Common use of Waiver and Agreement Clause in Contracts

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor in any of the Leases or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee or any other person be joined as a party to any proceeding for the enforcement of any term of any of the Leases.

Appears in 2 contracts

Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.), Air Transportation Services Agreement (Air Transport Services Group, Inc.)

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Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor Lessee upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor Lessee hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessee against Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor Lessee in any of the Leases or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee Lessor or any other person be joined as a party to any proceeding for the enforcement of any term of any of the Leases.

Appears in 2 contracts

Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.), Air Transportation Services Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, renewal, modification, extension or accrual of any of the Guaranteed Guarantied Obligations and notice of or proof of reliance by Lessor Airco upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Guarantied Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor Airco hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor Airco against Lessee Groundco of any right, power, privilege or remedy conferred upon Lessor Airco in any of the Leases Hub Services Agreement or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee Groundco or any other person be joined as a party to any proceeding for the enforcement of any term of any of the LeasesHub Services Agreement.

Appears in 1 contract

Samples: Performance Guaranty (Abx Air Inc)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor Lessee upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall will conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor Lessee hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessee against Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor Lessee in any of the Leases Agreement or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee Lessor or any other person be joined as a party to any proceeding for the enforcement of any term of any of the LeasesAgreement.

Appears in 1 contract

Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor DHL upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor DHL hereon; (b) notice of any of the matters referred to in Section 3 2 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor DHL against Lessee ABX of any right, power, privilege or remedy conferred upon Lessor DHL in any of the Leases DHL Note or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee ABX or any other person be joined as a party to any proceeding for the enforcement of any term of any of the LeasesDHL Note.

Appears in 1 contract

Samples: Guaranty (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor in any of the Leases Agreement or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee or any other person be joined as a party to any proceeding for the enforcement of any term of any of the LeasesAgreement.

Appears in 1 contract

Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor in any of the Leases or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee or any other person be joined as a party to any proceeding for the enforcement of any term of any of the Leases.. AIRCRAFT LEASE AGREEMENT 2

Appears in 1 contract

Samples: Lease Assumption and Option Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor DHL upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor DHL hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor DHL against Lessee ABX of any right, power, privilege or remedy conferred upon Lessor DHL in any of the Leases Agreement or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee ABX or any other person be joined as a party to any proceeding for the enforcement of any term of any of the LeasesAgreement.

Appears in 1 contract

Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.)

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Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor in any of the Leases or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee or any other person be joined as a party to any proceeding for the enforcement of any term of any of the Leases.. AIRCRAFT LEASE AGREEMENT 2 MSN

Appears in 1 contract

Samples: Lease Assumption and Option Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor in any of the Leases or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee or any other person be joined as a party to any proceeding for the enforcement of any term of any of the Leases.. MSN Initials: ABX: DHL:

Appears in 1 contract

Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor Lessee upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor Lessee hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessee against Lessor against Lessee of any right, power, privilege or remedy conferred upon Lessor Lessee in any of the Leases or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee Lessor or any other person be joined as a party to any proceeding for the enforcement of any term of any of the Leases.. AIRCRAFT LEASE AGREEMENT 3 MSN

Appears in 1 contract

Samples: Lease Assumption and Option Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, modification, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Lessor ABX upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor ABX hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor ABX against Lessee DHL of any right, power, privilege or remedy conferred upon Lessor ABX in any of the Leases Agreement or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee DHL or any other person be joined as a party to any proceeding for the enforcement of any term of any of the LeasesAgreement.

Appears in 1 contract

Samples: Air Transportation Services Agreement (Air Transport Services Group, Inc.)

Waiver and Agreement. Guarantor waives any and all notice of the creation, renewal, modification, extension or accrual of any of the Guaranteed Guarantied Obligations and notice of or proof of reliance by Lessor Airco upon this Guaranty or acceptance of this Guaranty, and the Guaranteed Guarantied Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Guaranty. Guarantor unconditionally waives, to the extent permitted by applicable law: (a) acceptance of this Guaranty and proof of reliance by Lessor Airco hereon; (b) notice of any of the matters referred to in Section 3 hereof, or any right to consent or assent to any thereof; (c) any right to the enforcement, assertion or exercise by Lessor Airco against Lessee Groundco of any right, power, privilege or remedy conferred upon Lessor Airco in any of the Leases ACMI Agreement or otherwise; (d) any requirement of diligence on the part of any person; and (e) any requirement that Lessee Groundco or any other person be joined as a party to any proceeding for the enforcement of any term of any of the LeasesACMI Agreement.

Appears in 1 contract

Samples: Performance Guaranty (Abx Air Inc)

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