No Release or Waiver. Regardless of Landlord's consent, no subletting or assignment shall release Tenant from Tenant's obligation or alter the primary liability of Tenant to pay the rent and to perform all other obligations to be performed by Tenant hereunder. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Tenant or any successor of Tenant in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against said assignee. Landlord may consent to subsequent assignments or subletting hereof or amendments or modifications to this Lease with assignees of Tenant, without notifying Tenant, or any successor of Tenant, and without obtaining its or their consent thereto and such action shall not relieve Tenant of liability hereunder.
No Release or Waiver. 4.5.17.1 No Change Order granted hereunder shall release DB Contractor’s Surety from its obligations. Maintenance Services shall continue and be carried out in accordance with all the provisions of the CMC Documents and this Capital Maintenance Contract shall be and shall remain in full force and effect, unless formally suspended or terminated by TxDOT in accordance with the terms hereof.
4.5.17.2 The performance and acceptance of any part of the Maintenance Services or materials specified by this Capital Maintenance Contract after the date fixed for such performance, shall not be deemed to be a waiver by TxDOT of its right to terminate this Capital Maintenance Contract for abandonment or failure to complete within the time specified (as it may have been extended) or to impose and deduct damages as may be provided.
4.5.17.3 No course of conduct or dealings between the Parties nor express or implied acceptance of alterations or additions to the Maintenance Services, and no claim that TxDOT has been unjustly enriched shall be the basis for any claim, request for additional compensation or time extension. Further, DB Contractor shall undertake, at its risk, work included in any request, order or other authorization issued by a Person in excess of that Person’s authority as provided herein, or included in any oral request. DB Contractor shall be deemed to have performed such work as a volunteer and at its sole risk and cost. In addition, TxDOT may require DB Contractor to remove or otherwise undo any such work, at DB Contractor’s sole risk and cost.
No Release or Waiver. No delay in exercising or non-exercise by the Security Trustee of any of its rights, powers or remedies provided by law or under or in connection with this Deed shall impair such rights, powers or remedies or operate as a waiver or release of that right. Any waiver or release must be specifically granted in writing signed by an authorised signatory of the Security Trustee and shall:
(a) be confined to the specific circumstances in which it is given;
(b) not affect any other enforcement of the same or any other right; and
(c) except to the extent set forth therein, be revocable at any time in writing.
No Release or Waiver. Indemnitor has not and will not release or waive the liability of any previous owner, lessee or operator of the Property, or any other person or entity potentially responsible under applicable Environmental Laws for the presence or removal of Hazardous Substances on or from the Property, and Indemnitor has made no promises of indemnification regarding Hazardous Substances to any person or entity other than Lender.
No Release or Waiver. Neither the provisions of, nor consummation of the transactions contemplated by, this Section 9 shall constitute a release or waiver of any claims or rights which the Partnership or any Partner may have against the Partnership or any of the Partners as a consequence of a breach of this Agreement.
No Release or Waiver. No instrument of release or waiver has been executed in connection with the Mortgage Loan, and no Mortgagor has been released, in whole or in part, from his or her obligations under the related Mortgage, Mortgage Note and other related documents.
No Release or Waiver. 11.3.1 No extension of time granted hereunder shall release Fabricator’s Surety from its obligations. Work shall continue and be carried on in accordance with all the provisions of the Agreement and the Agreement shall be and shall remain in full force and effect during the continuance and until Final Acceptance unless formally suspended or terminated by TxDOT in accordance with the terms hereof. Permitting Fabricator to finish the Work or any part thereof after the Delivery Deadline, or the making of payments to Fabricator after such date, shall not constitute a waiver on the part of TxDOT of any rights under the Agreement.
11.3.2 Neither the grant of an extension of time beyond the date fixed for the completion of any part of the Work, nor the performance and acceptance of any part of the Work or materials specified by the Agreement after the Delivery Deadline, shall be deemed to be a waiver by TxDOT of its right to terminate the Agreement for abandonment or failure to complete within the time specified (as it may have been extended) or to impose and deduct damages as may be provided.
11.3.3 No course of conduct or dealings between the parties nor express or implied acceptance of alterations or additions to the Work, and no claim that TxDOT has been unjustly enriched shall be the basis for any claim, request for additional compensation or extension of a Delivery Deadline. Further, Fabricator shall undertake, at its risk, work included in any request, order or other authorization issued by a person in excess of that person's authority as provided herein, or included in any oral request. Fabricator shall be deemed to have performed such work as a volunteer and at its sole cost. In addition, TxDOT may require Fabricator to remove or otherwise undo any such work, at Fabricator’s sole cost.
