No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to paragraph (a) 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 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: Pledge and Security Agreement (Nevada Geothermal Power Inc), Development Loan Agreement (Nevada Geothermal Power Inc), Development Loan Agreement (Nevada Geothermal Power Inc)
No Waiver by Course of Conduct. The Lender No Beneficiary shall not by any act (except by a written instrument pursuant to paragraph (a) hereofSection 2.5), 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 Lenderany Beneficiary, 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 any Beneficiary 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 that such Beneficiary would otherwise have on any future occasion.
Appears in 3 contracts
Samples: Guaranty (Fresh Vine Wine, Inc.), Registration Rights Agreement (Bergio International, Inc.), Guaranty (Unique Logistics International Inc)
No Waiver by Course of Conduct. The Lender shall not by any act (except by a written instrument pursuant to paragraph (a) 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 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 2 contracts
Samples: Guaranty and Security Agreement (Zoe's Kitchen, Inc.), Guaranty and Security Agreement (Zoe's Kitchen, Inc.)
No Waiver by Course of Conduct. The Lender No Beneficiary shall not by any act (except by a written instrument pursuant to paragraph (a) hereofSection 2.4), 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 Lenderany Beneficiary, 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 any Beneficiary 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 that such Beneficiary would otherwise have on any future occasion.
Appears in 1 contract
No Waiver by Course of Conduct. The Lender No Beneficiary shall not by any act (except by a written instrument pursuant to paragraph (a) hereofSection 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 Lenderany Beneficiary, 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 any Beneficiary 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 that such Beneficiary would otherwise have on any future occasion.
Appears in 1 contract
Samples: Guaranty (Unrivaled Brands, Inc.)