Common use of Rights, Remedies and Waivers Clause in Contracts

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, default or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) For the avoidance of doubt, any misrepresentation or breach of any right or remedy hereunder by the Pledgor shall be deemed a Default; (b) The rights and remedies of EBRD the Pledgeholder in relation to any misrepresentations misrepresentation or breach of warranty on the part of the Borrower Pledgor or the Accounts Bank shall not be prejudiced by any investigation by or on behalf of EBRD the Pledgeholder into the affairs of the BorrowerPledgor or the Accounts Bank, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Pledgeholder in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Pledgeholder upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Pledgeholder in respect of any such default, or acquiescence by it them therein, shall affect or impair any right, power or remedy of EBRD the Pledgeholder in respect of any other default. (ed) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Applicable Law or otherwise. (e) In addition to the Pledgeholder's right to foreclose on the Pledged Assets under a non-judicial procedure, the Pledgeholder may proceed to protect and enforce their rights hereunder in any court or other tribunal by an action at law, suit in equity or other appropriate proceedings, whether for damages, the specific performance of any term hereof or otherwise, or in aid of the exercise of any power granted hereby or by law. The Pledgor and the Accounts Bank hereby agree to pay to the Pledgeholder on demand such amount in the Loan Currency as shall be sufficient to reimburse the Pledgeholder for its costs and expenses related to, or arising out of, any such action or remedies, including, reasonable fees and expenses of legal counsel.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD OPIC in relation to any misrepresentations or breach of warranty on the part of the Borrower Company shall not be prejudiced by any investigation by or on behalf of EBRD OPIC into the affairs of the BorrowerCompany, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD OPIC in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD OPIC in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD OPIC with respect to any other condition of Disbursement Disbursement, or be construed to be a waiver thereof. (c) No ; nor shall the action of EBRD OPIC in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD OPIC in respect of any other Disbursement. Without limiting . (c) Unless otherwise notified to the foregoingCompany by OPIC and without prejudice to the generality of Section 8.07(b), the right of EBRD OPIC to require compliance with any condition under this Agreement which may be waived by EBRD OPIC in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, is expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD OPIC upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy ; nor shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD OPIC in respect of any such default, or any acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD OPIC in respect of any other default. (e) The rights and remedies provided in Notwithstanding anything herein to the contrary, no provision of this Agreement and the other Financing Agreements are cumulative and not exclusive shall be construed as a waiver by OPIC of any other rights of the immunities, privileges, and exemptions granted to OPIC (and any officer, director, employee, or remedies, whether provided by agent of OPIC) under applicable law or otherwise.law. Omolon - 82 - OPIC Finance Agreement

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD the Bank in relation to any misrepresentations or breach xxxxxx of warranty on the part of the Borrower Company shall not be prejudiced by any investigation by or on behalf of EBRD the Bank into the affairs of the BorrowerCompany, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Bank in connection with this thin Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD the Bank in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD the Bank with respect to any other condition of Disbursement Disbursement, or be construed to be a waiver thereof. (c) No ; nor shall the action of EBRD the Bank in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD the Bank in respect of any other Disbursement. Without limiting . (c) Unless otherwise notified to the foregoingCompany by the Bank and without prejudice to the generality of Section 8.07(b), the right fight of EBRD the Bank to require compliance with any condition under this Agreement which may be waived by EBRD the Bank in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, is expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Bank upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy ; nor shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Bank in respect of any such default, or any acquiescence by it therein, shall affect or impair any rightfight, power or remedy of EBRD the Bank in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD NIB in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD NIB into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD NIB in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD NIB in connection with any condition of Disbursement disbursement under this Agreement shall impair any right, power or remedy of EBRD NIB with respect to any other condition of Disbursement disbursement or be construed to be a waiver thereof. (c) No action of EBRD NIB in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD NIB in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD NIB to require compliance with any condition under this Agreement which may be waived by EBRD NIB in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRDNIB, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD NIB upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD NIB in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD NIB in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD the Bank in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD the Bank into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Bank in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD the Bank in connection with any condition of Disbursement disbursement under this Agreement shall impair any right, power or remedy of EBRD the Bank with respect to any other condition of Disbursement disbursement or be construed to be a waiver thereof. (c) No action of EBRD the Bank in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD the Bank in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD the Bank to require compliance with any condition under this Agreement