No Release or Waiver. (a) No transfer or renewal, extension, assignment or termination of this Agreement, any Note or of the Purchase Agreement or of any other Transaction Document, or additional extensions of credit made by the Collateral Agent to any Debtor, or the taking of further security, nor the retaking or re-delivery of the Collateral by the Collateral Agent, or any other act of the Collateral Agent, shall release any Debtor from, or waive any Obligation, except a release or waiver executed in writing by the Collateral Agent in accordance with the Purchase Agreement with respect to such Obligation or upon full payment and satisfaction of all Obligations (other than contingent indemnification obligations for which no claim has been made). Nothing set forth in this Agreement or any other Transaction Document, nor the exercise by the Collateral Agent of any of the rights or remedies hereunder, shall relieve any Debtor from the performance of any term, covenant, condition or agreement on such Debtor’s part to be performed or observed under or in respect of any of the Collateral.
(b) In connection with any termination or release pursuant to clause (a) above, the Collateral Agent shall promptly execute and deliver to the Debtors, at the Debtors’ expense, all UCC termination statements and similar documents that the Debtors shall reasonably request to evidence such termination or release. Any execution and delivery of documents pursuant to this Section 13 shall be without recourse to or representation or warranty by the Collateral Agent. The Debtors shall reimburse the Collateral Agent for all costs and expenses, including the fees, charges and expenses of counsel, incurred by it in connection with any action contemplated by this Section 13 pursuant to Section 9.2 of the Purchase Agreement.
(c) Anything herein to the contrary notwithstanding, subject to any applicable law, the Collateral Agent shall not have any obligation or liability under any contracts, agreements and other documents included in the Collateral by reason of this Agreement, nor shall the Collateral Agent be obligated to perform any of the obligations or duties of any Debtor thereunder or to take any action to collect or enforce any such contract, agreement or other document included in the Collateral hereunder.
No Release or Waiver. 14.16.1 No extension of time granted hereunder shall release or discharge any Surety or Guarantor from its obligations. Development Work shall continue and be carried on in accordance with all the provisions of the Contract Documents, unless formally suspended or annulled in accordance with the terms hereof. Permitting Design/Builder to finish the Development Work or any part thereof after the applicable Completion Deadline or the applicable Acceptance Deadline, or the making of payments to Design/Builder after such date, shall not constitute a waiver on the part of the Alamo RMA of any rights under this Agreement.
14.16.2 The Alamo RMA shall not be deemed to have waived any rights hereunder (including its right to abrogate this Agreement for abandonment or for failure to complete within the time specified, or to impose and deduct damages as may be provided herein) as the result of any grant of an extension of time beyond the date fixed for the completion of any part of the Development Work, any acceptance of performance of any part of the Development Work after the deadline therefor, or the making of any payments to Design/Builder after such date.
No Release or Waiver. 4.5.17.1 No Change Order granted hereunder shall release DB Contractor’s Surety from its obligations. Maintenance Services shall continue and be carried out in accordance with all the provisions of the CMC Documents and this Capital Maintenance Contract shall be and shall remain in full force and effect, unless formally suspended or terminated by TxDOT in accordance with the terms hereof.
4.5.17.2 The performance and acceptance of any part of the Maintenance Services or materials specified by this Capital Maintenance Contract after the date fixed for such performance, shall not be deemed to be a waiver by TxDOT of its right to terminate this Capital Maintenance Contract for abandonment or failure to complete within the time specified (as it may have been extended) or to impose and deduct damages as may be provided. DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B
4.5.17.3 No course of conduct or dealings between the Parties nor express or implied acceptance of alterations or additions to the Maintenance Services, and no claim that TxDOT has been unjustly enriched shall be the basis for any claim, request for additional compensation or time extension. Further, DB Contractor shall undertake, at its risk, work included in any request, order or other authorization issued by a Person in excess of that Person’s authority as provided herein, or included in any oral request. DB Contractor shall be deemed to have performed such work as a volunteer and at its sole risk and cost. In addition, TxDOT may require DB Contractor to remove or otherwise undo any such work, at DB Contractor’s sole risk and cost.
