Common use of Saving of Rights Clause in Contracts

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreements, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex by IFC and without prejudice to the generality of Section 7.01 (b), the right of IFC to require compliance with any condition under any Local Loan Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in connection with any condition of Disbursement of the any Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreementsany Loan, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement Loan affect or impair any right, power or remedy of IFC with respect to any other Disbursement.Loan.  (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 8.01 (b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreement.or other Loan.  (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.. 

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex the Borrower or any Onshore Borrower other Person shall not be prejudiced by any investigation by or on behalf of IFC or any of the Participants into the affairs of Chindex the Borrower or such Onshore Borrowerany other Person, by the execution or the performance of this Agreement, any other IFC Financing Document or the Participation Agreement or by any other act or thing which may be done by or on behalf of IFC or any of the Participants in connection with this Agreement or any other IFC Financing Document or the Participation Agreement and which might, apart from this Section, might prejudice such rights or remedies.. ​ (b) No course of dealing or waiver by IFC in connection with any condition of Disbursement of the Loan under this Agreement or any Local Loan Agreements other IFC Financing Document shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement.. ​ (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC to require compliance with any condition under this Agreement or any Local Loan Agreement other IFC Financing Document that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreement.Disbursement. ​ (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement Agreement, any other IFC Financing Document or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this AgreementAgreement or any other IFC Financing Document, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.. ​

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation misrepresentations or breach of warranty on the part of Chindex or any Onshore Borrower the Company shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore Borrowerthe Company, 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan IFC Subscriptions and/or payment under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreementscondition, or be construed to be a waiver thereof; , nor shall the action of IFC with in respect to of any Disbursement IFC Subscription and/or payment affect or impair any right, power or remedy of IFC with in respect to of any other DisbursementIFC Subscription and/or payment. (c) Unless otherwise notified to Chindex the Company by IFC and without prejudice to the generality of Section 7.01 subsection (b)) above, the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with in respect to of any Disbursement under such Local Loan Agreement IFC Subscription and/or payment is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementIFC Subscription and/or payment. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in partomission to exercise, any powerright, remedy, discretion, authority power or other right remedy accruing to IFC upon any default under this Agreement or any other agreement shall waive impair any such right, power or impair, remedy or be construed to be a waiver of, such thereof or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercisean acquiescence therein; nor shall the action of IFC with in respect to of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with in respect to of any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower the Borrowers shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore Borrowerthe Borrowers, 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrowers by IFC and without prejudice to the generality of Section 7.01 (b) (Saving of Rights), the right of IFC to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in connection with any condition of Disbursement of the any Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreementsany Loan, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement Loan affect or impair any right, power or remedy of IFC with respect to any other DisbursementLoan. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 8.01 (b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreementor other Loan. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC OFID in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC OFID into the affairs of Chindex or such Onshore 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 IFC OFID 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 IFC OFID in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC OFID with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC OFID with respect to any Disbursement affect or impair any right, power or remedy of IFC OFID with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC OFID and without prejudice to the generality of Section 7.01 (b), the right of IFC OFID to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC OFID with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC OFID in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC OFID with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC OFID with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC DEG in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower shall not be prejudiced by any investigation by or on behalf of IFC DEG into the affairs of Chindex or such Onshore 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 IFC DEG 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 IFC DEG in connection with any condition of Disbursement of the Loan under any Local Loan Agreements shall impair any right, power or remedy of IFC DEG with respect to any other condition of Disbursement under such Local Loan Agreements, or be construed to be a waiver thereof; nor shall the action of IFC DEG with respect to any Disbursement affect or impair any right, power or remedy of IFC DEG with respect to any other Disbursement. (c) Unless