which may be waived by EBRD the Bank in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRDthe Bank, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Bank upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Bank in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD the Bank in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Support Parties or the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Support Parties or the Borrower, by the execution or the performance of this Agreement Deed or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement Deed and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement Deed or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (ec) The rights and remedies provided in this Agreement Deed and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Applicable Law or otherwise. (d) EBRD may proceed to protect and enforce its rights hereunder by an action at law, suit in equity or such other appropriate proceedings, as more fully set forth in, and consistent with the terms and conditions set out in Section 7.13 (Arbitration and Jurisdiction), whether for damages, the specific performance of any term hereof or otherwise, or in aid of the exercise of any power granted hereby or by Applicable Law. Each Support Party hereby agrees to pay to EBRD on demand such amount in the Loan Currency as shall be sufficient to reimburse EBRD for its costs and expenses related to, or arising out of, any such action or remedies, including, reasonable fees and expenses of legal counsel.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Guarantor or the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Guarantor or the LONDON - 113728,15 Borrower, by the execution or the performance of this Agreement Deed or any of the other Financing Agreements by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement Deed and any of the other Financing Agreements and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement Deed or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (ec) The rights and remedies provided in this Agreement Deed and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Applicable Law or otherwise. (d) EBRD may proceed to protect and enforce its rights hereunder in any court or other tribunal by an action at law, suit in equity or other appropriate proceedings, whether for damages, the specific performance of any term hereof or otherwise, or in aid of the exercise of any power granted hereby or by law. The Guarantor and the Borrower hereby agree to pay to EBRD on demand such amount in the Loan Currency as shall be sufficient to reimburse EBRD for its costs and expenses related to, or arising out of, any such action or remedies, including, reasonable fees and expenses of legal counsel.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD the Bank in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD the Bank into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Bank in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD the Bank in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD the Bank with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD the Bank in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD the Bank in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD the Bank to require compliance with any condition under this Agreement which may be waived by EBRD the Bank in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRDthe Bank, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Bank upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Bank in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD the Bank in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether remedies provided by applicable law or otherwiselaw.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD the Lender in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD the Lender into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Lender in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies, or by any information received, or any action performed, by any nominee of the Lender serving on the Board of Directors of the Borrower. (b) No course of dealing or waiver by EBRD the Lender in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD the Lender with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD the Lender in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD the Lender in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD the Lender to require compliance with any condition under this Agreement which may be waived by EBRD the Lender in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRDthe Lender, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Lender upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Lender in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD the Lender in respect of any other default. (e) The failure of the Lender to deliver to the Borrower the notice referred to in Section 3.08 or the Borrower to receive such notice shall not relieve the Borrower of its obligation to make the prepayment referred to in Section 3.08. (f) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) For the avoidance of doubt, any misrepresentation or breach of any right or remedy hereunder by the Pledgor shall be deemed a Default; (b) The rights and remedies of EBRD the Pledgeholder in relation to any misrepresentations misrepresentation or breach of warranty on the part of the Borrower Pledgor shall not be prejudiced by any investigation by or on behalf of EBRD the Pledgeholder into the affairs of the BorrowerPledgor, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Pledgeholder in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Pledgeholder upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Pledgeholder in respect of any such default, or acquiescence by it them therein, shall affect or impair any right, power or remedy of EBRD the Pledgeholder in respect of any other default. (ed) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Applicable Law or otherwise. (e) In addition to the Pledgeholder's right to out-of court sale of the Pledged Property upon Default, the Pledgeholder may proceed to protect and enforce their rights hereunder in any court or other tribunal by an action at law, suit in equity or other appropriate proceedings, whether for damages, the specific performance of any term hereof or otherwise, or in aid of the exercise of any power granted hereby or by law. The Pledgor hereby agrees to pay to the Pledgeholder on demand such amount in the Loan Currency as shall be sufficient to reimburse the Pledgeholder for its costs and expenses related to, or arising out of, any such action or remedies, including, reasonable fees and expenses of legal counsel.

