Waiver; Forbearance. Any waiver or forbearance or delay on the part of CFIL to insist upon the performance of any terms and conditions of this agreement, or to exercise any right or privilege conferred in this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of CFIL of any of the terms or conditions of this Agreement or of any of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of CFIL under this Agreement will remain in full force, notwithstanding any such forbearance or delay.
Waiver; Forbearance. No waiver of: (i) any breach of any term, provision or agreement; (ii) the performance of any act or obligation under this Agreement; and/or (iii) any right granted under this Agreement, shall be effective and binding unless such waiver shall be in a written instrument or instruments signed by each party claimed to have given or consented to such waiver. Except to the extent that the party or parties claimed to have given or consented to a waiver may have otherwise agreed in writing, no such waiver shall be deemed a waiver or relinquishment of any other term, provision, agreement, act, obligation or right under this Agreement, or of any preceding or subsequent breach thereof. No forbearance by a party in seeking a remedy for any noncompliance or breach by another party hereto shall be deemed to be a waiver by such forbearing party of its rights and remedies with respect to such noncompliance or breach, unless such waiver shall be in a written instrument or instruments signed by the forbearing party.
Waiver; Forbearance. The Parties hereto agree that in the event of there being any delay in or indulgence shown by either of the parties with regard to the enforcement of any of the terms of this Deed, the same shall not be construed as a waiver on the part of the party showing such indulgence or tolerance and any such indulgence or forbearance shall not be deemed to be a waiver of the rights and the parties shall be entitled to enforce such right without prejudice to such indulgence or tolerance shown.
Waiver; Forbearance. Any waiver of any provision of this Agreement and any waiver of any default under this Agreement shall only be effective if made in writing and signed by the Lender. Any waiver or forbearance or delay on the part of the Lender to insist upon the performance of any terms and conditions of this Agreement, or to exercise any right or privilege conferred under this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of the Lender of any of the terms or conditions of this agreement or of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of the Lender under this Agreement will remain in full force, notwithstanding any such forbearance or delay. For the avoidance of doubt it is clarified that the waiver by the Lender of any of its rights under this Agreement on a particular occasion shall not constitute a waiver on any subsequent occasion of such right.
Waiver; Forbearance. Any waiver or forbearance or delay on the part of the Bank to insist upon the performance of any terms and conditions of this agreement, or to exercise any right or privilege conferred in this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of the Bank of any of the terms or conditions of this Agreement or of any of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of the Bank under this Agreement will remain in full force, notwithstanding any such forbearance or delay.
Waiver; Forbearance. Any waiver of forbearance or delay on the part of RCFL to insist upon the performance of any terms and conditions of this Agreement, or to exercise any right or privilege conferred in this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of RCFL of any of the terms or conditions of this Agreement or of any of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of RCFL under this Agreement will remain in full force, notwithstanding any such forbearance or delay.
Waiver; Forbearance. Subject to all of the terms and conditions set forth herein, the Agent and each of the Lenders agree to waive the Designated Events of Default and agree to forbear from exercising their rights and remedies under the Credit Agreement and the other Loan Documents with respect to the Designated Events of Default until that date (the "FORBEARANCE TERMINATION DATE") which is the earliest to occur of (a) the failure after the date hereof of the Borrowers to comply with any of the terms or conditions set forth in the Credit Agreement and/or the other Loan Documents (except as waived by this Agreement), (b) the occurrence after the date hereof of any Event of Default other than the Designated Events of Default, (c) the failure of the Borrowers to comply with any term set forth in this Agreement, including, without limitation, the Borrowers' undertakings set forth in Section 5 hereof, (d) the date that the Borrowers, any affiliate of the Borrowers or any person or entity claiming by or through the Borrowers joins in, assists, cooperates or participates as an adverse party or adverse witness in any suit or other proceeding against the Agent, the Lenders the Additional Agents or any affiliate of the Agent or any Lender or any Additional Agent relating to the indebtedness referred to as the Obligations or any amounts owing hereunder in connection with or related to any of the transactions contemplated by the Credit Agreement, the other Loan Documents, this Agreement or any documents, agreements or instruments executed in connection with this Agreement, and (e) October 31, 2002. For purposes of greater clarity, during the period from the date hereof to the Forbearance Termination Date, the Borrowers may borrow, repay and reborrow Revolving Borrowings, subject to the terms, provisions and limitations set forth herein and in the Credit Agreement (except as waived by this Agreement). On and after the Forbearance Termination Date, the Agent and the Lenders may proceed, in accordance with the terms of the Credit Agreement, to enforce any or all of their rights under or in respect of this Agreement, the Credit Agreement, the other Loan Documents and applicable law, including, without limitation, the right to require that the Borrowers repay immediately the Notes.
Waiver; Forbearance. Except as the parties may hereafter otherwise agree in writing, no waiver by a party of any breach or default of the other party, of any of its obligations, agreements or covenants under this Agreement shall be deemed to be waiver of any subsequent breach of the same, or any other obligation, agreement or covenant under this Agreement, nor shall forbearance by a party to seek a remedy for such breach be deemed a waiver of its rights and remedies with respect to such breach, nor shall a party be deemed to have waived any of its rights and remedies unless it be in writing and executed with the same formality as this Agreement.
Waiver; Forbearance. The rights of any party shall not be prejudiced or restricted by any indulgence or forbearance extended to the other and no waiver by any party in respect of any breach shall operate or be deemed to operate as a waiver in respect of any subsequent breach.
Waiver; Forbearance. The County Board shall have the right to waive at its option any of the rights granted to it hereunder to enforce the terms hereof, provided that the County Board’s election not to pursue any particular remedy in the event of a default hereunder shall not be construed to preclude or be a waiver of the County Board’s right to pursue any of the other remedies with respect to the violation for which such remedy was pursued or with respect to any other violation prior or subsequent thereto. In addition, any forbearance by the County Board in exercising any of its rights hereunder shall not constitute a waiver or preclude the exercise of such rights.
