Scope of Waiver. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Scope of Waiver. Subject to the provisions contained herein, each of the Company and the Guarantors hereby expressly grants to the Initial Purchasers and any indemnified party under this Agreement, an irrevocable limited waiver of its sovereign immunity from unconsented suit and consent irrevocably to suit exclusively to:
(i) interpret or enforce the terms of this Agreement;
(ii) compel arbitration under the commercial arbitration rules of the American Arbitration Association;
(iii) enforce an arbitrator's decision with respect to arbitration under the commercial arbitration rules of the American Arbitration Association;
(iv) order amounts payable under this Agreement to be paid in accordance with the terms thereof and enforce the award of damages owing as a consequence of a breach of this Agreement, whether such order or award is the product of litigation or arbitration;
(v) order the seizure and sale of any assets of the Company or a Guarantor used or held for use in the Related Business (as defined in the Indenture), or the exercise of any other remedy available generally in the State of New York for judgment creditors;
(vi) determine whether any consent or approval of the Company or a Guarantor has been improperly granted or unreasonably withheld; and
(vii) enforce any judgment or arbitration decision prohibiting the Company or a Guarantor from taking any action, or mandating or obligating the Company or a Guarantor to take any action.
Scope of Waiver. The waiver set forth in Section 2.1 hereof is limited to the express terms thereof, and nothing herein shall be deemed a consent or waiver by the Bank with respect to any other term, condition, representation, or covenant applicable to the Borrower under the Credit Agreement or any of the other agreements, documents, or instruments executed and delivered in connection therewith, or of the covenants described therein. The waiver set forth herein shall not be deemed to be a course of action upon which the Borrower or its Subsidiaries may rely in the future.
Scope of Waiver. No waiver by a party will extend to any subsequent non- satisfaction or non-performance of an obligation under this agreement, whether or not of the same or similar nature to that which was waived.
Scope of Waiver. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time specified in such express waiver.
Scope of Waiver. Other than as set forth in this Waiver, no terms or conditions of the Employment Agreement shall be waived, amended or modified by this Waiver. For the avoidance of doubt, this Waiver shall not constitute a waiver by the Executive of any other provisions of the Employment Agreement or a waiver in relation to any future changes in the composition of the Board that may be effected by the Company.
Scope of Waiver. Subject to the provisions of this --------------- Section the Nation and Borrower hereby expressly grant to Lender and other Persons within the scope of Section 11.6.5, a limited waiver of their respective sovereign immunity from unconsented suit and proceedings in arbitration, their respective right to require exhaustion of Tribal remedies, its right to seek Tribal remedies and their respective right to be sued in the Courts of the Nation, as such Courts are or may be established, and consents to suit in accordance with this Section.
Scope of Waiver. Subject to the provisions of this Article, --------------- Lessor hereby expressly grants to Lessee and the other Persons within the scope of Article 36, Section 5, a limited waiver of its sovereign immunity from unconsented suit and proceedings in arbitration, its right to require exhaustion of Tribal remedies, its right to seek Tribal remedies and its right to be sued in the Courts of the Nation, as such Courts are or may be established, and consents to suit in accordance with this Article.
Scope of Waiver. The provisions of this Agreement are intended by the parties to extend solely to the matters specifically provided herein and are not intended as a waiver of any provision of the Senior Management Agreement or Stockholders Agreement not directly affected hereby, or of any other right or remedy of the Company in connection therewith.
Scope of Waiver. Subject to the provisions of this Article, --------------- the Tribal Corporation hereby expressly grants to Sublessor and the other Persons within the scope of Article X, Section 10.1.5, a limited waiver of its sovereign immunity from unconsented suit and proceedings in arbitration, its right to require exhaustion of Tribal remedies, its right to seek Tribal remedies and its right to be sued in the Courts of the Nation, as such Courts are or may be established, and consents to suit in accordance with this Article.
