Common use of No Waiver, etc Clause in Contracts

No Waiver, etc. No failure or delay by the Bank to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed as a waiver of such Default by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Default.

No Waiver, etc. No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant's claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the Bank date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the premises, except a writing signed by Landlord. The delivery of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement lease or a surrender of the other Financing Documentspremises. Acceptance by Landlord of less than the rent herein provided shall at Landlord's option be deemed on account of earliest rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this lease shall be effective, unless such termwaiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, conditionand no modification thereof shall be binding unless in writing and signed by the party concerned. Tenant shall comply with the rules and regulations printed in this lease, covenant and any reasonable modifications thereof or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing Documentslease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the premises, for any reason, including as the result of construction on any property of which the premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord's own acts.

No Waiver, etc. No The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delivered or other action taken in reliance hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or delay by release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Bank may deem advisable. The Bank shall have no duty as to insist upon the strict performance collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any term, condition, covenant or agreement of this Agreement or of rights pertaining thereto beyond the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof as set forth in 9.2 hereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the The Bank shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any of the other Financing Documents, Obligations or to declare a Default for failure to effect the Collateral unless such prompt payment of any such other amount; provided, however, that if any such late payment is made to waiver shall be in writing and signed by the representative Bank. No delay or omission on the part of the Bank identified in Section 7.3 hereof, the Bank exercising any right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default by the Bank right or preclude the Bank from exercising any other right, power . A waiver on any one occasion shall not be construed as a bar to or remedy consequent upon such Default; provided, however, that if waiver of any such payment is made to the representative right on any future occasion. All rights and remedies of the Bank identified in Section 7.3 hereofwith respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultdeems expedient.

No Waiver, etc. No failure The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delay by the Bank to insist upon the strict performance delivered or other action taken in reliance hereon and all other demands and notices of any termdescription. With respect to both the Obligations and the Collateral, condition, covenant the Company assents to any extension or agreement of this Agreement or postponement of the time of payment or any other Financing Documentsindulgence, to any substitution, exchange or release of or failure to exercise perfect any rightsecurity interest in any Collateral, power to the addition or remedy consequent upon a breach release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Secured Party may deem advisable. The Secured Party shall constitute a waiver have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any such term, condition, covenant or agreement or of any such breach, or preclude rights pertaining thereto beyond the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof as set forth in Section 9(b) hereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank The Secured Party shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any the Obligations or the Collateral unless such waiver shall be in writing and signed by the Secured Party. No delay or omission on the part of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of Secured Party in exercising any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default by right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made Secured Party with respect to the representative of Obligations or the Bank identified in Section 7.3 hereofCollateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultSecured Party deem expedient.

