Common use of GENERAL WAIVER Clause in Contracts

GENERAL WAIVER. Guarantor hereby waives any benefit of and any right to participate in any security for the Loan. Lender, at its sole discretion and without any notice to Guarantor whatsoever, may exercise any right or remedy which Lender may have, and Guarantor agrees to pay the Indebtedness despite the loss of any rights that Guarantor may suffer or the accrual of any defenses that Guarantor may acquire as a result of any action, inaction, or election on the part of Lender or its agents, all of which rights and defenses are hereby waived by Guarantor. Guarantor acknowledges that Lender’s elections in the manner and timing of pursuing collection of the indebtedness and in foreclosing upon some or all of the security for the Loan may limit or destroy Guarantor’s rights and remedies (including Subrogation Rights) against Debtor, and Guarantor waives any rights Guarantor may have to require Lender to protect or preserve any of Guarantor’s rights and remedies as against Debtor and waive any defenses that Guarantor may have, whether based on estoppel or otherwise or on the loss of any right or remedy against Debtor (including Subrogation Rights). Without limiting the foregoing, Guarantor waives any rights and defenses arising out of any of the following: (1) the operation of Civil Code Sections 2845 and 2849. and Guarantor agrees to pay the Indebtedness despite Lender’s failure to proceed against Debtor or any other person, firm or corporation and despite Lender’s failure to exercise any right or remedy not otherwise available to Guarantor; (2) the failure of Lender to exercise diligence in collection or enforcement of the Loan; (3) the operation of any doctrine of laches or any statute of limitations affecting enforcement of the indebtedness against Debtor or affecting Guarantor’s liability hereunder, and Guarantor agrees to pay the Indebtedness without regard to the running of time; to the extent that such defenses are deemed not fully waivable, Guarantor agrees that payment of any portion of the Indebtedness or other act which tolls or defeats any defense of laches or defense under any statute of limitations applicable to Debtor shall similarly operate to toll and defeat such defenses applicable to the liability of Guarantor; (4) the unenforceability of any document or instrument executed by Lender or by Debtor; (5) all rights of subrogation, reimbursement, indemnification and contribution and any other rights and defenses that are or may become available to the Guarantor or other surety by reason of California Civil Code Sections 2787 to 2855, inclusive

GENERAL WAIVER. Guarantor hereby waives any benefit of and any right to participate in any security for the Loan. Lender, at its sole discretion and without any notice to Guarantor whatsoever, may exercise any right or remedy which Lender may have, and Guarantor agrees to pay the Indebtedness despite the loss of any rights that Guarantor may suffer or the accrual of any defenses that Guarantor may acquire as a result of any action, inaction, or election on the part of Lender or its agents, all of which rights and defenses are hereby waived by Guarantor. Guarantor acknowledges that Lender’s elections in the manner and timing of pursuing collection of the indebtedness and in foreclosing upon some or all of the security for the Loan may limit or destroy Guarantor’s rights and remedies (including Subrogation Rights) against Debtor, and Guarantor waives any rights Guarantor may have to require Lender to protect or preserve any of Guarantor’s rights and remedies as against Debtor and waive any defenses that Guarantor may have, whether based on estoppel or otherwise or on the loss of any right or remedy against Debtor (including Subrogation Rights). Without limiting the foregoing, Guarantor waives any rights and defenses arising out of any of the following: (1) the operation of Civil Code Sections 2845 and 2849. , and Guarantor agrees to pay the Indebtedness despite Lender’s failure to proceed against Debtor or any other person, firm or corporation and despite Lender’s failure to exercise any right or remedy not otherwise available to Guarantor; (2) the failure of Lender to exercise diligence in collection or enforcement of the Loan; (3) the operation of any doctrine of laches or any statute of limitations affecting enforcement of the indebtedness against Debtor or affecting Guarantor’s liability hereunder, and Guarantor agrees to pay the Indebtedness without regard to the running of time; to the extent that such defenses are deemed not fully waivable, Guarantor agrees that payment of any portion of the Indebtedness or other act which tolls or defeats any defense of laches or defense under any statute of limitations applicable to Debtor shall similarly operate to toll and defeat such defenses applicable to the liability of Guarantor; (4) the unenforceability of any document or instrument executed by Lender or by Debtor; (5) all rights of subrogation, reimbursement, indemnification and contribution and any other rights and defenses that are or may become available to the Guarantor or other surety by reason of California Civil Code Sections 2787 to 2855, inclusive

