Common use of Delay and Waiver Clause in Contracts

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, Potential Event of Default, Material Adverse Effect or any breach or default of Borrower or any other Loan Party or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured Parties, nor shall it be construed to be a waiver of any such breach or default 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, 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, 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 Administrative Agent or the Secured Parties of any Event of Default, Potential Event of Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Document, or any waiver on the part of Administrative Agent or the Secured Parties of any provision or condition of this Agreement 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, either under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent and the Secured Parties, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties Banks or the Lender Groups upon the occurrence of any Borrower Event of Default, Potential Default or Borrower Inchoate Default or any Project Event of Default, Material Adverse Effect Default or Project Inchoate Default or any breach or default of Borrower or any other Loan Party or unsatisfied condition precedent the Credit Parties under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured PartiesBanks or the Lender Groups (or the members thereof), nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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 Borrower Event of Default, Potential Borrower Inchoate Default, Project Event of Default, Material Adverse Effect Default or Project Inchoate Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Borrower Event of Default, Potential Borrower Inchoate Default, Project Event of Default, Material Adverse Effect Default or Project Inchoate Default 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 Administrative Agent Agent, the Banks and/or the Lender Groups (or the Secured Parties members thereof) of any Borrower Event of Default, Potential Borrower Inchoate Default, Project Event of Default, Material Adverse Effect Default or Project Inchoate Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Document, or any waiver on the part of Administrative Agent Agent, the Banks and/or the Lender Groups (or the Secured Parties members thereof) of any provision or condition of this Agreement 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, either under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent Agent, the Banks, the Lender Groups (and the members thereof) and the other Secured Parties, Parties shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Default, Event of Default, Potential Event of Default, Material Adverse Effect Default or any other breach or default of by the Borrower or any other Loan Party or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured PartiesDisbursement 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 unsatisfied condition precedentdefault, or an acquiescence therein, or of or in any similar Default, Event of Default, breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Default, Event of Default, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Default, Event of Default, Potential Event of Default, Material Adverse Effect Default 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 Collateral Agent, the Administrative Agent or the Secured Parties any Lender of any Default, Event of Default, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit DocumentAgreement, or any waiver on the part of any of the Disbursement Agent, the Collateral Agent, the Administrative Agent or the Secured Parties any Lender of any provision or condition of this Agreement or any other Credit DocumentAgreement, 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, either remedies under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Agent, the Collateral Agent, the Administrative Agent and the Secured Parties, or any Lender shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Default, Material Adverse Effect Default or any other breach or default of by the Borrower or any other Loan Party or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured PartiesDisbursement 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 unsatisfied condition precedentdefault, 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, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Default, Material Adverse Effect Default 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 Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any Event of Default, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit DocumentAgreement, or any waiver on the part of any of the Disbursement Agent, the Administrative Agent or Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any provision or condition of this Agreement or any other Credit DocumentAgreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either remedies under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Agent, the Administrative Agent and Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties, Parties or any Lender shall be cumulative and not alternative. If The Administrative Agent (acting at the direction of the Required Lenders) and any Event other party hereto, on behalf of Default has been waived itself, may specifically waive any breach of this Agreement by the Secured Parties in accordance with Section 9.9 and this Section 10.3any other party, then after but no such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuinghave 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, Potential Event of Inchoate Default, Material Adverse Effect or any breach or default of Borrower or any other Loan Party Calpine Entity or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured Parties, nor shall it be construed to be a waiver of any such breach or default 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, Potential Event of Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of 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 Administrative Agent, Collateral Agent or the Secured Parties of any Event of Default, Potential Event of Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Document, or any waiver on the part of Administrative Agent, Collateral Agent or the Secured Parties of any provision or condition of this Agreement 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, either under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent, Collateral Agent and the Secured Parties, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Inchoate Default, Material Adverse Effect Change or any breach or default of any Borrower Party or any other Loan Party Calpine Entity or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured Parties, nor shall it be construed to be a waiver of any such breach or default 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, Potential Event of Inchoate Default, Material Adverse Effect Change or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Inchoate Default, Material Adverse Effect 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 Administrative Agent, Collateral Agent or the Secured Parties of any Event of Default, Potential Event of Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Document, or any waiver on the part of Administrative Agent, Collateral Agent or the Secured Parties of any provision or condition of this Agreement 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, either under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent Agent, Collateral Agent, LC Issuer and the Secured Parties, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Default, Material Adverse Effect Default or Event of Default or any other breach or default of Borrower the Company Group or any other Loan Party or unsatisfied condition precedent of them under this any Facility Agreement, the Disbursement Agreement or any other Credit Document Related Collateral Agreement shall impair any such right, power or remedy of the Secured Credit Parties, the Disbursement Agent, the Intercreditor Agent or the Securities Intermediary, nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of or any kind or character on the part of Administrative any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or the Secured Parties Securities Intermediary of any Event of Default, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent under this Agreement, any Related Collateral Agreement or any other Credit DocumentFinancing Agreement, or any waiver on the part of Administrative any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or the Secured Parties Securities Intermediary, of any provision or condition of this Agreement or any other Credit Documentoperative document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement, under any Related Collateral Agreement or any other Credit Document Financing Agreement or by law or otherwise afforded to Administrative Agent and any of the Secured Credit Parties, the Disbursement Agent, the Intercreditor Agent or the Securities Intermediary shall be cumulative and not alternative. If alternative (subject to any Event limitations on the exercise of Default has been waived by the Secured Parties in accordance with Section 9.9 and such remedies imposed under this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuingAgreement).