No Waiver, etc. 25.01 No failure act or delay by the Bank to insist upon the strict performance omission of any term, condition, covenant Landlord or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a waiver reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of any such termten (10) days, conditionthen at Landlord’s option a “late charge” shall become due and payable to Landlord, covenant or agreement or of any such breachas Additional Rent, or preclude from the Bank from exercising any such right, power or remedy at any later time or times. By accepting date it was due until payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amount; is made (provided, however, such late charge shall be waived the first (1st) time any installment of Fixed Annual Rent and Additional Rent shall be overdue in any twelve (12) month period), at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that if Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such late payment is made to the representative of the Bank identified provision, or for specific performance or declaratory judgment (in Section 7.3 hereofwhich event, the Bank applicable provisions of Section 6.02, above, shall immediately notify apply regarding Tenant’s attorneys’ fees in connection with such action or proceeding). Tenant shall comply with the Pledgor after acceptance rules and regulations contained in this Lease, and any reasonable modifications thereof or additions thereto. Landlord shall enforce such rules and regulations in a uniform and non-discriminatory manner throughout the Building. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. The payment of Rent by Tenant at any time when Landlord is in default of this Lease shall in no event be deemed a waiver by Tenant of any such late payment, if the acceptance of default by Landlord. Any inconsistency between such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person rules and the acceptance by the Bank of any other amount due regulations and payable under the provisions this Lease shall be resolved in favor of this Agreement or the other Financing Documents at any time during which a Default exists Lease. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. No failure The Borrower waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delay by the Bank to insist upon the strict performance delivered or other action taken in reliance hereon and all other demands and notices of any termdescription. With respect to both the Obligations and the Collateral, condition, covenant the Borrower assents to any extension or agreement of this Agreement or postponement of the time of payment or any other Financing Documentsindulgence, to any substitution, exchange or release of Collateral, to exercise the addition or release of any rightparty or person primarily or secondarily liable, power to the acceptance of partial payment thereon and the settlement, compromising or remedy consequent upon a breach adjusting of any thereof, all in such manner and at such time or times as the Lender may deem advisable. The Lender shall constitute a waiver have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any such term, condition, covenant or agreement or of any such breach, or preclude rights pertaining thereto beyond the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank The Lender shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any the Obligations or the Collateral unless such waiver shall be in writing and signed by the Lender. No delay or omission on the part of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of Lender in exercising any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Lender with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successfully or concurrently at such time or at such times as the Lender deems expedient, to the extent permitted by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultunderlying leases and/or notes.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. Tenant shall comply with the Bank from exercising rules and regulations contained in this Lease, and any such right, power reasonable modifications thereof or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. No Any failure or delay by the Bank Administrative Agent to insist upon the strict performance by the Mortgagor of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank terms and provisions hereof shall not be deemed to waive the right either to require prompt payment when due be a waiver of all other amounts payable under this Agreement or under any of the terms and provisions hereof, and the Administrative Agent, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by the Mortgagor. Neither the Mortgagor nor any other Financing Documents, person now or to declare a Default hereafter obligated for failure to effect such prompt the payment of the whole or any such other amount; provided, however, that if any such late payment is made to the representative part of the Bank identified in Section 7.3 hereof, the Bank sums now or hereafter secured by this Mortgage shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance be relieved of such late payment does not constitute a waiver obligation by reason of the Default for failure of the Administrative Agent to make prompt payment comply with any request of such amount. The payment the Mortgagor or by reason of the Pledgor failure of the Administrative Agent to take action to foreclose this Mortgage or otherwise enforce any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement Mortgage or of any obligations secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of all or any portion of the Property and the Administrative Agent extending the time of payment or modifying the terms of any of the obligations secured hereby or the terms of this Mortgage without first having obtained the consent of the Mortgagor or such other Financing Documents person obligated as to the sums secured hereby, and, in the latter event, the Mortgagor and all such other persons shall continue liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by the Administrative Agent. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on all or any portion of the Property, the Administrative Agent may release the obligation of anyone at any time during which a Default exists shall not in liable for any way of the indebtedness secured by this Mortgage or manner be construed as a waiver any part of the security held for such indebtedness and may extend the time of payment or otherwise modify the terms of any of the obligations secured hereby and/or this Mortgage without impairing or affecting the lien of this Mortgage or the priority of such Default lien, as security for the payment of such indebtedness, as it may be so extended or modified, over any subordinate lien. The Administrative Agent may resort for the payment of the indebtedness secured hereby to any other security therefor held by the Bank or preclude Administrative Agent in such order and manner as the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultAdministrative Agent may elect.

