Common use of Forbearance and Waiver Clause in Contracts

Forbearance and Waiver. Provided, that (i) EasyLink executes the Forbearance Note, (ii) EasyLink complies with all terms and conditions of this Agreement, and (iii) no additional default occurs under the Lease, then GATX agrees that it shall forbear from exercising its remedies under the Lease until October 31, 2001 (the "Forbearance Period"). In the event EasyLink at any time fails to comply with clause (i), (ii) or (iii) hereinabove, GATX shall be entitled to immediately exercise any and all rights it may have under this Agreement and the Lease and may declare the Forebearance Note to be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of GATX's rights under the Lease or otherwise available to GATX at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Lease. GATX hereby expressly reserves all such remedies.

Forbearance and Waiver. Provided, Provided that (i) EasyLink executes the Forbearance Note, (ii) EasyLink complies with all terms and conditions of this Agreement, and (iii) no additional default occurs under the Lease, then GATX Pentech agrees that it shall forbear from exercising its remedies under the Lease until October 31, 2001 (the "Forbearance Period"). In the event EasyLink at any time fails to comply with clause (i), (ii) or (iii) hereinabove, GATX Pentech shall be entitled to immediately exercise any and all rights it may have under this Agreement and the Lease and may declare the Forebearance Note to be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of GATXPentech's rights under the Lease or otherwise available to GATX Pentech at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Lease. GATX Pentech hereby expressly reserves all such remedies.

Forbearance and Waiver. Provided, Provided that (i) EasyLink executes the Forbearance Note, (ii) EasyLink complies with all terms and conditions of this Agreement, and (iii) no additional default occurs under the Lease, then GATX Xxxxxxxx agrees that it shall forbear from exercising its remedies under the Lease until October 31, 2001 (the "Forbearance Period"). In the event EasyLink at any time fails to comply with clause (i), (ii) or (iii) hereinabove, GATX Xxxxxxxx shall be entitled to immediately exercise any and all rights it may have under this Agreement and the Lease and may declare the Forebearance Note to be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of GATX's Xxxxxxxx'x rights under the Lease or otherwise available to GATX Xxxxxxxx at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Lease. GATX Xxxxxxxx hereby expressly reserves all such remedies.

Forbearance and Waiver. Provided, Provided that (i) EasyLink executes the Forbearance Note, (ii) EasyLink complies with all terms and conditions of this Agreement, and (iii) no additional default occurs under the Lease, then GATX LTI agrees that it shall forbear from exercising its remedies under the Lease until October 31November 30, 2001 (the "Forbearance Period"). In the event EasyLink at any time fails to comply with clause (i), (ii) or (iii) hereinabove, GATX LTI shall be entitled to immediately exercise any and all rights it may have under this Agreement and the Lease and may declare the Forebearance Note to be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of GATXLTI's rights under the Lease or otherwise available to GATX LTI at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Lease. GATX LTI hereby expressly reserves all such remedies.