Effect of Delay Clause Samples

Effect of Delay. Any failure or delay by the Company to exercise the Company’s right to terminate Employee's employment under this Agreement with respect to any one (1) or more of the matters referred to in Section 5.3 hereof, shall not be deemed to be a waiver by the Company of the Company’s right of termination of this Agreement in respect of that Act of Breach or incapacity (provided it shall be continuing) or of any subsequent Act of Breach or incapacity.

Effect of Delay. Executive’s or the Company’s failure to insist upon strict compliance with any provision of this Agreement or the failure to assert any right Executive or the Company may have hereunder, including without limitation the right of Executive to terminate employment for Good Reason pursuant to Section 6.6, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

Effect of Delay. Neither failure nor delay on the part of Agent or the Lenders to exercise any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

Effect of Delay. Neither party is responsible or liable for the portion of any delay or failure of performance caused in whole or in part by the other party’s delay in performing, or failure to perform, any of Customer’s obligations under this Agreement.

Effect of Delay. If the Occupancy Conditions specified in § 3.2.3 below are not met by the Target Date specified in § 1.4 above, the Commencement Date shall not occur until the date on which the Occupancy Conditions are met and Landlord delivers the Premises in the required condition; and in any such case, Tenant shall not have the right to terminate the Lease, but Tenant’s obligation to pay Rent shall be delayed until the occurrence of the Commencement Date.

Effect of Delay. In addition to any specific provisions of this Agreement, performance by either party of its obligations hereunder shall be excused during any period of delay caused at any time before termination or expiration of this Agreement by reason of acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, national shortages of materials or supplies, or damage to work in process by reason of fire, floods, earthquake, or other casualties or any other cause beyond the reasonable control of the delaying party. Further, if any City approvals required hereunder shall be unreasonably delayed beyond the normal time period through no fault of Owners or their assigns, the term of this Agreement shall be extended by a period equal to the time of the delay.

Effect of Delay. Waiver: Foreclosure on Collateral. No delay or omission of Lender, in exercising any right or power arising from any Event of Default shall prevent Lender from exercising that right or power if the Event of Default continues. No waiver of an Event of Default, whether full or partial, by Lender or such holder shall be taken to extend to any subsequent Event of Default, or to impair the rights of Lender in respect of any damages suffered as a result of the Event of Default. The giving, taking or enforcement of any other or additional security, collateral or guaranty for the payment or discharge of the Indebtedness and performance of the Obligations shall in no way operate to prejudice, waive or affect the security interest created by this Security Agreement or any rights, powers or remedies exercised hereunder or thereunder. Lender shall not be required first to foreclose on the Collateral prior to bringing an action against Borrower for sums owed to Lender under this Security Agreement or under any Note.

Effect of Delay. Failure or delay by Licensor to exercise its rights of termination hereunder by reason of any default by Licensee in carrying out any obligation imposed upon it by this agreement shall not operate to prejudice Licensor’s right of termination for any other subsequent default by Licensee.

Effect of Delay. To the extent that any item of Landlord’s Work which is required to be substantially completed as of the applicable Target Date is, in fact, not completed as of such date, the provisions of this Section III.B and of Section III.C, below, shall apply as Tenant’s sole and exclusive remedy: (i) If and to the extent the non-completion of such item(s) does not materially affect Tenant’s use and occupancy of an applicable of the Premises, then provided Landlord continues to pursue the completion of such items with all due diligence, such non-completion shall not affect the Rent Commencement Date of this Lease or otherwise result in or give rise to any damages or penalties payable by Landlord to Tenant, or otherwise constitute a default by Landlord under this Lease. (ii) If and to the extent the non-completion of such item(s) does materially affect Tenant’s use and occupancy of an applicable of the Premises, then: (A) If and to the extent such non-completion occurs as a result of any event of “Force Majeure”, the Rent Commencement Date of this Lease for the applicable shall be extended one (1) day for each day which elapses between the Target Date and the date such items are substantially completed by Landlord (provided that in no event shall the Rent Commencement Date of this Lease for an Applicable be extended to a date later than the date upon which Landlord achieves “Substantial Completion” of Landlord’s Work unless the non-completion of an item of Landlord’s Work legally prevents Tenant from commencing occupancy of the Premises). (B) If and to the extent such non-completion occurs as a result of Landlord’s failure to perform, and not as a result of any Tenant Delays or Force Majeure, then (1) the Rent Commencement Date of this Lease for such shall be extended one (1) day for each day which elapses between the Target Date for such and the date such items are substantially completed by Landlord (provided that in no event shall the Rent Commencement Date of this Lease for a be extended to a date later than the date upon which Landlord achieves “Substantial Completion” of Landlord’s Work upon such unless the non-completion of an item of Landlord’s Work legally prevents Tenant from commencing occupancy of the Premises), and (2) Tenant shall also be entitled to receive a credit against Base Rent (commencing on the Rent Commencement Date, as adjusted pursuant to this subparagraph) of one-half (1/2) day of Base Rent for the applicable for each of the first thirty (3...