Common use of Waiver of Notices, etc Clause in Contracts

Waiver of Notices, etc. (a) Parent agrees that Licensor shall not be required to give Parent any notice pursuant to the Guarantee, and that no failure to give any notice shall discharge, impair, diminish or otherwise affect the liability which Parent would have had under the Guarantee if notice had been given. Parent waives: (a) notice of acceptance of the Guarantee, (b) notice of the incurring of additional or increased Obligations, (c) notice of the application of any payment, transfer or recovery from security, (d) presentment, demand and protest of any instrument, and notice thereof, (e) notice of nonpayment or other default under the Guarantee or under any Obligation, (f) any right to demand public foreclosure sale of any security, (g) notice of foreclosure, (h) notice of any release, discharge, modification or failure to obtain any security for any of the Obligations, (i) notice of any waiver by Licensor of any of the terms, covenants or conditions of any of the Obligations, (j) notice of the granting of any indulgence or extension of time to Licensee, (k) notice of any modification, supplement or extension of any of the Obligations, (l) notice of any agreement or arrangement with Licensee or anyone else, (m) any right to exoneration or to require election of remedies, (n) all suretyship defenses and (o) any other defenses or notice requirements which may exist at law or in equity. The obligations of Parent under this Article 19 shall not be affected by (x) the failure of Licensor to assert any claim or demand or to enforce any right or remedy against Licensee under the provisions of this Agreement or (y) any rescission, waiver, amendment or modification of any of the terms or provisions of this Agreement. Parent further agrees that the Guarantee constitutes a guarantee of payment and performance when due and not of collection and waives any right to require that any resort be had by Licensor to any other guarantee or any security held for payment or performance of the Obligations.

Waiver of Notices, etc. (a) Parent Guarantor agrees that Licensor Seller shall not be required to give Parent Guarantor any notice pursuant to the this Guarantee, and that no failure to give any notice shall discharge, impair, diminish or otherwise affect the liability which Parent Guarantor would have had under the Guarantee this Guaranty if notice had been given. Parent Guarantor waives: (ai) notice of acceptance of the Guaranteethis Guaranty, (bii) notice of the incurring of additional or increased Obligations, (ciii) notice of the application of any payment, transfer or recovery from security, (div) presentment, demand and protest of any instrument, and notice thereof, (ev) notice of nonpayment or other default under the Guarantee this Guaranty or under any Obligation, (fvi) any right to demand public foreclosure sale of any security, (gvii) notice of foreclosure, (hviii) notice of any release, discharge, modification or failure to obtain any security for any of the Obligations, (iix) notice of any waiver by Licensor Seller of any of the terms, covenants or conditions of any of the Obligations, (jx) notice of the granting of any indulgence or extension of time to LicenseeBuyer, (kxi) notice of any modification, supplement or extension of any of the Obligations, (lxii) notice of any agreement or arrangement with Licensee Buyer or anyone elseany other Person, (mxiii) any right to exoneration or to require election of remedies, (nxiv) all suretyship defenses and (oxv) any other defenses or notice requirements which may exist at law or in equity. The obligations of Parent under this Article 19 Guarantor hereunder shall not be affected by (xA) the failure of Licensor Seller to assert any claim or demand or to enforce any right or remedy against Licensee Buyer or under the provisions of this Agreement or (yB) any rescission, waiver, amendment or modification of any of the terms or provisions of this Agreement. Parent Guarantor further agrees that the Guarantee this Guaranty constitutes a guarantee of payment and performance when due and not of collection and waives any right to require that any resort be had by Licensor Seller to any other guarantee or any security held for payment or performance of the Obligations.