No Waiver, etc. No Any failure or delay by the Bank Mortgagee to insist upon the strict performance by Mortgagor or any guarantor of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank terms and provisions hereof shall not be deemed to waive the right either to require prompt payment when due be a waiver of all other amounts payable under this Agreement or under any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor or any guarantor, of any and all of the terms and provisions of this Mortgage, the Note to be performed by Mortgagor or any guarantor; and neither Mortgagor, nor any other Financing Documents, person now or to declare a Default hereafter obligated for failure to effect such prompt the payment of the whole or any such other amount; provided, however, that if any such late payment is made to the representative part of the Bank identified in Section 7.3 hereof, the Bank Indebtedness shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance be relieved of such late payment does not constitute a waiver obligation by reason of the Default for failure of Mortgagee to make prompt payment comply with any request of such amount. The payment by the Pledgor Mortgagor, any guarantor or any other Person and the acceptance by the Bank of any other amount due and payable under person so obligated to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Agreement Mortgage or of any obligation secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the Indebtedness or of any obligor for such Indebtedness, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Note or this Mortgage without first having obtained the consent of Mortgagor or such other Financing Documents person, and in the latter event, Mortgagor and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification (but without liability for increases in the principal amount or interest rate) unless expressly released and discharged in writing by Mortgagee; and, regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Premises, Mortgagee may release the obligation of anyone at any time during which a Default exists shall not liable for any of the Indebtedness or any part of the security held for said Indebtedness and may extend the time of payment or otherwise modify the terms of the Note and/or this Mortgage without, as to the security or the remainder thereof, in any way impairing or manner be construed as a waiver affecting the lien of this Mortgage, or the priority of such Default by lien, as security for the Bank payment of said Indebtedness as it may be so extended or preclude modified over any subordinate lien; and the Bank from exercising holder of any right, power subordinate lien shall have no right to terminate any Lease whether or remedy consequent upon not such DefaultLease shall be subordinate to this Mortgage; provided, however, that if any such and Mortgagee may resort for the payment is made to the representative of the Bank identified Indebtedness to any other security therefor, held by Mortgagee in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultorder and manner as Mortgagee may elect.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess often (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amountLease; provided, however, nothing contained herein shall prevent Tenant from obtaining money damages if Tenant obtains an order from a court of competent jurisdiction that if Landlord acted in bad faith in not granting such approval to the extent Landlord was required to be reasonable. Tenant’s sole remedy shall be an action or proceeding to enforce any such late payment is made provision, or for specific performance or declaratory judgment. Tenant shall comply with the rules and regulations contained in this Lease, and any reasonable modifications thereof or additions thereto. Landlord shall not be liable to Tenant for the representative violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance waiver of any such late paymentsubsequent violation of a provision of this Lease, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. No failure Debtor waives demand, notice, protest, notice of acceptance of this Agreement, notice of leases entered into, loans made, credit extended, Collateral received or delay by the Bank to insist upon the strict performance delivered or other action taken in reliance hereon and all other demands and notices of any termdescription. With respect to both the Obligations and the Collateral, condition, covenant Debtor assents to any extension or agreement of this Agreement or postponement of the time of payment or any other Financing Documentsindulgence, to any substitution, exchange or release of or failure to exercise perfect any rightsecurity interest in any Collateral, power to the addition or remedy consequent upon a breach release of any party or Person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Secured Party may deem advisable. Secured Party shall constitute a waiver have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against other Persons, nor as to the preservation of any such term, condition, covenant or agreement or of any such breach, or preclude rights pertaining thereto beyond the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof as set forth in subparagraph 7(b)hereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Secured Party shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement Obligations or the other Financing Documents at Collateral unless such waiver shall be in writing and signed by Secured Party. No delay or omission on the part of Secured Party in exercising any time during which a Default exists right shall not in any way or manner be construed operate as a waiver of such Default by right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made Secured Party with respect to the representative of Obligations or the Bank identified in Section 7.3 hereofCollateral, the Bank whether evidenced hereby or by any other instrument or papers, shall immediately notify the Pledgor after acceptance of any be cumulative and may be exercised singularly, alternatively, successively or concurrently at such payment, if the acceptance of time or at such payment does not constitute a waiver of the existing Defaulttimes as Secured Party deems expedient.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant's claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord's option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant's sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. Tenant shall comply with the Bank from exercising rules and regulations contained in this Lease, and any such right, power reasonable modifications thereof or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person rule or regulation. Landlord will enforce all rules and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which regulations in a Default exists non-discriminatory manner. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord's own acts.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant's claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at a rate (the “Interest Rate”) equal to insist upon one (1%) percent above the strict performance prime rate of any terminterest charged by XX Xxxxxx Xxxxx, conditionNew York, covenant (or agreement the successor thereto) at the time such payment first becomes due. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord's option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. In the Bank from exercising event that Tenant shall commence any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable action against Landlord in order to enforce Tenant’s rights under this Agreement Lease (provided that Tenant does not seek to remove and consolidate with such action any summary proceeding commenced by Landlord except if and to the extent expressly permitted herein), and should Tenant prevail and obtain a final, non-appealable order, judgment or under award on the merits, Landlord will reimburse Tenant (by means of credit against Fixed Annual Rent or if there should be insufficient term remaining in this Lease or any of renewals and extensions in order to exhaust such credit, then the other Financing Documentsremainder shall be reimbursed by payment) for the reasonable legal expenses and fees thereby incurred by Tenant. Tenant shall comply with the rules and regulations contained in this Lease, the Bank and any reasonable modifications thereof or additions thereto. Landlord will enforce all rules and regulations in a non-discriminatory manner. Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. No The failure or delay by the Bank of Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement condition contained herein or of in the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Loan Documents shall not be deemed to waive be a waiver, modification, amendment or estoppel thereof and Borrower or other Person shall not be entitled to rely on such action or inaction. Borrower shall not be relieved of or released from its Obligations by reason of (i) the right either failure of Lender to require prompt payment when due comply with any request of all other amounts payable under this Agreement or under Borrower to take any action to enforce any of the provisions hereof or any other Financing Loan Document, (ii) the release, regardless of consideration, of the whole or any part of the Collateral, or of the Guarantor or any Person liable for the Debt or any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Loan Documents. Lender may resort for the payment of the Debt to any Collateral held by Lender in such order and manner as Lender, in its sole and absolute discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to declare a Default for failure enforce any covenant hereof without prejudice to the right of Lender thereafter to recover against the Collateral under the Loan Documents. The rights of Lender under each of the Loan Documents shall be separate, distinct and cumulative and none shall be given effect such prompt payment to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision of any such other amount; provided, however, that if any such late payment is made Loan Document to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank exclusion of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists provision. Lender shall not in any way or manner be construed as a waiver of such Default by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made limited exclusively to the representative of the Bank identified rights and remedies herein stated but shall be entitled to every right and remedy now or hereafter afforded at law or in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultequity.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant's claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord's option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant's sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. Tenant shall comply with the Bank from exercising rules and regulations contained in this Lease, and any such right, power reasonable modifications thereof or remedy at additions thereto provided to Tenant in writing before any later time or timeseffective date. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Landlord agrees to require prompt payment when due enforce the rules and regulations in a uniform and non-discriminatory manner. Failure of all other amounts payable under Landlord to enforce any provision of this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord's own acts.

