Common use of No Waiver; Time of Essence; Business Day Clause in Contracts

No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term “business day” as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New York, New York are authorized by law to be closed.

Appears in 32 contracts

Samples: Indemnity and Guaranty Agreement (Seaport Entertainment Group Inc.), Indemnity and Guaranty Agreement (Seaport Entertainment Group Inc.), Mezzanine Guaranty Agreement (Strategic Storage Trust II, Inc.)

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No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term "business day" as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New York, New York are authorized by law to be closed.

Appears in 6 contracts

Samples: Indemnity and Guaranty Agreement (Maxxam Inc), Indemnification & Liability (Maxxam Inc), Indemnification & Liability (Cornerstone Realty Income Trust Inc)

No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term “business day” as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New YorkLos Angeles, New York California are authorized by law to be closed.

Appears in 3 contracts

Samples: Indemnity and Guaranty Agreement, Indemnification & Liability (IMH Financial Corp), Indemnity and Guaranty Agreement (IMH Financial Corp)

No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term "business day" as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in the State of New York, New York United States, are authorized by law to be closed.

Appears in 2 contracts

Samples: Indemnification & Liability (Inter Parfums Inc), Indemnification Agreement (Inter Parfums Inc)

No Waiver; Time of Essence; Business Day. The failure of any ---------------------------------------- party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term "business day" as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New York, New York the State in which any Property is located are authorized by law to be closed.

Appears in 2 contracts

Samples: Cross Collateralization, Cross Contribution and Cross Default Agreement (Health Care Property Investors Inc), Cross Collateralization, Cross Contribution and Cross Default Agreement (Health Care Property Investors Inc)

No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term “business day” as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New York, New York Nevada are authorized by law to be closed.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Secured Investment Resources Fund Lp Ii)

No Waiver; Time of Essence; Business Day. The failure of any ---------------------------------------- party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term "business day" as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New York, New York are authorized by law to be closed.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Apple Suites Inc)

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No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term “business day” as used herein shall mean any day other than a weekdaySaturday, Monday through Fridaya Sunday, except a legal holiday or a other day on which banking institutions commercial banks in New York, New York the State where the Security Property is located are authorized or required by law to close. All references in this Agreement to a “day” or “date” shall be closedto a calendar day unless specifically referenced as a business day.

Appears in 1 contract

Samples: Indemnity, Guaranty and Suretyship Agreement (Behringer Harvard Opportunity REIT I, Inc.)

No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term "business day" as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New York, New York the State in which the Property is located are authorized by law to be closed.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)

No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term "business day" as used herein shall mean any day other than a weekdaySaturday, Monday through FridaySunday, except a legal holiday or a other day on which banking institutions commercial bands in New York, New York the state where the Security Property is located are authorized or required by law to close. All references in this agreement to a "day" or "date" shall be closedto a calendar day unless specifically referenced as a business day.

Appears in 1 contract

Samples: Indemnification & Liability (Old Line Bancshares Inc)

No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunderremedy, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunderobligations. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement Guaranty is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof. The term “business day” as used herein shall mean a weekday, Monday through Friday, except a legal holiday or a day on which banking institutions in New York, New York are authorized by law to be closed.

Appears in 1 contract

Samples: Stock Purchase Agreement (Drone USA Inc.)

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