Rights, Remedies and Waivers. (a) For the avoidance of doubt, any misrepresentation or breach of any right or remedy hereunder by the Pledgor shall be deemed a Default. (b) The rights and remedies of EBRD the Pledgeholder in relation to any misrepresentations misrepresentation or breach of warranty on the part of the Borrower Pledgor shall not be prejudiced by any investigation by or on behalf of EBRD the Pledgeholder into the affairs of the BorrowerPledgor, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Pledgeholder in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Pledgeholder upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Pledgeholder in respect of any such default, or acquiescence by it them therein, shall affect or impair any right, power or remedy of EBRD the Pledgeholder in respect of any other default. (ed) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Applicable Law or otherwise. (e) In addition to the Pledgeholder's right to foreclose on the Pledged Assets upon a Default under non-judicial procedure, the Pledgeholder may proceed to protect and enforce their rights hereunder in any court or other tribunal by an action at law, suit in equity or other appropriate proceedings, whether for damages, the specific performance of any term hereof or otherwise, or in aid of the exercise of any power granted hereby or by law. The Pledgor hereby agrees to pay to the Pledgeholder on demand such amount in the Loan Currency as shall be sufficient to reimburse the Pledgeholder for its costs and expenses related to, or arising out of, any such action or remedies, including, reasonable fees and expenses of legal counsel.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof.. EXECUTION COPY (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement LA Amendment Deed or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement LA Amendment Deed and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement LA Amendment Deed or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (ec) The rights and remedies provided in this Agreement LA Amendment Deed and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent DisbursementXxxxxxxxxxxx. (dx) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (e) The rights and remedies provided in this Agreement and the other New Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD the Bank in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD the Bank into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Bank in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD the Bank in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD the Bank with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD the Bank in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD the Bank in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD the Bank to require compliance with any condition under this Agreement which may be waived by EBRD the Bank in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRDthe Bank, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Bank upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Bank in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD the Bank in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD the Finance Parties in relation to any misrepresentations or breach of warranty on the part of the any Borrower shall not be prejudiced by any investigation by or on behalf of EBRD any Finance Party into the affairs of the such Borrower, by the execution or the performance of this Agreement or the other Finance Documents or by any other act or thing which may be done by or on behalf of EBRD any Finance Party in connection with this Agreement or the other Finance Documents and which might, apart from this SectionSection 9.5, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD any Finance Party in connection with any condition of Disbursement under this Agreement or any other Finance Document shall impair any right, power or remedy of EBRD such Finance Party with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD any Finance Party in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD such Finance Party in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD a Finance Party to require compliance with any condition under this Agreement or any other Finance Document which may be waived by EBRD such Finance Party in respect of any Disbursement is, unless otherwise notified to the Borrower Borrowers by EBRDsuch Finance Party, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Finance Parties upon any default under this Agreement Agreement, any other Finance Document or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Finance Parties in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD the Finance Parties in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements Finance Documents are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent DisbursementXxxxxxxxxxxx. (dx) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD EDC in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD EDC into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD EDC in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD EDC in connection with any condition of Disbursement disbursement under this Agreement shall impair any right, power or remedy of EBRD EDC with respect to any other condition of Disbursement disbursement or be construed to be a waiver thereof. (c) No action of EBRD EDC in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD EDC in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD EDC to require compliance with any condition under this Agreement which may be waived by EBRD EDC in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRDEDC, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD EDC upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD EDC in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD EDC in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under Event of Increased Risk or otherwise in connection with this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (ed) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) Any misrepresentations or breach of warranty by the Mortgagor shall be deemed a Default; (b) The breach of rights and remedies of EBRD the