Common use of EFFECT OF WAIVERS Clause in Contracts

EFFECT OF WAIVERS. Grantor has waived, and/or does by these presents waive, presentment for payment, protest, notice of protest and notice of nonpayment under all of the indebtedness secured by this Agreement. Grantor has further waived, and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of the Indebtedness, on a "solidary" or "joint and several" basis. Grantor further agrees that discharge or release of any party who is, may, or will be liable to Lender under any of the Indebtedness, or the release of the Collateral or any other collateral directly or indirectly securing repayment of the same, shall not have the effect of releasing or otherwise diminishing or reducing the actual or potential liability of Grantor and/or any other party or parties guaranteeing payment of the Indebtedness, who shall remain liable to Lender, and/or remain liable to Lender, and/or of releasing any Collateral or other collateral that Is not expressly released by Lender. Grantor additionally agrees that Xxxxxx's acceptance of payments other than in accordance with the terms of any agreement, or agreements governing repayment of the Indebtedness, or Xxxxxx's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other party or parties guaranteeing payment of the Indebtedness, from their respective obligations to Lender, and/or of releasing any of the Collateral or other collateral directly or indirectly securing repayment of the Indebtedness. In addition, no course of dealing between Grantor end Lender, nor any failure or delay on the part of Lender to exercise any of the rights and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor and Lender, shall have the effect of waiving any of Lender's rights and remedies. Any partial exercise of any rights and remedies granted 10 Lender shall furthermore not constitute a waiver of any of Xxxxxx's other fights and remedies, it being Grantor's intent and agreement that Xxxxxx's rights and remedies shall be cumulative in nature. Grantor further agrees that, upon the occurrence of any Event of Default under this Agreement, any waiver or forbearance on the pert of Lender to pursue the rights and remedies available to Lender, shall be binding upon Lender only to the extent that Xxxxxx specifically agrees to any such waiver or forbearance In writing. A waiver or forbearance as to one Event of Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the warranties, conditions, provisions and terms contained in this Agreement or any other agreement, document, or instrument now or hereafter executed by Grantor and delivered to Lender, shall be deemed to have been waived by any act or knowledge of Lender, Xxxxxx's agents, officers or employees; but only by an instrument in writing specifying such waiver, signed by a duly authorized officer of Lender and delivered to Grantor.

EFFECT OF WAIVERS. Grantor has waived, and/or does by these presents waive, presentment for payment, protest, notice of protest and notice of nonpayment under all of the indebtedness secured by this Agreement. Grantor has further waived, and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of the IndebtednessGuarantors, on a "solidary" or "joint Joint and several" basis. Grantor further agrees that discharge or release of any party who is, ,' may, or will be liable to Lender under any of the Indebtedness, or the release of the Collateral or any other collateral directly or indirectly Indirectly securing repayment of the same, shall not have the effect affect of releasing or otherwise diminishing or reducing the actual or potential liability of Grantor and/or any other party or parties guaranteeing payment of the Indebtednessindebtedness, who shall remain liable to Lender, and/or remain liable to Lender, and/or of releasing any Collateral or other collateral that Is is not expressly released by Lender. Grantor additionally agrees that XxxxxxLender's acceptance of payments other than in accordance with the terms of any agreement, agreement or agreements governing repayment of the Indebtednessindebtedness, or XxxxxxLender's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other party or parties guaranteeing payment of the Indebtedness, from their respective obligations to Lender, . and/or of releasing any of the Collateral or other collateral directly or indirectly securing repayment of the Indebtedness. In addition, no course of dealing between Grantor end and Lender, nor any failure or delay on the part of Lender to exercise any of the rights and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor and Lender, shall have the effect affect of waiving any of Lender's rights and remedies. Any partial exercise of any rights and remedies granted 10 to Lender shall furthermore not constitute a waiver of any of XxxxxxLender's other fights rights and remedies, it It being Grantor's intent Intent and agreement that XxxxxxLender's rights and remedies shall be cumulative in nature. Grantor further agrees that, upon the occurrence of any Event of Default under this Agreement, any waiver or forbearance on the pert part of Lender to pursue the rights and remedies available to Lender, shall be binding upon Lender only to the extent that Xxxxxx Lender specifically agrees to any such waiver or forbearance In writing. A waiver or forbearance as to one Event of Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the warranties, conditions, provisions and terms contained in In this Agreement or any other agreement, . document, or instrument now or hereafter executed by Grantor and delivered to Lender, shall be deemed to have been waived by any act or knowledge of Lender, Xxxxxx's Its agents, officers or employees; but only by an instrument in Instrument In writing specifying such waiver, signed by a duly authorized officer of Lender and delivered to Grantor.

