Common use of EFFECT OF WAIVERS Clause in Contracts

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this Agreement; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this Agreement; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreements, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this Agreement. Guarantor recognizes, acknowledges and agrees that Dyne is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making of the Loan by Dyne, and is relying upon the full enforceability of each of the provisions of this Agreement (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne would not be willing to make the Loan.

EFFECT OF WAIVERS. Guarantor hereby recognizesGrantor has waived, acknowledges and/or does by these presents waive, presentment for payment, protest, notice of protest and agreesnotice of nonpayment under all of the Indebtedness secured by this Agreement. Grantor has further waived, as and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to each provision the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of this Agreement the Indebtedness, on a "solidary" or "joint and several" basis. Grantor further agrees that sets forth any waiver, relinquishment and/or discharge or release by Guarantor of any claimparty who is, defense 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 right collateral that is not expressly released by Lender. Grantor additionally agrees that Lxxxxx's acceptance of Guarantorpayments other than in accordance with the terms of any agreement, or that sets forth agreements governing repayment of the Indebtedness, or Lxxxxx's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other waiverparty or parties guaranteeing payment of the Indebtedness, relinquishment from their respective obligations to Lender, and/or release by Guarantor: that, as a result of such provision, at releasing any of the date of this Agreement or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses Collateral or other rights collateral directly or indirectly securing repayment of partial the Indebtedness. In addition, no course of dealing between Grantor and Lender, nor any failure or complete exoneration of Guarantor's liability under this Agreement which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this Agreement; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement (including specifically, but without limitation, each waiver, relinquishment and release delay on the part of Guarantor provided for herein and Lender to exercise any of the rights Guarantor would and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor and Lender, shall have had but for such waiversthe effect of waiving any of Lender's rights and remedies. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lxxxxx's other rights and remedies, relinquishments it being Grantor's intent and releases)agreement that Lxxxxx's rights and remedies shall be cumulative in nature. Gxxxxxx further agrees that, and that Guarantor has fully analyzedupon the occurrence of any Event of Default under this Agreement, with full advice and assistance of such counsel, every provision of this Agreement (including specifically, but without limitation, every waiver, release and relinquishment any waiver or forbearance on the part of Guarantor provided for herein) for Lender to pursue the purpose rights and remedies available to Lender, shall be binding upon Lender only to the extent that Lxxxxx specifically agrees to any such waiver or forbearance in writing. A waiver or forbearance as to one Event of assessing Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the impact thereof upon Guarantor warranties, conditions, provisions and upon Guarantor's obligations and liabilities under this Agreement; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable terms contained in connection with the subject matter of 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, Lxxxxx's agents, officers or employees; but only by an instrument in connection with the Subject Agreements, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this Agreement. Guarantor recognizes, acknowledges and agrees that Dyne is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making of the Loan by Dyne, and is relying upon the full enforceability of each of the provisions of this Agreement (including specifically, but without limitation, each writing specifying such waiver, relinquishment signed by a duly authorized officer of Lender and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne would not be willing delivered to make the LoanGrantor.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Creditors are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Restructuring Agreement by Dynethe Secured Creditors, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Creditors would not be willing to make enter into the LoanRestructuring Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Parties are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Restructuring Agreement by Dynethe Secured Parties, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Parties would not be willing to make enter into the LoanRestructuring Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizesGrantor has waived, acknowledges and/or does by these presents waive, presentment for payment, protest, notice of protest and agreesnotice of nonpayment under all of the Indebtedness secured by this Agreement. Grantor has further waived, as and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to each provision the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of this Agreement the Indebtedness, on a "solidary" or "Joint and several" basis. Grantor further agrees that sets forth any waiver, relinquishment and/or discharge or release by Guarantor of any claimparty who is, defense 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 right collateral that Is not expressly released by Lender. Grantor additionally agrees that Lenders acceptance of Guarantorpayments other than In accordance with the terms of any agreement, or that sets forth agreements governing repayment of the Indebtedness, or Lender's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other waiverparty or parties guaranteeing payment of the Indebtedness, relinquishment from their respective obligations to Lender, and/or release by Guarantor: that, as a result of such provision, at releasing any of the date of this Agreement or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses Collateral or other rights collateral directly or indirectly securing repayment of partial the Indebtedness. In addition, no course of dealing between Grantor and Lender, nor any failure or complete exoneration of Guarantor's liability under this Agreement which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this Agreement; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement (including specifically, but without limitation, each waiver, relinquishment and release delay on the part of Guarantor provided for herein and Lender to exercise any of the rights Guarantor would and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor and Lender, shall have had but for such waiversthe effect of waiving any of Lender's rights and remedies. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies, relinquishments It being Grantor's Intent and releases)agreement that Lender's rights and remedies shall be cumulative In nature. Grantor further agrees that, and that Guarantor has fully analyzedupon the occurrence of any Event of Default under this Agreement, with full advice and assistance of such counsel, every provision of this Agreement (including specifically, but without limitation, every waiver, release and relinquishment any waiver or forbearance on the part of Guarantor provided for herein) for Lender to pursue the purpose rights and remedies available to Lender, shall be binding upon Lender only to the extent that Lender specifically agrees to any such waiver or forbearance In writing. A waiver or forbearance as to one Event of assessing Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the impact thereof upon Guarantor warranties, conditions, provisions and upon Guarantor's obligations and liabilities under this Agreement; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of 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, Lender's agents, officers or employees; but only by an Instrument in connection with the Subject Agreements, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this Agreement. Guarantor recognizes, acknowledges and agrees that Dyne is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making of the Loan by Dyne, and is relying upon the full enforceability of each of the provisions of this Agreement (including specifically, but without limitation, each writing specifying such waiver, relinquishment signed by a duly authorized officer of Lender and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne would not be willing delivered to make the LoanGrantor.