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties Banks upon the occurrence of any Event of Default, Potential Event of Default, Material Adverse Effect Default or Inchoate Default or any Project Default or Project Inchoate Default or any breach or default of Borrower or any other Loan Party or unsatisfied condition precedent the Portfolio Entities 120 133 under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured PartiesBanks, nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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, Potential Event of Inchoate Default, Material Adverse Effect Project Default, Project Inchoate Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Inchoate Default, Material Adverse Effect Project Default, Project Inchoate Default 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 Administrative Agent or the Secured Parties and/or Banks of any Event of Default, Potential Event of Inchoate Default, Material Adverse Effect Project Default, Project Inchoate Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Document, or any waiver on the part of Administrative Agent or the Secured Parties and/or Banks of any provision or condition of this Agreement 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, either under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent Agent, Banks and the other Secured Parties, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Default, Material Adverse Effect Default or Event of Default or any other breach or default of Borrower LCR or any other Loan Party or unsatisfied condition precedent the Phase II Mall Borrowers under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Bank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any other Secured Parties, Party nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Default, Material Adverse Effect Event of Default 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 Administrative any of the Bank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or the any other Secured Parties Party, of any Event of Default, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit DocumentFinancing Agreement, or any waiver on the part of Administrative any of the Bank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or the any other Secured Parties Party, of any provision or condition of this Agreement or any other Credit Operative Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Document Financing Agreement or by law or otherwise afforded to Administrative any of the Bank Arranger, the Funding Agents, the Lenders, the Disbursement Agent and the or any other Secured PartiesParty, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Default, Material Adverse Effect Default or any other breach or default of by the Borrower or any other Loan Party or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured PartiesAgents or any Lender, nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Default, Material Adverse Effect Default 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 Administrative Agent or the Secured Parties any Lender of any Event of Default, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit DocumentAgreement, or any waiver on the part of Administrative Agent any of the Agents or the Secured Parties any Lender of any provision or condition of this Agreement or any other Credit DocumentAgreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either remedies under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent and any of the Secured Parties, Agents or any Lender shall be cumulative and not alternative. If 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 Event other party hereto on behalf of Default has been waived itself, may specifically waive any breach of this Agreement by the Secured Parties in accordance with Section 9.9 and this Section 10.3any other party, then after but no such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuinghave been given unless such waiver is in writing, signed by the waiving party and 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 (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. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default, Potential Event of Inchoate Default, Material Adverse Effect or any breach or default of Borrower or any other Loan Party Calpine Entity or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured Parties, nor shall it be construed to be a waiver of any such breach or default 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, Potential Event of Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of 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 Administrative Agent Agent, Collateral Agent, Issuing Bank or the Secured Parties of any Event of Default, Potential Event of Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Document, or any waiver on the part of Administrative Agent Agent, Collateral Agent, Issuing Bank or the Secured Parties of any provision or condition of this Agreement 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, either under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent Agent, Collateral Agent, Issuing Bank and the Secured Parties, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Default, Material Adverse Effect Default or Event of Default or any other breach or default of Borrower or any other Loan Party or unsatisfied condition precedent the Company under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or any other Secured Parties, Party nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent theretofore theretofor or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Administrative any of the Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or the any other Secured Parties Party, of any Event of Default, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Loan Document, or any waiver on the part of Administrative any of the Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or the any other Secured Parties Party, of any provision or condition of this Agreement or any other Credit 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, either under this Agreement or any other Credit Loan Document or