender upon the occurrence of any Event of Default or any other breach or default by a of Borrower under this Agreement any other Financing Document shall impair any such right, power or remedy of the Disbursement AgentLender, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, indulgence, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender of any Event of Default or other breach or default under this AgreementAgreement or any other Financing Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender of any provision or condition of this AgreementAgreement or any other Financing Document, must be in a writing expressly referencing this Agreement and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Financing Document or by law or otherwise afforded to any of the Disbursement AgentLender, the Agent or any Lender shall be cumulative and not alternativeexclusive. [***] Confidential treatment has been requested for the bracketed portions. The Agent on behalf of confidential redacted portion has been omitted and filed separately with the Lenders (acting at the direction of the Required Lenders) Securities and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachExchange Commission.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to Banks upon the occurrence of any Event of Default or Inchoate Default or any other Project Default or Project Inchoate Default or any breach or default by a Borrower of the Portfolio Entities 120 133 under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentBanks, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default, Inchoate Default, Project Default, Project Inchoate Default or other breach or default be deemed a waiver of any other Event of Default, Inchoate Default, Project Default, Project Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Administrative Agent or any Lender and/or Banks of any Event of Default, Inchoate Default, Project Default, Project Inchoate Default or other breach or default under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Agent, the Administrative Agent or any Lender and/or Banks of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Banks and the Agent or any Lender other Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise in exercising any right, power power, privilege or remedy accruing upon (x) under this Agreement or any other Loan Document or (y) by any Lender Party under any Existing Collateral Security Document, including any rights and remedies in connection with the occurrence of any a Default or Event of Default or any other breach or default by a Borrower under this Agreement shall impair any such right, power power, privilege or remedy of the Disbursement AgentLender Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event right, power, privilege or remedy (x) under this Agreement or any other Loan Document or (y) by any Lender Party under any Existing Collateral Security Document, or of Default or other any breach or default be deemed a waiver of any other Event right, power, privilege or remedy or of Default or any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of a Default or Event of Default or of any other breach or default under this AgreementAgreement or any other Transaction Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender Parties of any provision or condition of this AgreementAgreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All rights, powers, privileges and remedies (x) under this Agreement or any other Loan Document or (y) of any Lender Party under any Existing Collateral Security Document, either under this Agreement or any other Transaction Document or by law Law or otherwise afforded to any of the Disbursement AgentLender Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf alternative and not exclusive of the Lenders (acting at the direction of the Required Lenders) and any other party heretorights, on behalf of itselfpowers, privileges and remedies that such Lender Parties may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachotherwise have.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Change or any breach or default of any Borrower Party or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent, LC Issuer and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of LCR or the Phase II Mall Borrowers under this Agreement shall impair any such right, power or remedy of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party, of any Potential Event of Default, Event of Default or other breach or default under this Agreement or any other Financing Agreement, or any waiver on the part of any of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party, of any provision or condition of this AgreementAgreement or any other Operative Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Financing Agreement or by law or otherwise afforded to any of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. 13.3.1 No delay delay, failure or omission to exercise exercise, and no course of dealing with respect to, any right, power power, privilege or remedy accruing to the Secured Parties upon the occurrence of any Default, Event of Default Default, Material Adverse Effect or any other breach or default by a Borrower of any Credit Party or unsatisfied condition precedent under this Agreement any Credit Document shall impair any such right, power power, privilege or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or in of any similar breach or default or unsatisfied condition precedent thereafter occurring, ; nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or remedy, preclude any other or further exercise thereof or the exercise of any other right or power. 13.3.2 Upon effectiveness of any waiver of a Default or Event of Default, the parties shall be restored to their former position and rights under the Credit Documents, and such Default or Event of Default shall be deemed to be cured and not continuing; provided, however, that any waiver of any single Default, Event of Default Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent shall not be deemed a waiver of any other Default, Event of Default Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any Default, Event of Default Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreementany Credit Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender Secured Party of any provision or condition of this Agreementany Credit Document, must be in writing in accordance with Section 13.1.2 and shall be effective only to the extent in such writing specifically set forthforth and only in the specific instance and for the purpose for which given. All remedies remedies, either under this Agreement any Credit Document or by law or otherwise afforded to any of the Disbursement AgentSecured Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf . 