Common use of WAIVER OF NOTICE; NO RELEASE OF LIABILITY Clause in Contracts

WAIVER OF NOTICE; NO RELEASE OF LIABILITY. Any act of Bank, or the successors or assigns of Bank, consisting of a waiver of any of the terms or conditions of the Program Agreement, or the giving of any consent to any matter or thing relating to the Program Agreement, or the granting of any indulgences or extensions of time to Basement, may be done without notice to Guarantor and without releasing the obligations of Guarantor hereunder, except where Bank expressly or clearly through its actions has released Basement of its obligations under the Program Agreement. The obligations of Guarantor hereunder shall not be released by Bank's receipt, application 55 or release of any security given for the performance and observance of covenants and conditions in the Program Agreement contained on Basement's part to be performed or observed, nor by any modification of the Program Agreement. The liability of Guarantor hereunder shall in no way be affected by (a) the release or discharge of Basement in any creditors, receivership, bankruptcy or other proceedings; (b) the impairment, limitation or modification of liability of Basement or the estate of Basement in bankruptcy, or of any remedy for the enforcement of Basement's liability under the Program Agreement, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute or from the decision in any court; (c) the rejection or disaffirmance of the Program Agreement in any such proceedings; (d) any disability or other defense of Basement except as otherwise provided in the Program Agreement; (e) the cessation from any cause whatsoever of the liability of Basement under the Program Agreement, except as otherwise provided in or permitted by the Program Agreement; or (f) the exercise by Basement of any rights or remedies reserved to Basement under the Program Agreement.

WAIVER OF NOTICE; NO RELEASE OF LIABILITY. Guarantor hereby waives acceptance and notice of acceptance of this Guaranty, notice of non-payment, nonperformance or non-observance, notices of the existence, creation or incurring of new or additional obligations, and all other notices and all proofs or demands. Any act consent of Bank, Landlord or the its successors or assigns of Bank, consisting of a waiver of any of the terms or conditions of the Program Agreement, or the giving of any consent to any matter manner or thing relating to the Program AgreementLease, or the granting of any indulgences or extensions of time to BasementTenant, may be done without any notice to Guarantor and without releasing the obligations of Guarantor hereunder, except where Bank expressly or clearly through its actions has released Basement of its obligations under the Program Agreement. The obligations of Guarantor hereunder shall not be released by BankLandlord's receipt, application 55 or release of any security given for the performance and observance of covenants and conditions in the Program Agreement contained on Basement's part Lease to be performed or observedobserved by Tenant, nor or by any modification Modifications of the Program AgreementLease. The liability of Guarantor hereunder shall in no way be affected by (a) the release or discharge of Basement Tenant in any creditors, receivership, bankruptcy or other proceedings; (b) the impairment, limitation or modification of liability of Basement Tenant or the estate of Basement or Tenant in bankruptcy, or of any remedy for the enforcement of BasementTenant's liability under the Program Agreement, Lease resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute or from the decision in any court; (c) the rejection or disaffirmance of the Program Agreement Lease in any such proceedings; (d) the assignment or transfer of, or sublease under, the Lease by Tenant; (e) any disability or other defense of Basement except as otherwise provided in the Program AgreementTenant; (ef) the cessation from any cause whatsoever of the liability of Basement under the Program Agreement, except as otherwise provided in or permitted by the Program AgreementTenant; or (fg) the exercise by Basement Landlord of any rights or remedies reserved to Basement Landlord under the Program AgreementLease, provided or permitted by law or by reason of any termination of the Lease.

WAIVER OF NOTICE; NO RELEASE OF LIABILITY. Guarantor hereby waives acceptance and notice of acceptance of this Guaranty, notice of non-payment, non-performance or non-observance, notices of the existence, creation or incurring of new or additional obligations, and all other notices and all proofs or demands. Any act consent of Bank, Landlord or the its successors or assigns of Bank, consisting of a waiver of any of the terms or conditions of the Program Agreement, or the giving of any consent to any matter manner or thing relating to the Program AgreementLease, or the granting of any indulgences or extensions of time to BasementTenant, may be done without any notice to Guarantor and without releasing the obligations of Guarantor hereunder, except where Bank expressly or clearly through its actions has released Basement of its obligations under the Program Agreement. The obligations of Guarantor hereunder shall not be released by Bank's Landlord’s receipt, application 55 or release of any security given for the performance and observance of covenants and conditions in the Program Agreement contained on Basement's part Lease to be performed or observedobserved by Tenant, nor or by any modification modifications of the Program AgreementLease. The liability of Guarantor hereunder shall in no way be affected by by: (a) the release or discharge of Basement Tenant in any creditors’, receivership, bankruptcy or other proceedings; (b) the impairment, limitation or modification of liability of Basement Tenant or the estate of Basement Tenant in bankruptcy, or of any remedy for the enforcement of Basement's Tenant’s liability under the Program Agreement, Lease resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute or from the decision in any court; (c) the rejection or disaffirmance of the Program Agreement Lease in any such proceedings; (d) the assignment or transfer of, or sublease under, the Lease by Tenant; (e) any disability or other defense of Basement except as otherwise provided in the Program AgreementTenant; (ef) the cessation from any cause whatsoever of the liability of Basement under the Program Agreement, except as otherwise provided in or permitted by the Program AgreementTenant; or (fg) the exercise by Basement Landlord of any rights or remedies reserved to Basement Landlord under the Program AgreementLease, provided or permitted by law or by reason of any termination of the Lease.

WAIVER OF NOTICE; NO RELEASE OF LIABILITY. Any act of Bank, or the successors or assigns of Bank, consisting of a waiver of any of the terms or conditions of the Program Agreement, or the giving of any consent to any matter or thing relating to the Program Agreement, or the granting of any indulgences or extensions of time to Basement, may be done without notice to Guarantor and without releasing the obligations of Guarantor hereunder, except where Bank expressly or clearly through its actions has released Basement of its obligations under the Program Agreement. The obligations of Guarantor hereunder shall not be released by Bank's receipt, application 55 62 or release of any security given for the performance and observance of covenants and conditions in the Program Agreement contained on Basement's part to be performed or observed, nor by any modification of the Program Agreement. The liability of Guarantor hereunder shall in no way be affected by (a) the release or discharge of Basement in any creditors, receivership, bankruptcy or other proceedings; (b) the impairment, limitation or modification of liability of Basement or the estate of Basement in bankruptcy, or of any remedy for the enforcement of Basement's liability under the Program Agreement, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or other statute or from the decision in any court; (c) the rejection or disaffirmance of the Program Agreement in any such proceedings; (d) any disability or other defense of Basement except as otherwise provided in the Program Agreement; (e) the cessation from any cause whatsoever of the liability of Basement under the Program Agreement, except as otherwise provided in or permitted by the Program Agreement; or (f) the exercise by Basement of any rights or remedies reserved to Basement under the Program Agreement.