EFFECT OF WAIVERS. Grantor has waived, and/or does by these presents waive, presentment for payment, protest, notice of protest and notice of nonpayment under all of the indebtedness secured by this Agreement. Grantor has further waived, and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of the Indebtedness, on a "solidary" or "joint and several" basis. Grantor further agrees that discharge or release of any party who is, may, or will be liable to Lender under any of the Indebtedness, or the release of the Collateral or any other collateral directly or indirectly securing repayment of the same, shall not have the effect of releasing or otherwise diminishing or reducing the actual or potential liability of Grantor and/or any other party or parties guaranteeing payment of the Indebtedness, who shall remain liable to Lender, and/or remain liable to Lender, and/or of releasing any Collateral or other collateral that Is not expressly released by Lender. Grantor additionally agrees that Xxxxxx's acceptance of payments other than in accordance with the terms of any agreement, or agreements governing repayment of the Indebtedness, or Xxxxxx's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other party or parties guaranteeing payment of the Indebtedness, from their respective obligations to Lender, and/or of releasing any of the Collateral or other collateral directly or indirectly securing repayment of the Indebtedness. In addition, no course of dealing between Grantor end Lender, nor any Any failure or delay on the part of Lender the Mortgagee to exercise any of the rights and remedies granted to Lender under this Agreement, Mortgage or under any other agreement or agreements by and between Grantor Borrower, Mortgagor and LenderMortgagee, shall not have the effect of waiving any of Lender's Mortgagee’s rights and remedies. Any partial exercise of any rights and remedies granted 10 Lender to Mortgagee shall furthermore not constitute a waiver of any of Xxxxxx's Mortgagee’s other fights rights and remedies, ; it being Grantor's Mortgagor’s intent and agreement that Xxxxxx's all of Mortgagee’s rights and remedies shall be cumulative in nature. Grantor further agrees thatFurthermore, upon any failure on the occurrence part of Mortgagee at any time or times hereafter to require strict performance by Mortgagor of any Event of Default under this Agreementthe provisions, warranties, terms and conditions contained herein or in any waiver other agreement, document or forbearance on the pert of Lender instrument now or hereafter executed by Mxxxxxxxx and delivered to pursue Mortgagee, shall not waive, affect, or diminish the rights of Mortgagee to thereafter demand strict compliance and remedies available performance therewith and with respect to Lenderall other provisions, shall be binding upon Lender only to the extent that Xxxxxx specifically agrees to any such waiver warranties, terms and conditions contained herein or forbearance In writing. A waiver or forbearance as to one Event of Default shall not constitute a waiver or forbearance as to any other Event of Defaulttherein. None of the warranties, conditions, provisions and terms contained in this Agreement Mortgage or any other agreement, document, or instrument now or hereafter executed by Grantor Mxxxxxxxx and delivered to LenderMortgagee, shall be deemed to have been waived by any act or knowledge of LenderMortgagee, Xxxxxx's its agents, directors, officers or employees; but only by an instrument in writing specifying such waiver, signed by a duly authorized officer of Lender Mortgagee and delivered to GrantorMortgagor. A waiver or forbearance on the part of Mortgagee as to one Event of Default shall not constitute a waiver or forbearance as to any other or subsequent default.