by law or otherwise afforded to Administrative any of the Bank Agent, the Collateral Agent, the Lenders, the Disbursement Agent and the or any other Secured PartiesParty, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Inchoate Default, Material Adverse Effect Change or any breach or default of any Borrower Party or any other Loan Party Calpine Entity or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured Parties, nor shall it be construed to be a waiver of any such breach or default 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, Potential Event of Inchoate Default, Material Adverse Effect Change or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Inchoate Default, Material Adverse Effect 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 Administrative Agent, Collateral Agent or the Secured Parties of any Event of Default, Potential Event of Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Document, or any waiver on the part of Administrative Agent, Collateral Agent or the Secured Parties of any provision or condition of this Agreement 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, either under this Agreement or any other Credit Document or by law or otherwise afforded to Administrative Agent Agent, Collateral Agent, LC Issuers and the Secured Parties, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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 Parties Party upon the occurrence of any Issuer Event of Default, Potential Default or Issuer Inchoate Default or any Project Event of Default, Material Adverse Effect Default or Project Inchoate Default or any breach or default of Borrower or any other Loan Party or unsatisfied condition precedent under this Agreement or any other Credit Financing Document shall impair any such right, power or remedy of the any Secured PartiesParty, nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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 Issuer Event of Default, Potential Issuer Inchoate Default, Project Event of Default, Material Adverse Effect Default or Project Inchoate Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Issuer Event of Default, Potential Issuer Inchoate Default, Project Event of Default, Material Adverse Effect Default or Project Inchoate Default 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 Administrative Agent or the Secured Parties Collateral Agent, XLCA, the Swap Counterparty and/or the Trustee of any Issuer Event of Default, Potential Issuer Inchoate Default, Project Event of Default, Material Adverse Effect Default or Project Inchoate Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit Financing Document, or any waiver on the part of Administrative Agent or the Secured Parties Collateral Agent, XLCA, the Swap Counterparty and/or the Trustee of any provision or condition of this Agreement or any other Credit Financing Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this Agreement or any other Credit Financing Document or by law or otherwise afforded to Administrative Agent the Collateral Agent, XLCA, the Swap Counterparty or the Trustee and the other Secured Parties, Parties shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.

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, Potential Event of Default, Material Adverse Effect Default or any other breach or default of by the Borrower or any other Loan Party or unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Secured PartiesDisbursement Agent, the Administrative Agent or any Lender nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Default, Material Adverse Effect Default 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 the Secured Parties any Lender of any Event of Default, Potential Event of Default, Material Adverse Effect Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit DocumentAgreement, or any waiver on the part of any of the Disbursement Agent, the Administrative Agent or the Secured Parties any Lender of any provision or condition of this Agreement or any other Credit DocumentAgreement, 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, either remedies under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Agent, the Administrative Agent and the Secured Parties, or any Lender shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.12.2

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, Potential Event of Default, Material Adverse Effect Default or Event of Default or any other breach or default of Borrower or any other Loan Party or unsatisfied condition precedent the Company under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Bank Agent, the Bank Lenders, the Disbursement Agent or any other Secured Parties, Party nor shall it be construed to be a waiver of any such breach or default or unsatisfied condition precedentdefault, 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, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default, Potential Event of Default, Material Adverse Effect Event of Default 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 Administrative Agent any of the Bank Agent, the Bank Lenders or the Secured Parties Disbursement Agent, of any Event of Default, Potential Event of Default, Material Adverse Effect Event of Default or other breach or default or unsatisfied condition precedent under this Agreement or any other Credit DocumentAgreement, or any waiver on the part of Administrative Agent any of the Bank Agent, the Bank Lenders or the Secured Parties Disbursement Agent, of any provision or condition of this Agreement or any other Credit DocumentAgreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remediesNeither any waiver, either 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 Credit Document Operative Document. All remedies under this Agreement or by law or otherwise afforded to Administrative any of the Bank Agent, the Bank Lenders or the Disbursement Agent and the Secured Parties, shall be cumulative and not alternative. If any Event of Default has been waived by the Secured Parties in accordance with Section 9.9 and this Section 10.3, then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to be no longer continuing.