No Waiver or Breach Sample Clauses

No Waiver or Breach. No assent by either party, whether express or implied, to a breach of covenant, condition or obligation by the other party, shall act as a waiver of a right for action for damages as a result of such breach, nor shall it be construed as a waiver of any subsequent breach of the covenant, condition, or obligation.
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No Waiver or Breach. The parties to this Indenture: (i) shall not, without obtaining the consent of the Insurer (so long as no Insurer Default has occurred and is continuing) or otherwise each Holder and providing notice to each of S&P and Xxxxx'x, waive any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14; and (ii) shall provide S&P and Xxxxx'x with prompt written notice of any breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14; and shall not, without obtaining the consent of the Insurer (so long as no Insurer Default has occurred and is continuing) or otherwise each Holder, waive a breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14 and, in each case, each of S&P and Xxxxx'x shall confirm that the ratings then assigned to the Notes have not been affected by such waiver or breach, as the case may be.
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No Waiver or Breach. The failure of either Party to exercise its rights upon any default or breach by the other Party shall not constitute a waiver of such rights as to any subsequent default or breach.
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No Waiver or Breach. The parties to this Indenture: (i) shall not, without obtaining the consent of each Holder and providing notice to each of S&P and Xxxxx'x, waive any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14; and (ii) shall provide S&P and Xxxxx'x with prompt written notice of any breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14; and shall not, without obtaining the consent of each Holder, waive a breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 9.14 and, in each case, each of S&P and Xxxxx'x shall confirm that the ratings then assigned to the Notes have not been affected by such waiver or breach, as the case may be.
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No Waiver or Breach. No failure by Managing Agent or Developer to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy available upon a breach thereof, shall constitute a waiver of any such breach thereof, or any subsequent breach of such covenant, agreement, term and condition. No waiver of any such breach shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement, shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
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No Waiver or Breach. The parties to this Assignment and Servicing Agreement: (i) shall not, without obtaining the consent of each Holder and providing notice to each of S&P and Moody's, waive any of the Perfection Representations; and (ii) shall xxxxxxx S&P and Moody's with prompt written notice of any breach of the representatioxx, xxxranties and covenants relating to perfection set forth in this Section 2.25 and shall not, without obtaining the consent of each Holder, waive a breach of any of the representations, warranties and covenants relating to perfection set forth in this Section 2.25 and, in each case, each of S&P and Moody's shall confirm that the ratings then assigned to the Notes havx xxx xeen affected by such waiver or breach, as the case may be.
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No Waiver or Breach. Any failure or neglect by Landlord to assert or enforce any rights or remedies after any breach or default by Tenant shall not prejudice Landlord’s rights or remedies with regard to any existing or subsequent breaches or defaults.
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No Waiver or Breach. No failure of either party to insist upon exact compliance with the terms and, provisions herein contained sha1l be deemed or construed as a waiver of any subsequent breach of this Agreement.
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Related to No Waiver or Breach

  • WAIVER OR BREACH It is agreed that a waiver by either party of a breach of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent breach by that same party.

  • No Waiver of Breach The failure to enforce any provision of this Contract shall not be construed as a waiver of any such provision, nor prevent a Party thereafter from enforcing the provision or any other provision of this Contract. The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.

  • No Waiver The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

  • No Waiver by Xxxxxx Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Xxxxxx. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Xxxxxx of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Xxxxxx, nor any course of dealing between Xxxxxx and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender’s rights or of any of Borrower’s or any Grantor’s obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

  • No Waiver or Novation The execution, delivery and effectiveness of this Agreement shall not, except as expressly provided in this Agreement, operate as a waiver of any right, power or remedy of Agent, nor constitute a waiver of any provision of the Credit Agreement, the Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or the other Financing Documents or any of Agent’s rights and remedies in respect of such Defaults or Events of Default. This Agreement (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

  • No Waiver or Release The failure of Lender to exercise any right, remedy or option provided in the Loan Documents shall not be deemed a waiver of such right, remedy or option or of any covenant or obligation contained in the Loan Documents. No acceptance by Lender of any payment after the occurrence of an Event of Default and no payment by Lender of any payment or obligation for which Borrower is liable hereunder shall be deemed to waive or cure any Event of Default. No sale of all or any portion of the Collateral, no forbearance on the part of Lender, and no extension of time for the payment of the whole or any portion of the Loan or any other indulgence given by Lender to Borrower or any other Person, shall operate to release or in any manner affect the interest of Lender in the Collateral or the liability of Borrower to pay the Loan. No waiver by Lender shall be effective unless it is in writing and then only to the extent specifically stated.

  • No Waiver, etc Neither a failure nor a delay on the part of either the Trustee or the Holders in exercising any right, power or privilege under this Article XIII shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article XIII at law, in equity, by statute or otherwise.

  • No Waiver of Default No waiver by the parties hereto of any default or breach of any covenant, term or condition of this Agreement shall be deemed to be a waiver of any other default or breach of the same or any other covenant, term or condition contained herein.

  • No Waiver of Defaults Except as expressly set out above, this Amendment does not constitute (i) a waiver of, or a consent to, (A) any provision of the Credit Agreement or any other Loan Document not expressly referred to in this Amendment, or (B) any present or future violation of, or default under, any provision of the Loan Documents, or (ii) a waiver of Lender’s right to insist upon future compliance with each term, covenant, condition and provision of the Loan Documents.

  • No Waiver by Lender Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

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