NO WAIVER OF CONDITIONS. Failure of DCF to insist on strict performance shall not constitute a waiver of any of the provisions of this Grant or waiver of any other default of the Grantee.
NO WAIVER OF CONDITIONS. Buyer’s failure to insist upon or enforce strict compliance by Seller with any aspect of this Order shall not be deemed a waiver or relinquishment to any extent of any of Buyer’s rights; rather, the same shall remain in full force and effect. Waiver of a right under this Order shall not constitute a waiver of any other right, waiver or default under this Order.
NO WAIVER OF CONDITIONS. Failure of Buyer to insist upon strict performance of any of the terms and conditions of this order shall not constitute a waiver of such terms and conditions or a waiver of any default.
NO WAIVER OF CONDITIONS. Failure of either party to insist upon strict performance of any of the terms and conditions hereunder or the delay in exercising any of its remedies shall not constitute a waiver of such terms and conditions nor a waiver of any default nor a waiver of any remedy.
NO WAIVER OF CONDITIONS. Waiver of a breach in performance of any term of this Agreement by KDADS shall not be construed as a waiver of any subsequent breach of the same or any other performance or provision of this Agreement.
NO WAIVER OF CONDITIONS. Any waiver by Bondowner Representative of a condition of disbursement must be expressly made by Bondowner Representative in writing. If Bondowner Representative makes a disbursement before fulfillment of one or more required conditions, such disbursement shall not be a waiver of such condition with respect to subsequent disbursements, and Bondowner Representative reserves the right to require their fulfillment before making any subsequent disbursements. If all disbursement conditions are not satisfied, Bondowner Representative, without waiving any rights or conditions as to any other or further disbursements, may disburse selectively as to certain items or categories of costs and not others.
NO WAIVER OF CONDITIONS. Failure of Bayer to insist on strict performance shall not constitute a waiver of any of the provisions of this Agreement or waiver of any other default of the Distributor.
NO WAIVER OF CONDITIONS. The failure of ECT to insist upon Xxxxx’s strict performance of any of the terms and conditions hereunder or a delay by ECT in exercising any of its remedies hereunder shall not constitute a waiver of these terms and conditions or a waiver of any default or any remedy.
NO WAIVER OF CONDITIONS. The conditions specified in Clause 3 are for the exclusive benefit of the Agents and Lenders and if the Facility Agent in its discretion allows the Borrower to draw any Advance under any Facility notwithstanding that some or all of the conditions specified in Clause 3 have not been satisfied the Agents and the Lenders shall not thereby be deemed to have waived any such condition, and the Borrower covenants with the Agents and the Lenders to satisfy such conditions upon request from the Lenders forthwith or within such time limit as the Facility Agent may agree.
NO WAIVER OF CONDITIONS. Any waiver by the Bondholder Representative of a condition of disbursement must be expressly made by the Bondholder Representative in writing. If the Bondholder Representative makes a disbursement before fulfillment of one or more required conditions, such disbursement shall not be a waiver of such condition with respect to subsequent disbursements, and the Bondholder Representative reserves the right to require their fulfillment before making any subsequent disbursements. If all disbursement conditions are not satisfied or waived in writing by the Bondholder Representative, the Bondholder Representative, without waiving any rights or conditions as to any other or further disbursements, may disburse selectively as to certain items or categories of costs and not others. Notwithstanding anything to the contrary set forth in this Agreement, all of the Bond proceeds shall, for federal income tax purposes, be (1) allocated to the Improvements in the Project and Borrower’s fee interest in the Land on which it is located and (2) used exclusively to pay costs of the construction and equipment of the Project which are includable in aggregate basis of the Improvements and Borrower’s fee interest in the Land on which the Improvements are located (“Eligible Costs”) in a manner such that the Further, no proceeds of the Taxable Tail Loan shall be made available to Borrower if any amounts are then available from any other of Borrower’s Sources. Improvements satisfies the requirements of Section 42(h)(4)(B) of the Internal Revenue Code. Accordingly, no Bond proceeds will be deemed to have been used to pay any of the Costs of Issuance of the Bonds, or to fund any reserve account other than the Project Fund to be used to pay Eligible Costs.
