WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute.
(B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient.
(C) In order to entitle the Lender to exercise any remedy reserved to it in this Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Guaranty.
(D) No waiver, amendment, release or modification of this Guaranty shall be established by conduct, custom or course of dealing.
WAIVER AND NOTICE. 40.1 Failure of the City or the Union to enforce, or insist upon, the performance of any term, condition or provision of this Agreement in any one or more instances shall not be deemed a waiver of such term, condition or provision. No term, condition or provision of this Agreement shall be deemed waived by either of the parties hereto unless such waiver is reduced to writing and signed by an agent of the respective party who has actual authority to give such waiver. If such written waiver is given, it shall apply only to the specific case for which the waiver is given and shall not be construed as a general or absolute waiver of the term, condition or provision, which is the subject matter of the waiver.
40.2 Where any provision of this Agreement requires that any notice or information be given by one party hereto to the other party within a specified time, such requirement will not be met unless such notice is personally served upon the official of the other party designated to receive such notice under the terms of this Agreement or left at such person's residence with a person 18 years of age or older or regular business office during normal business hours with his secretary or clerk within the time limits specified in this Agreement.
WAIVER AND NOTICE. 24.1 No waiver of any breach of any covenant, condition or agreement herein contained shall operate as a waiver of the covenant, condition or agreement itself, or of any subsequent breach thereof. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver shall not be construed as a waiver of any subsequent, similar default or of any covenant or condition set forth in this Lease except as to the specific circumstances described in such written waiver. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly installments of rent herein stipulated shall be deemed to be a payment in full of the stipulated rent nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided. Landlord shall have the right to apply Tenant's payments to any balance or arrearage Tenant has outstanding. Landlord's reentry and acceptance of keys shall not be considered in acceptance of a surrender of this Lease.
WAIVER AND NOTICE. Section 1. Failure of the City to enforce, or insist upon the performance of any term, condition or provision of this Agreement in any one or more instances shall not be deemed a waiver of such term, condition, or provision. No term, condition or provision of the Agreement shall be deemed waived by the City unless such waiver is reduced to writing and signed by an agent of the City who has actual authority to give such a waiver. If such written waiver is given, it shall apply only to the specific case for which the waiver is given and shall not be construed as a general or absolute waiver of the term, condition or provision, which is the subject matter of the waiver.
Section 2. Where any provision of this Agreement requires that any notice or information be given by the Union to the City within specified time, such requirement will not be met unless the official of the City specified herein who has actual authority to receive such notice actually receives the notice or information within the time limit specified in this Agreement.
WAIVER AND NOTICE. No waiver of any breach of any covenant condition, or agreement herein contained shall operate as a waiver of the covenant, condition, or agreement itself, or of any subsequent breach thereof.
WAIVER AND NOTICE. Any assent, expressed or implied, by LANDLORD to any breach of any covenant or condition herein shall operate as such only in the specific instance and shall not be an assent or waiver thereof generally or of any specific breach thereof. The various rights, powers, elections and remedies of LANDLORD contained herein are cumulative, and no one of them shall be exclusive of other or of any allowed law. No right shall be exhausted by being exercised on one or more occasions. Time is of the essence hereof. Where provision is made herein for notice of any kind, it shall be deemed sufficient, if such notice is to TENANT , if addressed to TENANT at the Leased Premises; and if so to LANDLORD, if addressed to LANDLORD at the address shown in LEASE. Such notice shall be given by mail with postage prepaid. The provision contained herein, including any additional provisions, are the complete terms of the Lease, and no alterations or modifications of said terms shall be binding unless signed by both parties.
WAIVER AND NOTICE. 17.1 Failure of the City or the Association to enforce, or insist upon, the performance of any term, condition or provision of this Agreement in any one or more instances, shall not be deemed a waiver of such term, condition or provision. No term, condition or provision of this Agreement shall be deemed waived by the City or the Association unless such waiver is reduced to writing and signed by the City Manager or the Manager’s designee or the President of the Association or the President’s designee. If such written waiver is given, it shall apply only to the specific case for which the waiver is given and shall not be construed as a general or absolute waiver of the term, condition, or provision, which is the subject matter of the waiver.
17.2 Where any provision of this Agreement requires any notice of information be given by the Association to the City or by the City to the Association within a specified time, such requirement will not be met unless the official of the City or the Association specified herein, who has actual authority to receive such notice, actually receives the notice or information within the time limit specified in this Agreement.
WAIVER AND NOTICE. Borrower hereby otherwise waives presentment, demand for payment, notice of dishonor, notice of default or Event of Default, notice of protest, and all other notices or demands in connection with the delivery, acceptance, performance, default or guarantee of this Line of Credit. No delay or omission on the part of the Lender in exercising any right hereunder against the Borrower, shall operate as a waiver of such right or of any other rights under this Line of Credit. Waiver on any specific occasion against the Borrower shall not be construed as a bar to or waiver of any right and/or remedy on any future occasion. All waivers of any rights by the Lender must be in writing. Unless applicable law requires a different method, any notice that must be given to the Lender under this Note will be given by delivering it or by mailing it by first class mail to the Lender at 00000 Xxxxx Xxxx, Houston, Texas, or to such other address as notified by the Lender in writing.
WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute.
(B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient.
WAIVER AND NOTICE. Section 4(a) of the Registration Rights Agreement shall be amended by adding as the last two paragraphs: Each Holder hereby waives the requirement that it receive the 20-day advance written notice of the filing of Registration Statement No. 333-90028 and the other information required to be set forth in such notice with respect to the Proposed Offering; and the Company hereby waives the written request to include Selling Stockholder Registrable Securities in the Proposed Offering and the other information required to be set forth in such request. The Selling Stockholders acknowledge that they have requested pursuant to this Amendment that the Company register on Registration Statement No. 333-90028 750,000 shares of Common Stock for sale in the Proposed Offering, subject to (i) their right to withdraw any such shares from the Proposed Offering by written notice to the Company and the managing underwriter delivered prior to the signing of the Underwriting Agreement with respect to the Proposed Offering and (ii) the cut back provisions set forth in Section 4(c) hereof. In the event that any of the Selling Stockholders wish to increase the number of shares of Common Stock it requests that the Company register on Registration Statement No. 333-90028 and include in the Proposed Offering, such Selling Stockholder will provide the Company and the managing underwriter with written notice by telecopier, not later than three business days prior to the pricing of the shares of Common Stock in the Proposed Offering, of its request to increase the number of its Registrable Securities to be included in the Proposed Offering as provided in, and subject to the limitations contained in, Section 3 of the Stockholders' Agreement. The first 750,000 shares of Registrable Securities included in Registration Statement No. 333-90028 for the Proposed Offering shall be allocated among the Selling Stockholders as follows: (i) 250,000 shares to The Jordan Trust, TJT(B) and/or TJT(B) (Bermuda) Investment Company LTD; (ii) 250,000 shares to David W. Zalaznick and/or Barbara Zalaznick; and (xxx) 000,000 xxxres to Lxxxxxxx Xxxxxxxxx, Inc. or any of its Affiliates (as that term is defined in the Stockholders' Agreement); provided, however, that any number of shares of Registrable Securities in the Proposed Offering held by the Selling Stockholders may, prior to Registration Statement No. 333-90028 becoming effective, be re-allocated among the Selling Stockholders as the Selling Stockholde...
