Waiver of Remedy. The exercise by the City or its designee of any remedy hereunder shall not have the effect of waiving or limiting any other remedy and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time.
Waiver of Remedy. The Initial Member may determine that it will not repurchase any Defective Loan if, without the prior written consent of the Initial Member, the Company or the Servicer: (a) modifies any of the terms of the Defective Loan (including the terms of any Collateral Document or Contract for Deed), other than the permanent refinance of the Defective Loan in connection with the final Authorized Funding Draw; (b) exercises forbearance with respect to any scheduled payment on the Defective Loan; (c) accepts or executes new or modified lease documents assigned by the Initial Member to the Company with respect to the Defective Loan; (d) sells, assigns or transfers the Defective Loan or any interest therein (other than the participation interest in the Loans issued to the Initial Member pursuant to the Participation Agreement); (e) fails to comply with the Participation Agreement in the maintenance, collection, servicing and preservation of the Defective Loan, including delinquency prevention, collection procedures and protection of the Collateral as warranted; (f) initiates any litigation in connection with the Defective Loan, or the related Collateral, other than litigation to force payment or to realize on the Collateral securing the Defective Loan; (g) completes any action with respect to foreclosure on, or accepts a deed-in-lieu of foreclosure for any Collateral securing the Defective Loan; (h) causes, by action or inaction, the priority of title to the Defective Loan, Collateral and other related security to be lower in priority than the priority of title that existed at the time the Defective Loan was conveyed by the Initial Member; (i) causes, by action or inaction, the security for the Defective Loan to be different than that conveyed by the Initial Member, except as may be required by the terms of the Collateral Documents; (j) causes, by action or inaction, a claim of third parties to arise against the Company that, as a result of repurchase of the Defective Loan under this Agreement, might be asserted against the Initial Member; (k) causes, by action or inaction, a Lien with respect to the Defective Loan to arise (other than a Lien in favor of the Initial Member); (l) is the Borrower or any Related Party under such Defective Loan; or (m) makes a disbursement in respect of the Defective Loan other than an Authorized Funding Draw or the funding of a Servicing Expense as and to the extent permitted by the Participation Agreement. With respect to any Defective L...
Waiver of Remedy. The Tenant and its insurers waive any remedy against the landlord and its insurers due to the destruction or total or partial deterioration of any equipment, furniture, valuables of any type, and merchandise because of the deprivation or trouble of possession of the leased premises and even in the case of total or partial loss of the business, including the intangible elements of said business. The Tenant undertakes to communicate this clause to its insurers. The Landlord and its insurers waive, in exchange, any remedy they may have the right to exercise against the Tenant and its insurers in the event of accidental loss covered by the policies taken.
Waiver of Remedy. With respect to any claim that Seller breached any representation or warranty, Purchaser shall be conclusively deemed to have terminated and waived any rights of Purchaser to any remedy and any right to indemnification by Seller under this Agreement for such breach: (x) with respect to any Loan, on the date prior to Repurchase Expiration Date that Purchaser amends or otherwise modifies the terms of such Loan, releases any collateral or any Obligor from liability therefor, subordinates any security interest or lien that secures the Loan to any security interest or lien of any party that was subordinate to Seller’s lien or security interest on the Closing Date, or causes or allows any security interest or lien securing the Loan to lapse or become unperfected in any manner or for any reason (i.e. failure to continue a financing statement); and (y) on the Repurchase Expiration Date with respect to all Loans other than those Loans as to which Purchaser has delivered a Certificate of Defect to Seller on or before the Repurchase Expiration Date.