otherwise notified to Chindex by IFC DEG and without prejudice to the generality of Section 7.01 (b), the right of IFC DEG to require compliance with any condition under any Local Loan Agreement that may be waived by IFC DEG with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreement. (d) No course of dealing and no failure or delay by IFC DEG in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC DEG with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC DEG with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex the Borrower or any Onshore Borrower other Person shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex the Borrower or such Onshore Borrowerany other Person, by the execution or the performance of this Agreement Agreement, any other IFC Financing Document or by any other act or thing which may be done by or on behalf of IFC in connection with this Agreement Agreement, any other IFC Financing Document and which might, apart from this Section, might prejudice such rights or remedies. (b) No course of dealing or waiver by IFC in connection with any condition of Disbursement of the Loan under this Agreement or any Local Loan Agreements other IFC Financing Document shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC to require compliance with any condition under this Agreement or any Local Loan Agreement other IFC Financing Document that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement Agreement, any other IFC Financing Document or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this AgreementAgreement or any other IFC Financing Document, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies. (b) No no course of dealing or waiver by IFC in Willxxxx xx connection with any condition of Disbursement of the Loan under any Local Loan Agreements Willxxxx Xxxscription shall impair any right, power or remedy of IFC with Willxxxx xxxh respect to any other condition of Disbursement under such Local Loan Agreementscondition, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement.; (cb) Unless unless otherwise notified to Chindex the Company or to the Sponsor by IFC and Willxxxx xxx without prejudice to the generality of Section 7.01 Subsection (b)a) above, the right of IFC to Willxxxx xx require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC Willxxxx xx respect of the Willxxxx Xxxscription or in connection with respect any right granted to any Disbursement under such Local Loan Agreement Willxxxx xxxeunder is expressly preserved for the purposes of future exercise of any subsequent Disbursement under such Local Loan Agreementof the Willxxxx' xxghts hereunder. (dc) No no course of dealing and no failure or delay by IFC in exercising, in whole or in partomission to exercise, any powerright, remedy, discretion, authority power or other right remedy accruing to Willxxxx xxxn any default under this Agreement or any other agreement agreement, including the other Transaction Documents, shall waive impair any such right, power or impair, remedy or be construed to be a waiver of, such thereof or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercisean acquiescence therein; nor shall the action of IFC with Willxxxx xx respect to of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with Willxxxx xx respect to of any other default. (d) waiver of a breach of this Agreement or of any power, right authority, discretion or remedy arising upon a breach of this Agreement must be in writing and signed by the party granting the waiver. A breach of this Agreement is not waived by any failure or delay in exercise, or partial exercise, of any power, right, authority, discretion or remedy. A power, right, authority, discretion or remedy created or arising upon a breach of this Agreement is not waived by any failure or delay in the exercise, or a partial exercise, of that or any other power, right, authority, discretion or remedy.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower Obligor shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore BorrowerObligor, 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 IFC 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 IFC in connection with any condition of Disbursement disbursement of the Loan Loans under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreementsdisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursementdisbursement. (c) Unless otherwise notified to Chindex the Borrowers by IFC and without prejudice to the generality of Section 7.01 8.01 (b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement disbursement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreementdisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower the Co-Borrowers shall not be prejudiced by any investigation by or on behalf of IFC or any of the Participants into the affairs of Chindex or such Onshore Borrowerthe Co-Borrowers, 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Co-Borrowers by IFC and without prejudice to the generality of Section 7.01 (b8.01(b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower and/or the Project Company shall not be prejudiced by any investigation by or on behalf of IFC or any of the Participants into the affairs of Chindex or such Onshore Borrowerthe Borrower and/or the Project Company, 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 IFC in connection with this Agreement and which might, apart from this Section, prejudice such rights or remedies.. Amended and Restated Loan Agreement (b) No course of dealing or waiver by IFC in connection with any condition of Disbursement effectiveness of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreementseffectiveness, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex by IFC and without prejudice to the generality of Section 7.01 (b), the right of IFC to require compliance with any condition under any Local Loan Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default. (d) The Borrower, the Project Company and IFC have agreed to remove certain provisions that had been included in the Original IFC Loan Agreement. For the avoidance of doubt, such removal is without prejudice to any rights or remedies arising from such provisions (i) which may have accrued to IFC prior to the effectiveness of this Agreement and (ii) which may accrue to IFC on or after the effectiveness of this Agreement with respect to the period prior thereto.

