Common use of Delays and Omissions Clause in Contracts

Delays and Omissions. No delay or omission to exercise any right, power, or remedy accruing to Lender, upon any breach or default of Borrower under this Credit Agreement or any other Loan Document, shall impair any such right, power, or remedy of Lender, nor shall it be construed to be a waiver of, or an acquiescence in, any such breach or default or any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, or approval of any kind or character on the part of Lender of any breach or default by Borrower under this Credit Agreement or any other Loan Document, or any waiver of any provisions or conditions of this Credit Agreement or any other Loan Document by Lender, must be made in writing, and shall be effective only to the extent specifically set forth in such writing. All remedies either under this Agreement or by law and otherwise afforded to any party shall be cumulative and not alternative.

Delays and Omissions. No delay or omission to exercise any right, power, or remedy accruing to a Lender, upon any breach or default of Borrower under this Credit Agreement or any other Loan Document, shall impair any such right, power, or remedy of the Lender, nor shall it be construed to be a waiver of, or an acquiescence in, any such breach or default or any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, or approval of any kind or character on the part of a Lender of any breach or default by Borrower under this Credit Agreement or any other Loan Document, or any waiver of any provisions or conditions of this Credit Agreement or any other Loan Document by a Lender, must be made in writing, and shall be effective only to the extent specifically set forth in such writing. All remedies either under this Agreement or by law and otherwise afforded to any party shall be cumulative and not alternative.

Delays and Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power, power or remedy accruing to Lender, any party to this Agreement upon any breach or default of Borrower any other party under this Credit Agreement or any other Loan Document, shall impair any such right, power, power or remedy of Lendersuch non-defaulting party, nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach nor of or default or in any similar breach or default thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, consent or approval of any kind or character on the part of Lender any party of any breach or default by Borrower under this Credit Agreement or any other Loan DocumentAgreement, or any waiver on the part of any party of any provisions or conditions of this Credit Agreement or any other Loan Document by LenderAgreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Delays and Omissions. No Except as expressly provided herein, no delay or omission to exercise any right, power, power or remedy accruing to Lender, any party to this Agreement upon any breach or default of Borrower any other party under this Credit Agreement or any other Loan Document, shall impair any such right, power, power or remedy of Lendersuch non defaulting party, nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default of or in any similar breach or default thereafter occurring; , nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, consent or approval of any kind or character on the part of Lender any party of any breach or default by Borrower under this Credit Agreement or any other Loan DocumentAgreement, or any waiver on the part of any party of any provisions or conditions of this Credit Agreement or any other Loan Document by LenderAgreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Delays and Omissions. No Except as expressly provided herein, no delay or omission to exercise any rightrights, power, or remedy accruing to Lender, any Holder or the Company upon any breach or default of Borrower a Holder or the Company, as the case may require, under this Credit Agreement or any other Loan Document, shall impair any such right, power, or remedy of Lendersuch party, nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent, or approval of any kind or character on the part of Lender any party hereto of any breach or default by Borrower under this Credit Agreement or any other Loan DocumentAgreement, or any waiver on the part of any party of any provisions or conditions of this Credit Agreement or any other Loan Document by LenderAgreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party party, shall be cumulative and not alternative.

Delays and Omissions. No Except as expressly provided in this Agreement, --------------------- no delay or omission to exercise any right, power, power or remedy accruing to Lenderany party hereto or their respective successors or assigns, upon any breach or default of Borrower by another party hereto under this Credit Agreement or any other Loan Document, shall impair any such right, power, power or remedy of Lendersuch first party or their respective successors or assigns, as the case may be, nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default of a waiver of or acquiescence in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring; provided, however, that this Section 6.11 shall not be interpreted to extend the date or time for any right, privilege or option beyond that expressly set forth elsewhere in this Agreement. Any waiver, permit, consent, consent or approval of any kind or character on the part of Lender any holder of any breach or default by Borrower under this Credit Agreement or any other Loan DocumentAgreement, or any waiver on the part of any holder of any provisions or conditions of this Credit Agreement or any other Loan Document by LenderAgreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party holder shall be cumulative and not alternative.

Delays and Omissions. No Except as expressly provided in this Agreement, --------------------- no delay or omission to exercise any right, power, power or remedy accruing to Lenderthe Company or Bartech or their respective successors or assigns, upon any breach or default of Borrower by another party hereto under this Credit Agreement or any other Loan Document, shall impair any such right, power, power or remedy of Lenderthe Company or Bartech or their respective successors or assigns, as the case may be, nor shall it be construed to be a waiver ofof any such breach or default, or an acquiescence intherein, any such breach or default of a waiver of or acquiescence in any similar breach or default thereafter occurring; nor shall 9 any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring; provided, however, that this Section 5.11 shall not be interpreted to extend the date or time for any right, privilege or option beyond that expressly set forth elsewhere in this Agreement. Any waiver, permit, consent, consent or approval of any kind or character on the part of Lender any holder of any breach or default by Borrower under this Credit Agreement or any other Loan DocumentAgreement, or any waiver on the part of any holder of any provisions or conditions of this Credit Agreement or any other Loan Document by LenderAgreement, must be made in writing, writing and shall be effective only to the extent specifically set forth in such writing. All remedies remedies, either under this Agreement or by law and or otherwise afforded to any party holder shall be cumulative and not alternative.