Xxxxxxx Waiver. Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of personal injury claims by Contractor’s employees, except to the extent those claims arise as a result of the Village’s own negligence.
Xxxxxxx Waiver. Subject to the terms and conditions set forth herein, effective as of April 29, 2020 (the “Effective Date”), the Required Lenders hereby waive the Specified Defaults arising solely from (a) the Borrower’s delivery of an audit report of the Parent and its Subsidiaries containing the Going Concern Qualification with respect to the 2019 Audited Financial Statements and (b) the Borrower’s delivery of the 2019 Financial Deliverable Package after the Applicable 2019 Financial Statements Delivery Deadline. The limited waiver set forth in this Section 1 (the “Waiver”) is limited to the extent expressly set forth herein and no other terms, covenants or provisions of the Credit Agreement or any other Loan Document shall in any way be affected hereby. The Waiver is granted only with respect to the Specified Defaults relating to the 2019 Financial Deliverable Package, and shall not apply to any financial statements or other deliverables for any other fiscal year or period, any other breach of the terms of the Credit Agreement, or any actual or prospective default or breach of any other provision of the Credit Agreement or any other Loan Document. Other than with respect to the Going Concern Qualification and the Applicable 2019 Financial Statements Delivery Deadline, the Waiver does not waive any other requirement with respect to delivery of the 2019 Financial Deliverable Package. The Waiver shall not in any manner create a course of dealing or otherwise impair the future ability of the Administrative Agent or the Lenders to declare a Default or Event of Default under or otherwise enforce the terms of the Credit Agreement or any other Loan Document with respect to any matter other than the Specified Defaults specifically and expressly waived in, and subject to the terms of, the Waiver.
Xxxxxxx Waiver. At the request of the Borrower, the Lenders hereby waive any Potential Event of Default or Event of Default which may arise under Section 6.01(h) of the Credit Agreement as a result of the Merger (the “Waiver”). The waiver granted pursuant to this Section 1 shall be limited precisely as written, and shall not extend to any Potential Event of Default or Event of Default under any other provision of the Credit Agreement.
Xxxxxxx Waiver. At the request of the Original Borrowers, the Lenders hereby waive any Potential Event of Default or Event of Default which may arise under Clause 24.8 of the Syndicated Facility Agreement as a result of the Merger (the “Waiver”). The waiver granted pursuant to this Section 1 shall be limited precisely as written, and shall not extend to any Potential Event of Default or Event of Default under any other provision of the Syndicated Facility Agreement.
Xxxxxxx Waiver. In addition to the requirements set forth above, the Consultant (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under. Consultant agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of personal injury claims by Consultant’s employees, except to the extent those claims arise as a result of the Village’s own negligence.
Xxxxxxx Waiver. At the request of CSC, the Lenders hereby waive any Potential Event of Default or Event of Default which may arise under Section 6.01(h) of the Credit Agreement as a result of the Merger (the “Waiver”). The waiver granted pursuant to this Section 1 shall be limited precisely as written, and shall not extend to any Potential Event of Default or Event of Default under any other provision of the Credit Agreement.
Xxxxxxx Waiver. Subject to the terms and conditions set forth herein, effective as of the First Amendment Effective Date, the Administrative Agent and the Lenders (constituting the Required Lenders) hereby waive the Specified Defaults. The limited waiver set forth in this Section 2.01 (the “Waiver”) is limited to the extent expressly set forth herein and no other terms, covenants or provisions of the Credit Agreement or other Credit Document shall in any way be affected by the Waiver. The Waiver is granted only with respect to the Specified Defaults and shall not apply to any other breach of the terms of the Credit Agreement or any actual or prospective default or breach of any other provision of the Credit Agreement or any other Credit Document (including, without limitation, Section 2.02 of this Amendment). Other than with respect to the Specified Defaults, the Waiver does not waive any other requirement with respect to the delivery of the Annual Financial Deliverables. The Waiver shall not in any manner create a course of dealing or otherwise impair the future ability of the Administrative Agent or the Lenders to declare a Default or Event of Default under or otherwise enforce the terms of the Credit Agreement or any other Credit Document other than with respect to the Specified Defaults specifically and expressly waived in, and subject to the terms of, the Waiver.
Xxxxxxx Waiver. Lender waives any and all covenant violations or Events of Default that have occurred or could be deemed to have occurred under the Loan Agreement, (including under Sections 5.02(c)) as a result of Borrower making capital expenditures during its 2015 fiscal year in excess of the $5,000,000, which is the maximum amount set forth in Section 5.02(c) of the Loan Agreement. The foregoing waiver is limited solely to the matters set forth herein and except as expressly modified by this Amendment, the terms and conditions of the Loan Agreement and the other Loan Documents shall remain in full force and effect.
Xxxxxxx Waiver. As of the date hereof, Borrower has delivered to Agent Title Opinions covering approximately sixty-one percent (61%) of the Recognized Value of the Proved Mineral Interests. Agent and Banks hereby agree to temporarily waive the requirement that Title Opinions be delivered with respect to the remaining portion of the Required Reserve Value of the Proved Mineral Interests. Until further notice from Agent, Borrower shall only be required to deliver Title Opinions to Agent and the Banks covering Proved Mineral Interests up to the Required Reserve Value as Agent shall reasonably request.
(a) such temporary waiver is limited solely to requirements to deliver Title Opinions in the Credit Agreement, (b) such temporary waiver shall not be applicable to any provision of any Loan Paper other than requirements to deliver Title Opinions in the Credit Agreement, and (c) such temporary waiver is a limited, one-time waiver, and nothing contained herein shall obligate Banks to grant any additional or future waiver of requirements to deliver Title Opinions in the Credit Agreement or any other provision of any Loan Paper.
Xxxxxxx Waiver. In reliance on the representations and warranties set forth in this Amendment and effective as of the Third Amendment Effective Date, the Administrative Agent and the Required Lenders party hereto hereby waive the Specified Default. The limited waiver contained in this Section 1 is a one-time waiver applicable solely to the Specified Default but no other Default or Event of Default.