Saving of Rights. (a) The rights and remedies of IFC OFID in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower the Borrowers shall not be prejudiced by any investigation by or on behalf of IFC OFID into the affairs of Chindex or such Onshore Borrowerthe Borrowers, 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 IFC OFID 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 IFC OFID in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC OFID with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC OFID with respect to any Disbursement affect or impair any right, power or remedy of IFC OFID with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrowers by IFC OFID and without prejudice to the generality of Section 7.01 (b) (Saving of Rights), the right of IFC OFID to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC OFID with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC OFID in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC OFID with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC OFID with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC the Finance Parties in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC any of the Finance Parties into the affairs of Chindex or such Onshore the Borrower, by the execution or the performance of this Agreement, any Administration Agreement, the Omnibus MCPP Agreement or any other Financing Document or by any other act or thing which may be done by or on behalf of IFC any of the Finance Parties, any MCPP Investor in connection with this Agreement Agreement, any Administration Agreement, the Omnibus MCPP Agreement, any MCPP Investment Consent or any other Financing Document and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by IFC any Finance Party in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC that Finance Party with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC any Finance Party with respect to any Disbursement affect or impair any right, power or remedy of IFC that Finance Party with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC any Finance Party and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC that Finance Party to require compliance with any condition under this Agreement or any Local Loan Agreement other Financing Document that may be waived by IFC that Finance Party with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDxxxxxxxxxxx. (dx) No course of dealing and no failure or delay by IFC any Finance Party in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement Agreement, any other Financing Document or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreementhereunder or thereunder, or in any manner preclude its additional or future exercise; nor shall the action of IFC any Finance Party with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC that Finance Party with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation misrepresentations or breach of warranty on the part of Chindex or any Onshore Borrower the Company shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore Borrowerthe Company, 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan IFC Subscriptions and/or payment under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreementscondition, or be construed to be a waiver thereof; nor shall the action of IFC with in respect to of any Disbursement IFC Subscription and/or payment affect or impair any right, power or remedy of IFC with in respect to of any other DisbursementIFC Subscription and/or payment. (c) Unless otherwise notified to Chindex the Company by IFC and without prejudice to the generality of Section 7.01 subsection (b)) above, the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with in respect to of any Disbursement under such Local Loan Agreement IFC Subscription and/or payment is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementIFC Subscription and/or payment. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in partomission to exercise, any powerright, remedy, discretion, authority power or other right remedy accruing to IFC upon any default under this Agreement or any other agreement shall waive impair any such right, power or impair, remedy or be construed to be a waiver of, such thereof or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercisean acquiescence therein; nor shall the action of IFC with in respect to of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with in respect to of any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower the Borrowers shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore Borrowerthe Borrowers, 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrowers by IFC and without prejudice to the generality of Section 7.01 (b) (Saving of Rights), the right of IFC to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementXxxxxxxxxxxx. (dx) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC DEG in relation to any misrepresentation or breach of warranty on the part of Chindex the Borrower or any Onshore Borrower other Person shall not be prejudiced by any investigation by or on behalf of IFC DEG into the affairs of Chindex the Borrower or such Onshore Borrowerany other Person, by the execution or the performance of this Agreement Agreement, any other DEG Financing Document or by any other act or thing which may be done by or on behalf of IFC DEG in connection with this Agreement Agreement, any other DEG Financing Document and which might, apart from this Section, might prejudice such rights or remedies. (b) No course of dealing or waiver by IFC DEG in connection with any condition of Disbursement of the Loan under this Agreement or any Local Loan Agreements other DEG Financing Document shall impair any right, power or remedy of IFC DEG with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC DEG with respect to any Disbursement affect or impair any right, power or remedy of IFC DEG with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC