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

No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to subsection 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. No failure to exercise, nor any delay in exercising, on the part of 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 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 Lender would otherwise have on any future occasion.

Appears in 3 contracts

Samples: Security Agreement (Envision Development Corp /Fl/), Security Agreement (Envision Development Corp /Fl/), Security Agreement (Envision Development Corp /Fl/)

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No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to subsection 13.1paragraph (a) hereof), 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 DefaultDefault 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 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 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 Lender would otherwise have on any future occasion.

Appears in 3 contracts

Samples: Development Loan Agreement (Nevada Geothermal Power Inc), Pledge and Security Agreement (Nevada Geothermal Power Inc), Development Loan Agreement (Nevada Geothermal Power Inc)

No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to subsection 13.1Section 6.5), 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. No failure to exercise, nor any delay in exercising, on the part of 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 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 Lender would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (World Heart Corp)

No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to subsection 13.1Section 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. No failure to exercise, nor any delay in exercising, on the part of 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 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 Lender would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty Agreement (Sunrise Senior Living Inc)

No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to subsection 13.116.1), 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 in any breach of Defaultany of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Lender, 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 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 Lender would otherwise have on any future occasion.

Appears in 1 contract

Samples: Borrower Security Agreement (Sight Resource Corp)

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No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to subsection 13.1Section 8.4), 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. No failure to exercise, nor any delay in exercising, on the part of 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 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 that Lender would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Signal Genetics LLC)

No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to subsection 13.1Section 15.1), 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. No failure to exercise, nor any delay in exercising, on the part of 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 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 Lender would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Orbcomm Global L P)

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