EFFECT OF WAIVERS. Guarantor hereby recognizesGrantor has waived, acknowledges and/or does by these presents waive, presentment for payment, protest, notice of protest and agreesnotice of nonpayment under all of the Indebtedness secured by this Agreement. Grantor has further waived, as and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to each provision the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of this Agreement the Indebtedness, on a "solidary" or "joint and several" basis. Grantor further agrees that sets forth any waiver, relinquishment and/or discharge or release by Guarantor of any claimparty who is, defense 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 of releasing any Collateral or other right Collateral that is not expressly released by Lender. Grantor additionally agrees that Lender's acceptance of Guarantorpayments other than in accordance with the terms of any agreement or agreements governing repayment of the Indebtedness, or that sets forth Lender's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other waiverparty or parties guaranteeing payment of the Indebtedness, relinquishment from their respective obligations to Lender, and/or release by Guarantor: that, as a result of such provision, at releasing any of the date of this Agreement or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses Collateral or other rights Collateral directly or indirectly securing repayment of partial the Indebtedness. In addition, no course of dealing between Grantor and Lender, nor any failure or complete exoneration of Guarantor's liability under this Agreement which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this Agreement; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement (including specifically, but without limitation, each waiver, relinquishment and release delay on the part of Guarantor provided for herein and Lender to exercise any of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities 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 to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies, it being Grantor's intent and agreement that Guarantor has made whatever investigations Lender's rights and inquiries it and/or its counsel have deemed necessary or advisable remedies shall be cumulative in connection with the subject matter of this Agreement and in connection with the Subject Agreements, and nature. Grantor further agrees that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement (and make upon the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations occurrence of any Event of Default under this Agreement. Guarantor recognizes, acknowledges and agrees that Dyne is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making of the Loan by Dyne, and is relying upon the full enforceability of each of the provisions of this Agreement (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne would not be willing to make the Loan.any waiver or forbearance

EFFECT OF WAIVERS. Guarantor hereby recognizesGrantor has waived, acknowledges and/or does by these presents waive, presentment for payment, protest, notice of protest, notice of nonpayment, notice of acceleration and agreesnotice of intent to accelerate under all of the Indebtedness secured by this Agreement. Grantor has further waived, as and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to each provision the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of this Agreement the Indebtedness, on a "solidary" or "joint and several" basis. Grantor further agrees that sets forth any waiver, relinquishment and/or discharge or release by Guarantor of any claimparty who is, defense 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 right collateral that is not expressly released by Lender. Grantor additionally agrees that Lender's acceptance of Guarantorpayments other than in accordance with the terms of any agreement, or that sets forth agreements governing repayment of the Indebtedness, or Lender's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other waiverparty or parties guaranteeing payment of the Indebtedness, relinquishment from their respective obligations to Lender, and/or release by Guarantor: that, as a result of such provision, at releasing any of the date of this Agreement or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses Collateral or other rights collateral directly or indirectly securing repayment of partial the Indebtedness. In addition, no course of dealing between Grantor and Lender, nor any failure or complete exoneration of Guarantor's liability under this Agreement which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this Agreement; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement (including specifically, but without limitation, each waiver, relinquishment and release delay on the part of Guarantor provided for herein and Lender to exercise any of the rights Guarantor would and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor and Lender, shall have had but for such waiversthe effect of waiving any of Lender's rights and remedies. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies, relinquishments it being Grantor's intent and releases)agreement that Lender's rights and remedies shall be cumulative in nature. Grantor further agrees that, and that Guarantor has fully analyzedupon the occurrence of any Event of Default under this Agreement, with full advice and assistance of such counsel, every provision of this Agreement (including specifically, but without limitation, every waiver, release and relinquishment any waiver or forbearance on the part of Guarantor provided for herein) for Lender to pursue the purpose rights and remedies available to Lender, shall be binding upon Lender only to the extent that Lender specifically agrees to any such waiver or forbearance in writing. A waiver or forbearance as to one Event of assessing Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the impact thereof upon Guarantor warranties, conditions, provisions and upon Guarantor's obligations and liabilities under this Agreement; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable terms contained in connection with the subject matter of 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, Lender's agents, officers or employees; but only by an instrument in connection with the Subject Agreements, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this Agreement. Guarantor recognizes, acknowledges and agrees that Dyne is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making of the Loan by Dyne, and is relying upon the full enforceability of each of the provisions of this Agreement (including specifically, but without limitation, each writing specifying such waiver, relinquishment signed by a duly authorized officer of Lender and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne would not be willing delivered to make the Loan.Grantor. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it she and/or its her counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Creditors are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Extension Agreement by Dynethe Secured Creditors, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Creditors would not be willing to make enter into the LoanExtension Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizesGrantor has waived, acknowledges and/or does by these presents waive, presentment tor payment, protest, notice of protest and agreesnotice of nonpayment under all of the Indebtedness secured by this Agreement. Grantor has further waived, as and/or does by these presents waive, all pleas of division and discussion, and all similar rights with regard to each provision the Indebtedness, and agrees that Grantor shall remain liable, together with any and all Guarantors of this Agreement the Indebtedness, on a "solidary" or "joint and several" basis. Grantor further agrees that sets forth any waiver, relinquishment and/or discharge or release by Guarantor of any claimparty who is, defense may, or w ill 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 right collateral that is not expressly released by Lender. Grantor additionally agrees that Lxxxxx's acceptance of Guarantorpayments other than in accordance with the terms of any agreement, or that sets forth agreements governing repayment of the Indebtedness, or Lxxxxx's subsequent agreement to extend or modify such repayment terms, shall likewise not have the effect of releasing Grantor, and/or any other waiverparty or parties guaranteeing payment of the Indebtedness, relinquishment from their respective obligations to Lender, and/or release by Guarantor: that, as a result of such provision, at releasing any of the date of this Agreement or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses Collateral or other rights collateral directly or indirectly securing repayment of partial the Indebtedness. In addition, no course of dealing between Grantor and Lender, nor any failure or complete exoneration of Guarantor's liability under this Agreement which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this Agreement; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement (including specifically, but without limitation, each waiver, relinquishment and release delay on the part of Guarantor provided for herein and Lender to exercise any of the rights Guarantor would and remedies granted to Lender under this Agreement, or under any other agreement or agreements by and between Grantor and Lender, shall have had but for such waiversthe effect of waiving any of Lender 's rights and remedies. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lxxxxx's other rights and remedies, relinquishments it being Grantor's intent and releases)agreement that Lxxxxx's rights and remedies shall be cumulative in nature. Gxxxxxx further agrees that, and that Guarantor has fully analyzedupon the occurrence of any Event of Default under this Agreement, with full advice and assistance of such counsel, every provision of this Agreement (including specifically, but without limitation, every waiver, release and relinquishment any waiver or forbearance on the part of Guarantor provided for herein) for Lender to pursue the purpose rights and remedies available to Lender, shall be binding upon Lender only to the extent that Lxxxxx specifically agrees to any such waiver or forbearance in writing. A waiver or forbearance as to one Event of assessing Default shall not constitute a waiver or forbearance as to any other Event of Default. None of the impact thereof upon Guarantor warranties, conditions, provisions and upon Guarantor's obligations and liabilities under this Agreement; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable terms contained in connection with the subject matter of 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, Lxxxxx's agents, officers or employees; but only by an instrument in connection with the Subject Agreements, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this Agreement. Guarantor recognizes, acknowledges and agrees that Dyne is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making of the Loan by Dyne, and is relying upon the full enforceability of each of the provisions of this Agreement (including specifically, but without limitation, each writing specifying such waiver, relinquishment signed by a duly authorized officer of Lender and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne would not be willing delivered to make the LoanGrantor.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it he and/or its his counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Parties are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Restructuring Agreement by Dynethe Secured Parties, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Parties would not be willing to make enter into the LoanRestructuring Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne Beneficiary is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with providing credit support to the making of the Loan by Dyne, Borrowers and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne Beneficiary would not be willing to make provide such credit support to the LoanBorrowers.