13.3.3 Without limiting the generality of the Lenders (acting foregoing, the making of a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Administrative Agent or any Lender may have had notice or knowledge of such Default or Event of Default at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachtime.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to XLCA, the Swap Counterparty or the Trustee or any other Secured Party upon the occurrence of any Issuer Event of Default or Issuer Inchoate Default or any other Project Event of Default or Project Inchoate Default or any breach or default by a Borrower of any other Party under this Agreement or any other Financing Document shall impair any such right, power or remedy of the Disbursement Agentany Secured Party, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Issuer Event of Default, Issuer Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default be deemed a waiver of any other Issuer Event of Default, Issuer Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Collateral Agent, XLCA, the Agent or any Lender Swap Counterparty and/or the Trustee of any Issuer Event of Default, Issuer Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default under this AgreementAgreement or any other Financing Document, or any waiver on the part of any of the Disbursement Collateral Agent, XLCA, the Agent or any Lender Swap Counterparty and/or the Trustee of any provision or condition of this AgreementAgreement or any other Financing Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Financing Document or by law or otherwise afforded to any of the Disbursement Collateral Agent, XLCA, the Agent Swap Counterparty or any Lender the Trustee and the other Secured Parties shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Administrative Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Administrative Agent or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Administrative Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forthforth and any such waiver shall not constitute a continuing waiver of similar or other breaches or defaults, nor shall any such waiver constitute a waiver by any other party with respect to such breach or default. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Administrative Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Effect or any breach or default of Borrower or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, Collateral Agent, Issuing Bank or the Agent or any Lender Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, Collateral Agent, Issuing Bank or the Agent or any Lender Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent, Issuing Bank and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company Group or any of them under this any Facility Agreement, the Disbursement Agreement or any Related Collateral Agreement shall impair any such right, power or remedy of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of or any kind or character on the part of any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary of any Potential Event of Default, Event of Default or other breach or default under this Agreement, any Related Collateral Agreement or any other Financing Agreement, or any waiver on the part of any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary, of any provision or condition of this AgreementAgreement or any other operative document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement, under any Related Collateral Agreement or any other Financing Agreement or by law or otherwise afforded to any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary shall be cumulative and not alternative. The Agent alternative (subject to any limitations on behalf the exercise of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of such remedies imposed under this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachAgreement).

Delay and Waiver. No delay or omission to exercise in exercising any right, power power, privilege or remedy accruing upon under this Loan Guarantee Agreement or any other Loan Document, including any rights and remedies in connection with the occurrence of any an Event of Default or any other breach or default by a Borrower under this Agreement Potential Default shall impair any such right, power power, privilege or remedy of the Disbursement AgentCredit Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such right, power, privilege or remedy or of any breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event right, power, privilege or remedy, or of Default or other any breach or default be deemed a waiver of any other Event right, power, privilege or remedy or of Default or any other breach or default theretofore therefore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender Credit Parties of any right, power, privilege or remedy including any rights and remedies in connection with the occurrence of an Event of Default or Potential Default or of any other breach or default under this AgreementLoan Guarantee Agreement or any other Loan Document, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender Credit Parties of any provision or condition of this AgreementLoan Guarantee Agreement or any other Transaction Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies rights, powers, privileges and remedies, either under this Loan Guarantee Agreement or any other Loan Document or by law or otherwise afforded to any of the Disbursement AgentCredit Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf alternative and not exclusive of the Lenders (acting at the direction of the Required Lenders) and any other party heretorights, on behalf of itselfpowers, privileges and remedies that such Credit Parties may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachotherwise have.