Common use of Delay Not a Waiver Clause in Contracts

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and Lenders in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes or any other Loan Document, Administrative Agent and Lenders shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and Lenders or any Lender, in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes or any other Loan Document, Administrative Lenders and Agent and Lenders shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and or Lenders in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any other Loan Document, Administrative Agent and Lenders shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and Lenders or Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any other Loan Document, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any other Loan Document, neither Lender nor Administrative Agent and Lenders shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount. A waiver of one Default or Event of Default shall not be construed to be a waiver of any subsequent Default or Event of Default or to impair any remedy, right or power consequent thereon.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and Lenders or Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any other Loan Document, or any other instrument given as security -87- therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any other Loan Document, Administrative Agent and Lenders Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and Lenders Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any of the other Loan DocumentDocuments, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any of the other Loan DocumentDocuments, Administrative Agent and Lenders Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes Note or any of the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and Lenders or any Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any other Loan Document, neither Administrative Agent and Lenders nor Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.. Section

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent and Lenders or any Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege privilege, hereunder, or under the any Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes any Note or any other Loan Document, Administrative Agent and Lenders shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.