Mortgagee in relation to any misrepresentations or breach of warranty on the part of the Borrower Mortgagor shall be deemed a Default; (c) The rights and remedies of the Mortgagee shall not be prejudiced by any investigation by or on behalf of EBRD the Mortgagee into the affairs of the BorrowerMortgagor, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Mortgagee in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Mortgagee upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD the Mortgagee in respect of any such default, or acquiescence by it them therein, shall affect or impair any right, power or remedy of EBRD the Mortgagee in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Applicable Law or otherwise. (f) In addition to the Mortgagee 's right to out-of court sale of the Property upon a Default, the Mortgagee may proceed to protect and enforce its rights hereunder in any court or other tribunal, including the courts of the Republic of Kazakhstan, by any action or suit in equity or other appropriate proceedings, whether for damages, the specific performance of any term hereof or otherwise, or in aid of the exercise of any power granted hereby or by law. The Mortgagor hereby agrees to pay to the Mortgagee on demand such amount in the Loan Currency as shall be sufficient to reimburse the Mortgagee for its costs and expenses related to, or arising out of, any such action or remedies, including, reasonable fees and expenses of legal counsel.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Borrower, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) . • No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) . • No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) . • No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (e) . • The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD in relation to any misrepresentations or breach of warranty on the part of the Subordinated Parties or the Borrower shall not be prejudiced by any investigation by or on behalf of EBRD into the affairs of the Subordinated Parties or the Borrower, by the execution or the performance of this Agreement Deed or by any other act or thing which may be done by or on behalf of EBRD in connection with this Agreement Deed and which might, apart from this Section, prejudice such rights or remedies., (b) No course of dealing or waiver by EBRD in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD with respect to any other condition of Disbursement or be construed to be a waiver thereof. (c) No action of EBRD in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD in respect of any other Disbursement. Without limiting the foregoing, the right of EBRD to require compliance with any condition under this Agreement which may be waived by EBRD in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD upon any default under this Agreement Deed or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No action of EBRD in respect of any such default, or acquiescence by it them therein, shall affect or impair any right, power or remedy of EBRD in respect of any other default. (ec) The rights and remedies provided in this Agreement Deed and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law Applicable Law or otherwise. (d) EBRD may proceed to protect and enforce their rights hereunder in any court or other tribunal by an action at law, suit in equity or other appropriate proceedings, whether for damages, the specific performance of any term hereof or otherwise, or in aid of the exercise of any power granted hereby or by law. Each Subordinated Party hereby agrees to pay to EBRD on demand such amount in the Loan Currency as shall be sufficient to reimburse EBRD for its costs and expenses related to, or arising out of, any such action or remedies, including, reasonable fees and expenses of legal counsel.

Rights, Remedies and Waivers. (a) The rights and remedies of EBRD the Agent or the Lenders in relation to any misrepresentations or breach of warranty on the part of the Borrower Company shall not be prejudiced by any investigation which may be made after the date of this Agreement by or on behalf of EBRD the Agent or the Lenders into the affairs of the BorrowerCompany, by the execution or the performance of this Agreement or by any other act or thing which may be done by or on behalf of EBRD the Agent or the Lenders in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by EBRD the Agent or the Lenders in connection with any condition of Disbursement under this Agreement shall impair any right, power or remedy of EBRD the Agent or the Lenders with respect to any other condition of Disbursement Disbursement, or be construed to be a waiver thereof. (c) No ; nor shall the action of EBRD the Agent or the Lenders in respect of any Disbursement shall affect or impair any right, power or remedy of EBRD the Agent or the Lenders in respect of any other Disbursement. Without limiting . (c) Unless otherwise notified to the foregoingCompany by the Agent or the Lenders and without prejudice to the generality of subsection (b) above, the right of EBRD the Agent to require compliance with any condition under this Agreement which may be waived by EBRD the Agent or the Lenders in respect of any Disbursement is, unless otherwise notified to the Borrower by EBRD, is expressly preserved for the purposes of any subsequent Disbursement. (d) No course of dealing and no delay in exercising, or omission to exercise, any right, power or remedy accruing to EBRD the Agent or the Lenders upon any default under this Agreement or any other agreement shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence therein. No single or partial exercise ; nor shall the action of any such right, power or remedy shall preclude any other or further exercise thereof the Agent or the exercise of any other right, power or remedy. No action of EBRD Lenders in respect of any such default, or any acquiescence by it therein, shall affect or impair any right, power or remedy of EBRD the Agent or the Lenders in respect of any other default. (e) The rights and remedies provided in this Agreement and the other Financing Agreements are cumulative and not exclusive of any other rights or remedies, whether provided by applicable law or otherwise.