WAIVER PROVISIONS. A. The Association and the Committee agree that each has had a right to bargain for any provision that they wished in this Agreement and each expressly waives the right to reopen the Agreement for any further demands or proposals and agrees that the present contract constitutes a complete agreement on all matters and that if other proposals have been made, they have been withdrawn in consideration of the Agreement. B If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.
WAIVER PROVISIONS. Neither the entry into this Agreement, nor the non-satisfaction of any condition precedent under Clause 3 (Conditions Precedent), nor anything else in this Agreement shall operate as a waiver of any outstanding Event of Default, unless otherwise provided expressly herein.
WAIVER PROVISIONS. No permission affecting this insurance shall exist, or waiver of any provision be valid, unless granted herein or expressed in writing added hereto. No provision, stipula- tion or forfeiture shall be held to be waived by any require- ment or proceeding on the part of this Company relating to appraisal or to any examination provided for herein.
WAIVER PROVISIONS. Nursing Home Waiver Prior to the Maturity Date, you may surrender your contract or withdraw a portion of your Contract Value, without a Surrender Charge, provided that:
a. more than one year has elapsed since the Contract Date, and
b. the surrender is requested within two years of the Owner's admission into a Licensed Nursing Home Facility, and
c. the Owner has been confined to a Licensed Nursing Home Facility for at least the preceding Elimination Period. A Licensed Nursing Home Facility is defined as a state licensed hospital or state licensed skilled or intermediate care nursing facility at which medical treatment is available on a daily basis. You must provide us with satisfactory evidence of confinement by written notice. Terminal Illness Waiver Prior to the Maturity Date, you may surrender your contract or withdraw a portion of your Contract Value, without a Surrender Charge, provided that we receive proof satisfactory to us of the Owner's Terminal Illness. Terminal Illness is defined as an illness or condition that is expected to result in the Owner's death within the Terminal Illness Period, shown in the schedule pages.
WAIVER PROVISIONS. The entry into this Agreement, nor anything else in this Agreement shall operate as a waiver of any outstanding Event of Default.
WAIVER PROVISIONS.
a. No MSTEA member shall be permitted to waive any of the benefits of this MOU. No waiver or consent to employment under conditions other than specified in this agreement may be asserted by any party unless there is a signed written supplement to this MOU, executed by the MSTEA chairperson, in advance of any deviation from the terms contained herein.
b. No Business Representative or official of MSTEA has authority to orally modify any of the terms of this MOU. Any modifications to this MOU shall be in writing, and shall be signed by each party.
WAIVER PROVISIONS. This Consent and Waiver is subject to the provisions of Section 8.01 of the Credit Agreement.
WAIVER PROVISIONS. BCC hereby knowingly, voluntarily and unequivocally waives: (i) all notice of acceptance, protest, demand and dishonor, presentment and demands of any kind now or hereafter provided for by any statute or rule of law; (ii) any and all requirements that Lessor institute any action or proceeding, or exhaust any or all of Lessor's rights, remedies or recourses, against Lessee or anyone else as a condition precedent to bringing an action against BCC under this Agreement; (iii) any defense arising by reason of any disability, insolvency, bankruptcy, lack of authority or power, dissolution or any other defense of Lessee, BCC, any guarantor of the Lease, or their respective successors and assigns (even though rendering same void, unenforceable or otherwise uncollectible); (iv) the benefits of any and all express or implied waivers which may otherwise be available to or claimed by BCC under the laws of the State in which the Property is located; (v) any claim BCC might otherwise have against Lessor by virtue of Lessor's invocation of any right, remedy or recourse permitted it hereunder or under the Lease, any letter of credit agreement, any guaranty, or otherwise available at law or equity; (vi) any failure, omission, delay or lack on the part of Lessor or Lessee to enforce, assert or exercise any right, power or remedy conferred on Lessor or Lessee in the Lease, or any action on the part of Lessor granting a waiver, indulgence or extension to Lessee or any other party; (vii) the voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all the assets of Lessee or BCC, marshaling of assets or liabilities, receiverships, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition or readjustment of, or other similar proceeding affecting Lessee, BCC, or their respective assets, or the disaffirmance of the Lease in any such proceeding; (viii) any release or other reduction of the Lease Obligations arising as a result of the expansion, release, substitution or replacement (whether or not in accordance with terms of the Lease) of the Property or any portion thereof; and (ix) any defense or claim available to BCC as a result of BCC's exercise of its right to purchase the Property (or any portion thereof) pursuant to that certain Right of First Refusal Agreement of even date herewith by and between Lessor and BCC; provided, however, nothing contained in this Section shall limit or mod...
WAIVER PROVISIONS. BCC hereby knowingly, voluntarily and unequivocally waives: (i) all notice of acceptance, protest, demand and dishonor, presentment and demands of any kind now or hereafter provided for by any statute or rule of law; (ii) any and all requirements that the Lessor institute any action or proceeding, or exhaust any or all of the Lessor's
WAIVER PROVISIONS. This Waiver and Consent is subject to the provisions of Section 10.01 of the Master Agreement. [The rest of this page is intentionally left blank.]