GENERAL WAIVER. Guarantor hereby The failure of CoastFed at any time or times hereafter to require Borrower to strictly comply with any of the provisions of this Loan Agreement or any Collateral Agreement or any other present or future agreement between Borrower and CoastFed shall not waive or diminish any right of CoastFed thereafter to demand and receive strict compliance therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto. None of the provisions of this Loan Agreement or any Collateral Agreement or other agreement now or hereafter executed by Borrower and delivered to CoastFed shall be deemed to have been waived by any act or knowledge of CoastFed or its agents or employees, but only by a specific written waiver signed by an officer of CoastFed and delivered to Borrower. Borrower waives any the benefit of and any right to participate all statute(s) of limitations in any security for the Loan. Lender, at its sole discretion and without any notice to Guarantor whatsoever, may exercise any right action or remedy which Lender may have, and Guarantor agrees to pay the Indebtedness despite the loss of any rights that Guarantor may suffer proceeding based upon or the accrual of any defenses that Guarantor may acquire as a result of any action, inaction, or election on the part of Lender or its agents, all of which rights and defenses are hereby waived by Guarantor. Guarantor acknowledges that Lender’s elections in the manner and timing of pursuing collection of the indebtedness and in foreclosing upon some or all of the security for the Loan may limit or destroy Guarantor’s rights and remedies (including Subrogation Rights) against Debtor, and Guarantor waives any rights Guarantor may have to require Lender to protect or preserve any of Guarantor’s rights and remedies as against Debtor and waive any defenses that Guarantor may have, whether based on estoppel or otherwise or on the loss of any right or remedy against Debtor (including Subrogation Rights). Without limiting the foregoing, Guarantor waives any rights and defenses arising out of this Loan Agreement or any of the following: (1) the operation of Civil Code Sections 2845 and 2849. and Guarantor agrees to pay the Indebtedness despite Lender’s failure to proceed against Debtor Collateral Agreement or any other present or future instrument or agreement between CoastFed and Borrower. Borrower waives any and all notices or demands which Borrower might be entitled to receive with respect to this Loan Agreement, any Collateral Agreement, or any other agreement by virtue of any applicable law. Borrower hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by CoastFed on which Borrower is or may in any way be liable, and notice of any action taken by CoastFed unless expressly required by this Loan Agreement or any Collateral Agreement. Borrower hereby ratifies and confirms whatever CoastFed may do pursuant to this Loan Agreement and any Collateral Agreement and agrees that CoastFed shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution in value thereof, from any cause whatsoever, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, firm or corporation and despite Lender’s failure to exercise (c) any right or remedy not otherwise available to Guarantor; (2) the failure act of Lender to exercise diligence in collection or enforcement of the Loan; (3) the operation of any doctrine of laches commission or any statute omission by CoastFed or its officers, employees, agents, or attorneys, or any of limitations affecting enforcement its or their errors of the indebtedness against Debtor judgment or affecting Guarantor’s liability hereunder, and Guarantor agrees to pay the Indebtedness without regard to the running mistakes of time; to the extent that such defenses are deemed not fully waivable, Guarantor agrees that payment of any portion of the Indebtedness fact or other act which tolls or defeats any defense of laches or defense under any statute of limitations applicable to Debtor shall similarly operate to toll and defeat such defenses applicable to the liability of Guarantor; (4) the unenforceability of any document or instrument executed by Lender or by Debtor; (5) all rights of subrogation, reimbursement, indemnification and contribution and any other rights and defenses that are or may become available to the Guarantor or other surety by reason of California Civil Code Sections 2787 to 2855, inclusivelaw.

