Delay No Waiver. No delay or failure of Lender to exercise any option or right herein given or reserved shall constitute a waiver of such option or right or estop Lender thereafter to exercise the same or any other option or right at any time, and Lender's payment or contracting to pay anything Borrower has herein agreed to pay shall not constitute a waiver of the default of Borrower in failing to make any such payment. A waiver by Lender of any option or right herein given or reserved on any one occasion shall not be deemed a waiver of said option or right on any future occasion. Lender may in its discretion extend the time of payment of the principal evidenced and secured by the Note and other Loan Documents and any extension so granted shall be deemed to be made in pursuance of this Agreement and not in modification thereof.
Delay No Waiver. No delay or failure of Lender to exercise any option or right given or reserved herein or in any other Loan Document shall constitute a waiver of such option or right or estop Lender thereafter to exercise the same or any other option or right at any time, and Xxxxxx’s payment or contracting to pay anything Borrower has herein agreed to pay shall not constitute a waiver of the default of Borrower in failing to make any such payment. A waiver by Lender of any option or right given or reserved herein or in any other Loan Document on any one occasion shall not be deemed a waiver of said option or right on any future occasion. Lender may in its discretion extend the time of payment of the principal evidenced and secured by the Note and other Loan Documents and any extension so granted shall be deemed to be made in pursuance of this Agreement and not in modification thereof.
Delay No Waiver. No delay or omission to exercise any right or power accruing upon any default, omission, or failure of performance shall impair any such right or power, or shall such delay or omission be construed to be a waiver thereof by the Lender.
Delay No Waiver. No delay in exercising, or failure to exercise any right, power or remedy accruing to Agent or any Lender, as applicable, through any breach or default of Borrower under this Agreement, or any acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, shall impair any such right, power or remedy of Agent or any Lender, as applicable; nor shall any waiver of any single breach or default be deemed a waiver of any breach or default thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Agent or any Lender, as applicable, of any provision or condition of the Agreement, must be in writing and shall be effective only to the extent of such writing specifically set forth. The forgoing two sentences shall be deemed to be applicable to Agent, the Lenders and Borrower. In the event Agent is required to take any action to collect sums due under the Notes or to enforce, renegotiate, restructure or modify the terms of this Agreement, or is required to institute, defend or otherwise participate in any action at law or suit in equity in relation to this Agreement, or any Mortgage Loan forming part of the Collateral, Borrower, in addition to all other sums which it may be called upon to pay, will pay Agent's attorneys' fees and costs. Nothing in this Agreement shall be deemed any waiver or prohibition of Agent's or any Lender's right of lien or set-off, except that Agent and each Lender agrees to not set-off against any legitimate custodial or escrow account in which Borrower accumulates funds owned by individual mortgagors or other third parties.
Delay No Waiver. No delay in exercising, or failure to exercise any right, power or remedy accruing to Collateral Custodian or Bank, as applicable, through any breach or default of Borrower under this Agreement, or any acquiescence to any such breach or default, or to any similar breach or default thereafter occurring, shall impair any such right, power or remedy of Collateral Custodian or Bank, as applicable; nor shall any waiver of any single breach or default be deemed a waiver of any breach or default thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of Collateral Custodian or Bank, as applicable, of any provision or condition of the Agreement, must be in writing and shall be effective only to the extent of such writing specifically set forth. In the event Bank or Collateral Custodian takes any action to collect sums due under the Note or to enforce, renegotiate, restructure or modify the terms of this Agreement, or institutes, defends or otherwise participates in any action at law or suit in equity in relation to this Agreement, or any Mortgage Loan forming part of the Collateral, Borrower, in addition to all other sums which it may be called upon to pay, will pay Bank and Collateral Custodian's attorneys' fees and costs. Nothing in this Agreement shall be deemed any waiver or prohibition of Collateral Custodian's or Bank's right of lien or set-off, except that Collateral Custodian and Bank shall not set-off against any legitimate custodial or escrow account in which Borrower accumulates funds owned by individual mortgagors or other third parties.
Delay No Waiver. No delay in the exercise of, or failure to exercise any, right, remedy or power accruing upon any default or failure in the performance of any obligation under this Guaranty Agreement shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Trustee or any holder or former holder of a Bond to exercise any right, remedy or power reserved to it in this Guaranty Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required. If the Company should default in the performance of any obligation under this Guaranty Agreement and such default should thereafter be waived by the Trustee, such waiver shall be limited to the particular default so waived. No waiver, amendment, release or modification of this Guaranty Agreement shall be established by conduct, custom or course of dealing, but solely by an instrument in writing duly executed by the Trustee.
Delay No Waiver. In case the Lender shall have proceeded to enforce this Guaranty and such proceedings shall have been discontinued or abandoned for any reason, then and in every such case the Guarantor and the Lender shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Guarantor and the Lender shall continue as though no such proceeding had been taken.
Delay No Waiver
