Common use of Forbearance by Lender Not a Waiver Clause in Contracts

Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Lender's acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the Loan, nor shall Lender's receipt of any awards, proceeds, or damages under Section 4 of the Mortgage operate to cure or waive Borrower's default in payment of sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to Borrower.

Forbearance by Lender Not a Waiver. Any forbearance by Lender in --------------------------------------- exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Lender's acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the Loan, nor shall Lender's receipt of any awards, proceeds, or damages under Section 4 of the any Mortgage operate to cure or waive Borrower's or Guarantor's ----- default in payment of sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to Borrower.

Forbearance by Lender Not a Waiver. Any forbearance by Lender Agent and/or Lenders in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. LenderAgent's or Lenders' acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of LenderAgent's or Lenders' right to either require prompt payment when due of all other sums so secured or to declare a default or an Event of Default, as applicable, for failure to make prompt paymenta payment when due under any of the Loan Documents. The procurement of insurance or the payment of taxes or other liens or charges by Lender Agent or Lenders in accordance with the terms and conditions of any of the Loan Documents, shall not be a waiver of LenderAgent's or Lenders' right to accelerate the maturity of the Loan, nor shall LenderAgent's or Lenders' receipt of any awards, proceeds, or damages under Section 4 of the Mortgage Mortgages or Leasehold Mortgages operate to cure or waive BorrowerBorrowers' or Guarantor's default in payment of sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender and in accordance with Section 9.16 below shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to BorrowerAgent and Lenders.

Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Lender's acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the LoanIndebtedness, nor shall Lender's receipt of any awards, proceeds, proceeds or damages under Section 4 of the Mortgage Paragraph 5 hereof operate to cure or waive Borrower's default in payment of sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to Borrower.

Forbearance by Lender Not a Waiver. Any forbearance by Lender in --------------------------------------- exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Lender's acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the Loan, nor shall Lender's receipt of any awards, proceeds, or damages under Section 4 of the any Mortgage operate to cure or waive a Borrower's, an Operator's ----- or Guarantor's default in payment of sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to Borrower.

Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Lender's acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the Loan, nor shall Lender's receipt of any awards, proceeds, proceeds or damages under Section 4 of the Mortgage operate to cure or waive Borrower's or any Guarantor's default in payment of or sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to Borrower.

Forbearance by Lender Not a Waiver. Any forbearance by Lender Agent and/or Lenders in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. LenderAgent's or Lenders' acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of LenderAgent's or Lenders' right to either require prompt payment when due of all other sums so secured or to declare a default or an Event of Default, as applicable, for failure to make prompt paymenta payment when due under any of the Loan Documents. The procurement of insurance or the payment of taxes or other liens or charges by Lender Agent or Lenders in accordance with the terms and conditions of any of the Loan Documents, shall not be a waiver of LenderAgent's or Lenders' right to accelerate the maturity of the Loan, nor shall LenderAgent's or Lenders' receipt of any awards, proceeds, or damages under Section 4 of the Mortgage Mortgages operate to cure or waive BorrowerBorrowers' or Guarantor's default in payment of sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender and in accordance with Section 10.16 below shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to BorrowerAgent and Lenders.

Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Lender's ’s acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Lender's ’s right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's ’s right to accelerate the maturity of the LoanIndebtedness, nor shall Lender's ’s receipt of any awards, proceeds, proceeds or damages under Section 4 of the Mortgage Paragraph 5 hereof operate to cure or waive Borrower's ’s default in payment of or sums secured by any of the Loan Documents. With respect to all Loan Documents, only waivers made in writing by Lender shall be effective against Lender. Lender may, in its sole discretion, waive, temporarily or permanently, any condition to the making of the Loan or any other term in any of the Loan Documents, by delivering a written confirmation thereof to Borrower.