DEG and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC DEG to require compliance with any condition under this Agreement or any Local Loan Agreement other DEG Financing Document that may be waived by IFC DEG with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC DEG in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement Agreement, any other DEG Financing Document or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this AgreementAgreement or any other DEG Financing Document, or in any manner preclude its additional or future exercise; nor shall the action of IFC DEG with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC DEG with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b) (Saving of Rights), the right of IFC to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementXxxxxxxxxxxx. (dx) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower the Co-Borrowers shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore Borrowerthe Co-Borrowers, 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 IFC 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 IFC in connection with any condition of Disbursement of the A Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Co-Borrowers by IFC and without prejudice to the generality of Section 7.01 (b8.01(b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b8.01(b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in Willxxxx xx connection with any condition of Disbursement Willxxxx xxxuisition of the Loan under any Local Loan Agreements Willxxxx Xxxchased Shares shall impair any right, power or remedy of IFC with Willxxxx xxxh respect to any other condition of Disbursement under such Local Loan Agreementscondition, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (cb) Unless otherwise notified to Chindex the Seller, the Company or the Sponsor by IFC and Willxxxx xxx without prejudice to the generality of Section 7.01 Subsection (b)a) above, the right of IFC to Willxxxx xx require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC Willxxxx xx respect of the Willxxxx xxxuisition of the Willxxxx Xxxchased Shares or in connection with respect any right granted to any Disbursement under such Local Loan Agreement Willxxxx xxxeunder is expressly preserved for the purposes of future exercise of any subsequent Disbursement under such Local Loan Agreementof the Willxxxx' xxghts hereunder. (dc) No course of dealing and no failure or delay by IFC in exercising, in whole or in partomission to exercise, any powerright, remedy, discretion, authority power or other right remedy accruing to Willxxxx xxxn any default under this Agreement or any other agreement agreement, including the other Transaction Documents, shall waive impair any such right, power or impair, remedy or be construed to be a waiver of, such thereof or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercisean acquiescence therein; nor shall the action of IFC with Willxxxx xx respect to of any such default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with Willxxxx xx respect to of any other default. (d) Waiver of a breach of this Agreement or of any power, right authority, discretion or remedy arising upon a breach of this Agreement must be in writing and signed by the party granting the waiver. A breach of this Agreement is not waived by any failure or delay in exercise, or partial exercise, of any power, right, authority, discretion or remedy. A power, right, authority, discretion or remedy created or arising upon a breach of this Agreement is not waived by any failure or delay in the exercise, or a partial exercise, of that or any other power, right, authority, discretion or remedy.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in connection with any condition of Disbursement of the any Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan Agreementsany Loan, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement Loan affect or impair any right, power or remedy of IFC with respect to any other DisbursementLoan. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 8.01 (b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreementor other Loan. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC or any of the Participants into the affairs of Chindex or such Onshore the Borrower, by the execution or the performance of this Agreement, any Participation Agreement or by any other act or thing which may be done by or on behalf of IFC or any of the Participants in connection with this Agreement or any Participation Agreement and which might, apart from this Section, might prejudice such rights or remedies. (b) No course of dealing or waiver by IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex the Borrower or any Onshore Borrower other Person shall not be prejudiced by any investigation by or on behalf of IFC or any of the Participants into the affairs of Chindex the Borrower or such Onshore Borrowerany other Person, by the execution or the performance of this Agreement, any other IFC Financing Document or the Participation Agreement or by any other act or thing which may be done by or on behalf of IFC or any of the Participants in connection with this Agreement or any other IFC Financing Document or the Participation Agreement and which might, apart from this Section, might prejudice such rights or remedies. (b) No course of dealing or waiver by IFC in connection with any condition of Disbursement of the Loan under this Agreement or any Local Loan Agreements other IFC Financing Document shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC to require compliance with any condition under this Agreement or any Local Loan Agreement other IFC Financing Document that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement Agreement, any other IFC Financing Document or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this AgreementAgreement or any other IFC Financing Document, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC