Defenses Waived To the fullest extent permitted by applicable law, each Loan Guarantor hereby waives any defense based on or arising out of any defense of the Borrower or any Loan Guarantor or the unenforceability of all or any part of the Guaranteed Obligations from any cause, or the cessation from any cause of the liability of the Borrower, any Loan Guarantor or any other Obligated Party, other than the Payment in Full of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Loan Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and, to the fullest extent permitted by law, any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against any Obligated Party, or any other Person. Each Loan Guarantor confirms that it is not a surety under any state law and shall not raise any such law as a defense to its obligations hereunder. The Administrative Agent may, at its election, foreclose on any Collateral held by it by one or more judicial or nonjudicial sales, accept an assignment of any such Collateral in lieu of foreclosure or otherwise act or fail to act with respect to any collateral securing all or a part of the Guaranteed Obligations, compromise or adjust any part of the Guaranteed Obligations, make any other accommodation with any Obligated Party or exercise any other right or remedy available to it against any Obligated Party, without affecting or impairing in any way the liability of such Loan Guarantor under this Loan Guaranty, except to the extent the Guaranteed Obligations have been Paid in Full. To the fullest extent permitted by applicable law, each Loan Guarantor waives any defense arising out of any such election even though that election may operate, pursuant to applicable law, to impair or extinguish any right of reimbursement or subrogation or other right or remedy of any Loan Guarantor against any Obligated Party or any security.
Fee Waiver For the term of this Agreement, WTAM agrees to reduce its Management Fee to the percentage of the Fund’s average daily net assets shown in Schedule A.
Xx Waiver The failure of any Party to insist upon or enforce strict performance by any other Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather the same shall be and remain in full force and effect.
F2 Waiver The failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by the Contract.
Fees, etc On the Initial Borrowing Date, the Borrower shall have paid to the Administrative Agent and each Lender all costs, fees and expenses (including, without limitation, reasonable legal fees and expenses) and other compensation contemplated hereby payable to the Administrative Agent or such Lender to the extent then due.
Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2
Amendments; Waiver This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.
Fees Payable A) Our fee does NOT include other costs which are part of the migration process such as Immigration application lodging fees, medical and police checks, translation of documents, etc. As part of the Service (s) which is/are provided to you, an approximate indication of the fees which form part of the process will be set out for you, together with clarification as to when these costs are due.
A) Points Based System: We evaluate your profile and allot points after which if the visa is rejected for scoring less point than the requirement.
B) However, we do not guarantee any client about getting an ITA (invitation to apply as it is the independent decision of the Immigration commission)
C) The documentation submitted to the embassy is considered as inappropriate filing after getting an ITA we refund the consultancy fee.
D) In case of CAP closures or any changes in eligibility criteria of PR process or in any change of rules in PR process before or after file submission, we will keep your profile on hold and wait for next notification from respected authority regarding process till your agreement maturity date.
A) If you sign up the service & change your mind later and decide to withdraw.
B) If you do not wish to continue with our services for personal reasons.
C) If you fail to submit the required documents within 60 days of sign up
D) Failure to provide required documents within 60 working day, then First Party has right to place the case on temporarily hold, and even after temporary hold, if the Second Party do not submit the required documents to file the application, then First Party has right to close the case Permanently.
E) The job bank profile promotion service doesn't guarantee profile selection by employers, however BOCCS will put their best efforts to get a response in case there is no response the refund clause is not applicable and client cannot claim for refund.
F) In case of negative result being delivered by WES department as the educational Documentation approval is there independent decision.
G) In case of any candidate is unable to reach the respective IELTS benchmark as required.
H) In case in case the rules are changed by the respective immigration agencies or closure of cap, however, you can shift to a different process if clients profile is qualified.
I) 100% non-refundable if failure of medicals by the client or his or her family members included in the application.
J) Failure to provide a genuine Police Clearance Certificate, which is not less than 6 months old.
K) Failure to prove sufficient funds for settlement or maintenance by the client or his or her family members included in the application.
L) Submission of fraudulent documents.
M) Process conversion is eligible if at least 80% of the documents are submitted within 2 months from the date of signup.
N) Prior violation of any immigration or visa law by the client or any of his or her family members included in the application.
O) Late submission of any additional documents requested by the consulate at a later stage. All the refund cases would be cleared with in 90 days. To claim refund, the rejection letters (including letter after re-appeal) needs to be produced.
Payment of accrued default interest Subject to the other provisions of this Agreement, any interest due under this Clause shall be paid on the last day of the period by reference to which it was determined; and the payment shall be made to the Agent for the account of the Creditor Party to which the overdue amount is due.
Termination Amendment Waiver 49 Section 8.1 Termination.................................................. 49 Section 8.2