GENERAL WAIVER. Guarantor hereby The failure of CoastFed at any time or times hereafter to require Borrower to strictly comply with any of the provisions of this Loan Agreement or any Collateral Agreement or any other present or future agreement between Borrower and CoastFed shall not waive or diminish any right of CoastFed thereafter to demand and receive strict compliance therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto. None of the provisions of this Loan Agreement or any Collateral Agreement or other agreement now or hereafter executed by Borrower and delivered to CoastFed shall be deemed to have been waived by any act or knowledge of CoastFed or its agents or employees, but only by a specific written waiver signed by an officer of CoastFed and delivered to Borrower. Borrower waives any the benefit of and any right to participate all statute(s) of limitations in any security for the Loan. Lender, at its sole discretion and without any notice to Guarantor whatsoever, may exercise any right action or remedy which Lender may have, and Guarantor agrees to pay the Indebtedness despite the loss of any rights that Guarantor may suffer proceeding based upon or the accrual of any defenses that Guarantor may acquire as a result of any action, inaction, or election on the part of Lender or its agents, all of which rights and defenses are hereby waived by Guarantor. Guarantor acknowledges that Lender’s elections in the manner and timing of pursuing collection of the indebtedness and in foreclosing upon some or all of the security for the Loan may limit or destroy Guarantor’s rights and remedies (including Subrogation Rights) against Debtor, and Guarantor waives any rights Guarantor may have to require Lender to protect or preserve any of Guarantor’s rights and remedies as against Debtor and waive any defenses that Guarantor may have, whether based on estoppel or otherwise or on the loss of any right or remedy against Debtor (including Subrogation Rights). Without limiting the foregoing, Guarantor waives any rights and defenses arising out of this Loan Agreement or any of the following: (1) the operation of Civil Code Sections 2845 and 2849. and Guarantor agrees to pay the Indebtedness despite Lender’s failure to proceed against Debtor Collateral Agreement or any other present or future instrument or agreement between CoastFed and Borrower. Borrower waives any and all notices or demands which Borrower might be entitled to receive with respect to this Loan Agreement, any Collateral Agreement, or any other agreement by virtue of any applicable law. Borrower hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by CoastFed on which Borrower is or may in any way be liable, and notice of any action taken by CoastFed unless expressly required by this Loan Agreement or any Collateral Agreement. Borrower hereby ratifies and confirms whatever CoastFed may do pursuant to this Loan Agreement and any Collateral Agreement and agrees that CoastFed shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution in value thereof, from any cause whatsoever (except that CoastFed shall exercise reasonable care to assure the safe custody of Collateral in its possession), or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, firm or corporation and despite Lender’s failure to exercise (c) any right or remedy not otherwise available to Guarantor; (2) the failure act of Lender to exercise diligence in collection or enforcement of the Loan; (3) the operation of any doctrine of laches commission or any statute omission by CoastFed or its officers, employees, agents or attorneys, or any of limitations affecting enforcement its or their errors of the indebtedness against Debtor judgment or affecting Guarantor’s liability hereunder, and Guarantor agrees to pay the Indebtedness without regard to the running mistakes of time; to the extent that such defenses are deemed not fully waivable, Guarantor agrees that payment of any portion of the Indebtedness fact or other act which tolls or defeats any defense of laches or defense under any statute of limitations applicable to Debtor shall similarly operate to toll and defeat such defenses applicable to the liability of Guarantor; (4) the unenforceability of any document or instrument executed by Lender or by Debtor; (5) all rights of subrogation, reimbursement, indemnification and contribution and any other rights and defenses that are or may become available to the Guarantor or other surety by reason of California Civil Code Sections 2787 to 2855, inclusivelaw.

GENERAL WAIVER. Guarantor hereby waives any benefit of and any right to participate in any security for the Loan. Subject to the terms of the Loan Documents, Lender, at its sole discretion and without any notice to Guarantor whatsoever, may exercise any right or remedy which Lender may have, and Guarantor agrees to pay the Indebtedness despite the loss of any rights that Guarantor may suffer or the accrual of any defenses that Guarantor may acquire as a result of any action, inaction, or election on the part of Lender or its agents, all of which rights and defenses are hereby waived by Guarantor. Guarantor acknowledges that Lender’s elections in the manner and timing of pursuing collection of the indebtedness and in foreclosing upon some or all of the security for the Loan may limit or destroy Guarantor’s rights and remedies (including Subrogation Rights) against Debtor, and Guarantor waives any rights Guarantor may have to require Lender to protect or preserve any of Guarantor’s rights and remedies as against Debtor and waive any defenses that Guarantor may have, whether based on estoppel or otherwise or on the loss of any right or remedy against Debtor (including Subrogation Rights). Without limiting the foregoing, Guarantor waives any rights and defenses arising out of any of the following: (1A) the operation of Civil Code Sections 2845 and 2849. , and Guarantor agrees to pay the Indebtedness despite Lender’s failure to proceed against Debtor or any other person, firm or corporation and despite Lender’s failure to exercise any right or remedy not otherwise available to Guarantor;; Loan Guaranty Agreement Gladstone Land Corporation Gladstone Land Portfolio 75717251.4 0053564-00150 (2B) the failure of Lender to exercise diligence in collection or enforcement of the Loan; (3C) the operation of any doctrine of laches or any statute of limitations affecting enforcement of the indebtedness against Debtor or affecting Guarantor’s liability hereunder, and Guarantor agrees to pay the Indebtedness without regard to the running of time; to the extent that such defenses are deemed not fully waivable, Guarantor agrees that payment of any portion of the Indebtedness or other act which tolls or defeats any defense of laches or defense under any statute of limitations applicable to Debtor shall similarly operate to toll and defeat such defenses applicable to the liability of Guarantor; (4D) the unenforceability of any document or instrument executed by Lender or by Debtor; (5E) all rights of subrogation, reimbursement, indemnification and contribution and any other rights and defenses that are or may become available to the Guarantor or other surety by reason of California Civil Code Sections 2787 to 2855, inclusive