the Finance Parties in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC any of the Finance Parties into the affairs of Chindex or such Onshore the Borrower, by the execution or the performance of this Agreement or any other Financing Document or by any other act or thing which may be done by or on behalf of IFC any of the Finance Parties in connection with this Agreement or any other Financing Document and which might, apart from this Section, prejudice such rights or remedies. (b) No course of dealing or waiver by IFC any Finance Party in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC that Finance Party with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC any Finance Party with respect to any Disbursement affect or impair any right, power or remedy of IFC that Finance Party with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC any Finance Party and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC that Finance Party to require compliance with any condition under this Agreement or any Local Loan Agreement other Financing Document that may be waived by IFC that Finance Party with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC any Finance Party in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement Agreement, any other Financing Document or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreementhereunder or thereunder, or in any manner preclude its additional or future exercise; nor shall the action of IFC any Finance Party with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC that Finance Party with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore 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 IFC 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 IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 8.01 (b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that which may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver ofof or an acquiescence in, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.manner

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore Borrower the Borrowers shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex or such Onshore Borrowerthe Borrowers, by the execution or the performance of this Agreement Agreement, or by any other act or thing which may be done by or on behalf of IFC 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 IFC in connection with any condition of Disbursement of the any Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrowers by IFC and without prejudice to the generality of Section 7.01 (b4.01(b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex or any Onshore the Borrower shall not be prejudiced by any investigation by or on behalf of IFC or any of the Participants into the affairs of Chindex or such Onshore the Borrower, by the execution or the performance of this Agreement, the Participation Agreement or by any other act or thing which may be done by or on behalf of IFC or any of the Participants in connection with this Agreement or the Participation Agreement and which might, apart from this Section, might prejudice such rights or remedies. (b) No course of dealing or waiver by IFC in connection with any condition of Disbursement of the Loan under any Local Loan Agreements this Agreement shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC to require compliance with any condition under any Local Loan this Agreement that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan AgreementDisbursement. (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this Agreement, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.

Saving of Rights. (a) The rights and remedies of IFC in relation to any misrepresentation or breach of warranty on the part of Chindex the Borrower or any Onshore Borrower other Person shall not be prejudiced by any investigation by or on behalf of IFC into the affairs of Chindex the Borrower or such Onshore Borrowerany other Person, by the execution or the performance of this Agreement Agreement, any other IFC Financing Document or by any other act or thing which may be done by or on behalf of IFC in connection with this Agreement Agreement, any other IFC Financing Document and which might, apart from this Section, might prejudice such rights or remedies. (b) No course of dealing or waiver by IFC in connection with any condition of Disbursement of the Loan under this Agreement or any Local Loan Agreements other IFC Financing Document shall impair any right, power or remedy of IFC with respect to any other condition of Disbursement under such Local Loan AgreementsDisbursement, or be construed to be a waiver thereof; nor shall the action of IFC with respect to any Disbursement affect or impair any right, power or remedy of IFC with respect to any other Disbursement. (c) Unless otherwise notified to Chindex the Borrower by IFC and without prejudice to the generality of Section 7.01 (b7.01(b), the right of IFC to require compliance with any condition under this Agreement or any Local Loan Agreement other IFC Financing Document that may be waived by IFC with respect to any Disbursement under such Local Loan Agreement is expressly preserved for the purposes of any subsequent Disbursement under such Local Loan Agreement.Disbursement. - 45 - (d) No course of dealing and no failure or delay by IFC in exercising, in whole or in part, any power, remedy, discretion, authority or other right under this Agreement Agreement, any other IFC Financing Document or any other agreement shall waive or impair, or be construed to be a waiver of, such or any other power, remedy, discretion, authority or right under this AgreementAgreement or any other IFC Financing Document, or in any manner preclude its additional or future exercise; nor shall the action of IFC with respect to any default, or any acquiescence by it therein, affect or impair any right, power or remedy of IFC with respect to any other default.