Common use of Powers and Rights Not Waived Clause in Contracts

Powers and Rights Not Waived. Any failure by Administrative Agent or Lenders to insist upon the strict performance by Grantor of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof, and Administrative Agent and Lenders, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Grantor of any and all of the terms and provisions of this Deed of Trust to be performed by Grantor. Neither Grantor nor any other person now or hereafter obligated for the payment of the whole or any part of the sums now or hereafter secured by this Deed of Trust shall be relieved of such obligation by reason of the failure of Administrative Agent or Lenders to comply with any request of Grantor, or of any other person so obligated, to take action to foreclose this Deed of Trust or otherwise enforce any of the provisions of this Deed of Trust or any obligations secured by this Deed of Trust, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Deed of Trust, or by reason of any agreement or stipulation between any subsequent owner or owners of the Property and Administrative Agent extending the time of payment or modifying the terms of the Obligations or of this Deed of Trust without first having obtained the consent of Grantor or such other person, and in the latter event, Grantor and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly discharged in writing by Administrative Agent. Regardless of consideration, Administrative Agent may, or at the request of the Required Lenders shall, release the obligation of any party at any time liable for any of the Obligations without in any way impairing or affecting the lien hereof, and Administrative Agent and Lenders may resort for the payment of the Obligations to any other security therefor held by Administrative Agent and Lenders in such order and manner as it may elect.

Powers and Rights Not Waived. Any failure by Administrative Agent the Beneficiary or Lenders the Secured Parties to insist upon the strict performance by the Grantor of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof, and Administrative Agent the Beneficiary and Lendersthe Secured Parties, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Grantor of any and all of the terms and provisions of this Deed of Trust to be performed by the Grantor. Neither the Grantor nor any other person Person now or hereafter obligated for the payment of the whole or any part of the sums now or hereafter secured by this Deed of Trust shall be relieved of such obligation by reason of the failure of Administrative Agent the Beneficiary or Lenders the Secured Parties to comply with any request of the Grantor, or of any other person Person so obligated, to take action to foreclose this Deed of Trust or otherwise enforce any of the provisions of this Deed of Trust or any obligations secured by this Deed of Trust, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Deed of Trust, or by reason of any agreement or stipulation between any subsequent owner or owners of the Property and Administrative Agent the Beneficiary extending the time of payment or modifying the terms of the Secured Obligations (provided that such modifications shall not increase the principal amount of the Secured Obligations or the interest rate, except with respect to default interest rate provisions) or of this Deed of Trust without first having obtained the consent of the Grantor or such other personPerson, and in the latter event, the Grantor and all such other persons Persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly discharged in writing by Administrative Agentthe Beneficiary. Regardless of consideration, Administrative Agent the Beneficiary may, or at the request of the Required Requisite Lenders shall, release the obligation of any party at any time liable for any of the Secured Obligations without in any way impairing or affecting the lien hereof, and Administrative Agent the Beneficiary and Lenders the Secured Parties may resort for the payment of the Secured Obligations to any other security therefor held by Administrative Agent the Beneficiary and Lenders the Secured Parties in such order and manner as it may elect.

Powers and Rights Not Waived. Any failure by Administrative Agent the Mortgagee or Lenders the Secured Parties to insist upon the strict performance by Grantor the Mortgagor of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof, and Administrative Agent the Mortgagee and Lendersthe Secured Parties, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Grantor the Mortgagor of any and all of the terms and provisions of this Deed of Trust Mortgage to be performed by Grantorthe Mortgagor. Neither Grantor the Mortgagor nor any other person Person now or hereafter obligated for the payment of the whole or any part of the sums now or hereafter secured by this Deed of Trust Mortgage shall be relieved of such obligation by reason of the failure of Administrative Agent the Mortgagee or Lenders the Secured Parties to comply with any request of Grantorthe Mortgagor, or of any other person Person so obligated, to take action to foreclose this Deed of Trust Mortgage or otherwise enforce any of the provisions of this Deed of Trust Mortgage or any obligations secured by this Deed of TrustMortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Deed of TrustMortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of the Property and Administrative Agent the Mortgagee extending the time of payment or modifying the terms of the Secured Obligations (provided that such modifications shall not increase the principal amount of the Secured Obligations or the interest rate, except with respect to default interest rate provisions) or of this Deed of Trust Mortgage without first having obtained the consent of Grantor the Mortgagor or such other personPerson, and in the latter event, Grantor the Mortgagor and all such other persons Persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly discharged in writing by Administrative Agentthe Mortgagee. Regardless of consideration, Administrative Agent the Mortgagee may, or at the request of the Required Requisite Lenders shall, release the obligation of any party at any time liable for any of the Secured Obligations without in any way impairing or affecting the lien hereof, and Administrative Agent the Mortgagee and Lenders the Secured Parties may resort for the payment of the Secured Obligations to any other security therefor held by Administrative Agent the Mortgagee and Lenders the Secured Parties in such order and manner as it may elect.