Common use of No Waiver by Course of Conduct Clause in Contracts

No Waiver by Course of Conduct. The Purchaser shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Purchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser shall not by any act (except by a written instrument pursuant to Section 10.3 11.3 hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Purchaser, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser None of the Collateral Agent or any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) 12.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserCollateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Collateral Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Collateral Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 13.1 hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the PurchaserCollateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Collateral Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Lender shall not not, by any act (except by a written instrument pursuant to Section 10.3 hereof11 of this Agreement) delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder under this Agreement or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofof this Agreement. No failure to exercise, nor any delay in exercising, on the part of the PurchaserLender, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder under this Agreement shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Lender of any right or remedy hereunder under this Agreement on any one occasion shall not be construed as a bar to any right or remedy which that the Purchaser Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Agent nor any Noteholder shall not by any act (except by a written instrument pursuant to Section 10.3 15.1 hereof) , delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAgent or any Noteholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Agent or any Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Agent or such Noteholder would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Collateral Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) subsection ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserCollateral Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Collateral Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Collateral Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 hereofsubsection 17.1) delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) subsection 16.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) 13.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Administrative Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser BMO shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) 2.4), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach occurrence of any event of the terms and conditions hereofdefault under any Guaranteed Credit Facility or any Finance Instrument. No failure to exercise, nor any delay in exercising, on the part of the PurchaserBMO, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser BMO of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser that BMO would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Administrative Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) subsection 14.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAdministrative Agent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Administrative Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Administrative Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser BMO shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) 2.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach occurrence of any event of the terms and conditions hereofdefault under any Guaranteed Credit Facility or any Finance Instrument. No failure to exercise, nor any delay in exercising, on the part of the PurchaserBMO, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser BMO of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser that BMO would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser shall not Neither Agent nor any Lender shall, by any act (except except, with respect to the Loan Agreement, by a written instrument pursuant to Section 10.3 hereof) 10.9 of the Loan Agreement), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser that Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Collateral Agent nor the Lender shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) 8.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserCollateral Agent or the Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Collateral Agent or the Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchaser Collateral Agent or the Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Collateral Agent shall not by any act (except by a written instrument pursuant to Section 10.3 hereof) 8.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No no failure to exercise, nor any delay in exercising, on the part of the PurchaserCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Purchaser Collateral Agent would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 subsection 15.1 hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofDefault. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Agent or such Lender would otherwise have on any future occasion.

No Waiver by Course of Conduct. The Purchaser Neither the Agent nor any Lender shall not by any act (except by a written instrument pursuant to Section 10.3 subsection 14.1 hereof) ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the PurchaserAgent or any Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Purchaser Agent or any Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Purchaser Agent or such Lender would otherwise have on any future occasion.