No Waiver, etc. No failure or delay by (a) Upon the Bank occurrence and during the continuance of an Event of Default, the Purchaser shall have, with respect to insist upon the strict performance security interest in the Purchased Assets granted pursuant to Article VIII of any termthis Agreement, condition, covenant or agreement of and in addition to all other rights and remedies available to the Purchaser under this Agreement or other Applicable Law, all rights and remedies of a secured party upon default under the UCC. (b) The Seller and the Guarantor agree, to the full extent that it may lawfully so agree, that neither it nor anyone claiming through or under it will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension or redemption law now or hereafter in force in any locality where any Purchased Items may be situated in order to prevent, hinder or delay the enforcement or foreclosure of this Agreement, or the absolute sale of any of the other Financing DocumentsPurchased Items or any part thereof, or the final and absolute putting into possession thereof, immediately after such sale, of the purchasers thereof, and the Seller and the Guarantor, each for itself and all who may at any time claim through or under it, hereby waives, to exercise the full extent that it may be lawful so to do, the benefit of all such laws and any rightand all right to have any of the properties or assets constituting the Purchased Items marshaled upon any such sale, power and agrees that the Purchaser or any court having jurisdiction to foreclose the security interests granted in this Agreement may sell the Purchased Items as an entirety or in such parcels as the Purchaser or such court may determine. (c) No failure on the part of the Purchaser to exercise, and no delay in exercising, any right or remedy consequent upon hereunder shall operate as a breach waiver thereof, ; nor shall any single or partial exercise of any right or remedy hereunder preclude any further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by Applicable Law. Application of the Post-Default Rate or increased Pricing Spread after a Default or Event of Default shall not be deemed to constitute a waiver of any such termDefault or Event of Default or any rights or remedies of the Purchaser under this Agreement, conditionany other Repurchase Documents or Applicable Law, covenant or agreement a consent to any extension of time for the payment or performance of any such breach, obligation with respect to which the Post-Default Rate or preclude increase in Pricing Spread after an Event of Default may be invoked. (d) In the Bank from exercising event that a claim or adjudication is made that the Purchaser has acted unreasonably or unreasonably delayed acting in any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement case where by Applicable Law or under any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Repurchase Documents at any time during which a Default exists it has an obligation to act reasonably or promptly, the Purchaser shall not be liable for any punitive, consequential, indirect or special damages in connection therewith or any way other breach or manner be construed as a waiver of such Default default by the Bank Purchaser, and the Seller’s and the Guarantor’s sole remedies shall be limited to commencing an action seeking injunctive relief, actual damages or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultdeclaratory judgment.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant's claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord's option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant's sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. Tenant shall comply with the Bank from exercising rules and regulations contained in this Lease, and any such right, power reasonable modifications thereof or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person rule or regulation. Landlord agrees to enforce all Rules and the acceptance by the Bank of any other amount due Regulations in a uniform and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists non-discriminatory manner. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord's own acts.