Limitations on Waiver. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the party waiving the breach.
Limitations on Waiver. The failure of EMRA or the Company to enforce at any time any of the provisions of this License shall in no way be construed to be a waiver of the provision or any part thereof or the right of any Party thereafter to enforce each and every part of the provision in respect of any subsequent default or breach.
(a) The rights of each Party under this License:
(i) may be exercised as often as necessary;
(ii) shall be the exclusive and sole remedies of the Parties with respect to any breach, default, or Notice of termination under this License or any dispute relating thereto or otherwise relating to this License or its subject matter; and
Limitations on Waiver. The failure of any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of the provision or any part thereof or the right of any Party thereafter to enforce each and every part of the provision in respect of any subsequent default or breach.
Limitations on Waiver. No course of dealing among or between Southgate and the City, no waiver by any or all of the Parties hereto, and no refusal or neglect of any of the Parties hereto, in exercising any rights hereunder or in enforcing compliance with the terms of this Agreement, shall constitute a waiver of any provision herein unless such power is expressed in writing by the waiving Party.
Limitations on Waiver. To induce the Required Lenders to agree to the terms of Section 3.1, the Borrower agrees that: (a) the Lien described on Schedule 6.02 in the Borrower's assets in favor of Bankers/Softech Division of EAB Leasing Corp. shall not at any time secure debt or other obligations in an aggregate amount in excess of $2,000,000; and (b) at no time shall both of the following have occurred: (i) Bankers/Softech Division of EAB Leasing Corp. or any Affiliate thereof have a perfected security interest in any collateral or asset of the Borrower or any Subsidiary (other than the property that is leased under the Borrower's lease agreement with EAB Leasing Corp.) and (ii) any judgment have been rendered against the Borrower or any Subsidiary in favor EAB Leasing Corp. or any of its Affiliates which shall remain undischarged for a period of five (5) or more Business Days during which execution shall not be effectively stayed, or any action (including without limitation self-help remedies) shall be legally taken by EAB Leasing Corp. or any of its Affiliates to attach, seize or levy upon any collateral or assets of the Borrower or any Subsidiary (other than the property that is leased under the Borrower's lease agreement with EAB Leasing Corp.) to enforce or collect the obligations of the Borrower or any Subsidiary. Furthermore, the Borrower agrees that the waiver specifically described herein shall not constitute and shall not be deemed a waiver of any other Default or Event of Default, whether arising as a result of the further violation the Violated Covenants or otherwise, or a waiver of any rights or remedies arising as a result of such other Defaults or Events of Default. The failure to comply with the Violated Covenants at any time other than as described above in the definition of Existing Defaults shall constitute an Event of Default. The failure of any representation, warranty or certification made or deemed made by or on behalf of the Borrower in connection with any Loan Document shall prove to have been incorrect any material respect when made or deemed made shall constitute an Event of Default.
Limitations on Waiver. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the party waiving the breach. I have read the foregoing Agreement and I accept and agree to the provisions it contains and hereby execute it voluntarily with full understanding of its consequences. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. EXECUTED this 9th day of September 2005, at King County, Washington. /s/ Xxxxxx X. Xxxxxx XXXXXX X. XXXXXX EXECUTED this 31st day of August 2005, at King County, Washington. /s/ Xxxxxx X. Xxxxxx ALASKA AIRLINES, INC. By Xxxxxx X. Xxxxxx, Its Vice President, Employee Services Date: September 9, 2005 Xxxxxxx X. Xxxx Chairman, President and Chief Executive Officer Alaska Airlines, Inc. 00000 Xxxxxxxxxxxxx Xxxx. Xxxxxxx, Xxxxxxxxxx 00000 Dear Xxxx: This is to advise you that, effective January 1, 2006, I hereby voluntarily retire from my position as Executive Vice President/Operations and any other capacity with Alaska Airlines, Inc. Sincerely yours, /s/ Xxxxxx X. Xxxxxx THIS CONSULTING AGREEMENT for independent contractor consulting services (“Consulting Agreement”) is made and entered into as of September 9, 2005, by and between Alaska Airlines, Inc. (the “Company”), a corporation, and Xxxxxx X. Xxxxxx (the “Contractor”), an individual. IT IS AGREED:
Limitations on Waiver. The failure of any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of the provision or any part thereof or the right of any Party thereafter to enforce each and every part of the provision in respect of any subsequent default or breach.
(a) The rights of each party under this Agreement:
(a) may be exercised as often as necessary;
(b) shall be the exclusive and sole remedies of the Parties with respect to any breach, default, or Notice of termination under this Agreement or any dispute relating thereto or otherwise relating to this Agreement or its subject matter; and
(c) may be waived only in writing and specifically.
Limitations on Waiver. Except for the specific waiver described in this Agreement, nothing contained herein shall be deemed to constitute a waiver of (a) any rights or remedies Lender may have under the Loan Agreement or any other Loan Document or under any law or (b) Borrower's obligation to comply fully with any duty, term, condition, obligation or covenant contained in the Loan Agreement and the other Loan Documents not specifically waived. The specific waiver and agreements set forth herein are effective only with respect to the Existing Default, and shall not obligate Lender to waive any other Event of Default, whether now existing or hereafter arising.
Limitations on Waiver. The waiver set forth in Section 3(a) shall be deemed to be a waiver by SRI under the provisions of Section 18.12 of the Franchise Agreement only as of the date of closing of the Purchase, and shall not prohibit, limit or otherwise modify SRDC's right to request such releases at a later date.
Limitations on Waiver. Lessee further covenants and agrees that if Lessor fails or neglects for any reason to take advantage of any of the terms hereof providing for the termination of this Lease or for the termination or forfeiture of Lessee’s Leasehold Estate, or if Lessor, having the right to declare this Lease terminated or the estate hereby demised, terminated or forfeited, shall fail so to do, any such failure or neglect of Lessor shall not be or be deemed or be construed to be waiver of any subsequently arising cause for the termination of this Lease or for the termination or forfeiture of Lessee’s Leasehold Estate, subsequently arising, or as a waiver of any of the covenants, terms or conditions of this Lease or of the performance thereof. None of the covenants, terms or conditions of this Lease can be waived except by the written consent of Lessor.