EFFECT OF WAIVERS. Grantor has waived, and/or does by these presents waive, presentment for payment, protest, notice of protest and notice of nonpayment under all of the indebtedness Indebtedness secured by this Agreement. Grantor has further waived, and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of the IndebtednessGuarantors, on a "“solidary" ” or "“joint and several" ” basis. Grantor further agrees that discharge or release of any party who is, may, or will be liable to Lender under any of the Indebtedness, or the release of the Collateral or any other collateral directly or indirectly securing repayment of the same, shall not have the effect of releasing or otherwise diminishing or reducing the actual or potential liability of Grantor and/or any other party or parties guaranteeing payment of the Indebtedness, who shall remain liable to Lender, and/or remain liable to Lender, and/or of releasing any Collateral or other collateral that Is is not expressly released by Lender. Grantor additionally agrees that Xxxxxx's Lender’s acceptance of payments other than in accordance with the terms of any agreement, agreement or agreements governing repayment of the Indebtedness, or Xxxxxx's Lender’s subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other party or parties guaranteeing payment of the Indebtedness, from their respective obligations to Lender, and/or of releasing any of the Collateral or other collateral directly or indirectly securing repayment of the Indebtedness. In addition, no course of dealing between Grantor end LenderLender and Grantor, nor not any failure or delay on the part of Lender to exercise any of the rights and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor Lender and LenderGrantor, shall have the effect of waiving any of Lender's ’s rights and remedies. Any partial exercise of any rights and remedies granted 10 to Lender shall furthermore not constitute a waiver of any of Xxxxxx's Lender’s other fights rights and remedies, it being Grantor's ’s intent and agreement that Xxxxxx's Lender’s rights and remedies shall be cumulative in nature. Grantor further agrees that, upon the occurrence of any Event of Default under this Agreement, any waiver or forbearance on the pert part of Lender to pursue the rights and remedies available to Lender, shall be binding upon Lender only to the extent that Xxxxxx Lender specifically agrees to any such waiver or forbearance In in writing. A waiver or forbearance as to one Event of Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the warranties, conditions, provisions and terms contained in this Agreement or any other agreement, document, or instrument now or hereafter executed by Grantor and delivered to Lender, shall be deemed to have been waived by any act or knowledge of Lender, Xxxxxx's its agents, officers or employees; but only by an instrument in writing specifying such waiver, signed by a duly authorized officer of Lender and delivered to Grantor.

EFFECT OF WAIVERS. Grantor has waived, and/or does by these presents waive, presentment for payment, protest, notice of protest and notice of nonpayment under all of the indebtedness Indebtedness secured by this Agreement. Grantor has further waived, and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of the IndebtednessGuarantors, on a "solidary" or "joint and several" basis. Grantor further agrees that discharge or release of any party who is, may, or will be liable to Lender under any of the Indebtedness, or the release of the Collateral or any other collateral directly or indirectly securing repayment of the same, shall not have the effect of releasing or otherwise diminishing or reducing the actual or potential liability of Grantor and/or any other party or parties guaranteeing payment of the Indebtedness, who shall remain liable to Lender, and/or remain liable to Lender, and/or of releasing any Collateral or other collateral that Is is not expressly released by Lender. Grantor additionally agrees that XxxxxxLender's acceptance of payments other than in accordance with the terms of any agreement, agreement or agreements governing repayment of the Indebtedness, or XxxxxxLender's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other party or parties guaranteeing payment of the Indebtedness, from their respective obligations to Lender, and/or of releasing any of the Collateral or other collateral directly or indirectly securing repayment of the Indebtedness. In addition, no course of dealing between Grantor end and Lender, nor any failure or delay on the part of Lender to exercise any of the rights and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor and Lender, shall have the effect of waiving any of Lender's rights and remedies. Any partial exercise of any rights and remedies granted 10 to Lender shall furthermore not constitute a waiver of any of XxxxxxLender's other fights rights and remedies, it being Grantor's intent and agreement that XxxxxxLender's rights and remedies shall be cumulative in nature. Grantor further agrees that, upon the occurrence of any Event of Default under this Agreement, any waiver or forbearance on the pert part of Lender to pursue the rights and remedies available to Lender, shall be binding upon Lender only to the extent that Xxxxxx Lender specifically agrees to any such waiver or forbearance In in writing. A waiver or forbearance as to one Event of Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the warranties, conditions, provisions and terms contained in this Agreement or any other agreement, document, or instrument now or hereafter executed by Grantor and delivered to Lender, shall be deemed to have been waived by any act or knowledge of Lender, Xxxxxx's its agents, officers or employees; but only by an instrument in writing specifying such waiver, signed by a duly authorized officer of Lender and delivered to Grantor.. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: 12