Common use of Indulgences, Not Waivers Clause in Contracts

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to any estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise by Lender of any right, remedy, power or privilege preclude any other or further exercise by Lender of the same or of any other right, remedy, power, or privilege; nor shall any waiver by Lender of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 4 contracts

Samples: Assignment and Security Agreement (Koger Equity Inc), Secured Revolving Credit and Letter of Credit Facility (Digital Recorders Inc), Security Agreement (Voip Inc)

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Indulgences, Not Waivers. Neither the failure nor any delay on the part of Lender Agent to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to any estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise by Lender Agent of any right, remedy, power or privilege preclude any other or further exercise by Lender Agent of the same or of any other right, remedy, power, or privilege; nor shall any waiver by Lender Agent of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 2 contracts

Samples: Guarantor Security Agreement (Danka Business Systems PLC), Security Agreement (Eltrax Systems Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to any estoppel, nor be construed as an agreement to modify the terms of this AgreementGuaranty, nor shall any single or partial exercise by Lender of any right, remedy, power or privilege preclude any other or further exercise by Lender of the same or of any other right, remedy, power, or privilege; nor shall any waiver by Lender of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 2 contracts

Samples: Guaranty (Voip Inc), Guaranty (Voip Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Lender a party to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to any estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise by Lender a party of any right, remedy, power or privilege preclude any other or further exercise by Lender a party of the same or of any other right, remedy, power, or privilege; nor shall any waiver by Lender a party of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Security Agreement (Lakeland Industries Inc)

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Indulgences, Not Waivers. Neither the failure nor any delay on the part of Lender Comdisco to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to any estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise by Lender Comdisco of any right, remedy, power or privilege preclude any other or further exercise by Lender Comdisco of the same or of any other right, remedy, power, or privilege; nor shall any waiver by Lender Comdisco of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Security Agreement (Princeton Review Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Lender any Secured Party to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to any estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise by Lender any Secured Party of any right, remedy, power or privilege preclude any other or further exercise by Lender such Secured Party of the same or of any other right, remedy, power, or privilege; nor shall any waiver by Lender any Secured Party of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Security Agreement (Superior Essex Inc)

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