Common use of Waiver of Clause in Contracts

Waiver of. DEFENCES The liabilities and obligations of each of the Acceding Guarantors under this Agreement shall remain in force notwithstanding any act, omission, neglect, event or matter whatsoever, except the proper and valid payment of all the Guaranteed Amounts and, without prejudice to its generality, the foregoing shall apply in relation to anything which would have discharged the Guarantors (wholly or in part) or which would have afforded the Guarantors any legal or equitable defence, and in relation to any winding up, reconstruction, reorganisation or dissolution of, or any change in constitution or corporate identity or loss of corporate identity by, the Borrower, any other Guarantor or any other person and any incapacity or lack of corporate power or authority of any person. Without prejudice to the generality of the foregoing none of the liabilities or obligations of the Acceding Guarantors under this Agreement shall be impaired by the Finance Parties (or any of them): 18.6.1 agreeing with any Obligor any variation or departure (however substantial) of or from any Financing Document and any such variation or departure shall, whatever its nature, be binding upon each Acceding Guarantor in all circumstances, notwithstanding that it may increase or otherwise affect the liability of the Guarantors, PROVIDED THAT if any variation which would increase the liability of any Acceding Guarantor is made without each Acceding Guarantor's prior written consent the amount of each Acceding Guarantor's liability under this Clause 18.6 shall be limited to the amount for which it would have been liable had such variation not been made; 18.6.2 releasing or granting any time or any indulgence whatsoever to the Borrower and, in particular, waiving any of the pre-conditions for Advances under this Agreement or any contravention by the Borrower of any of the Financing Documents, or entering into any transaction or arrangements whatsoever with or in relation to the Borrower and/or any third party; 18.6.3 taking, accepting, varying, dealing with, enforcing, abstaining from enforcing, surrendering or releasing any security for the Guaranteed Amounts in such manner as it or they think fit; 18.6.4 claiming, proving for, accepting or transferring any payment in respect of the Guaranteed Amounts in any composition by, or winding up of, the Borrower and/or any third party or abstaining from so claiming, proving, accepting or transferring.

Waiver of. DEFENCES The liabilities Redemption: 18. In case of any such default re-entry, expiration and/or dispossess by summary proceedings or otherwise, (a) the rent shall become due thereupon and obligations be paid up to the time of each such re-entry, dispossess and/or expiration, (b) Owner may re-let the demised premises or any part or parts thereof, either in the name of Owner or otherwise, for a term or terms, which may at Owner's option be less than or exceed the period which would otherwise have constituted the balance of the Acceding Guarantors under term of this Agreement lease, and may grant concessions or free rent or charge a higher rental than that in this lease, and/or (c) Tenant or the legal representatives of Tenant shall remain in force notwithstanding also pay to Owner as liquidated damages for the failure of Tenant to observe and perform said Tenant's covenants herein contained, any actdeficiency between the rent hereby reserved and/or covenanted to be paid and the net amount if any, omission, neglect, event of the rents collected on account of the lease or matter whatsoever, except leases of the proper and valid payment demised premises for each month of all the Guaranteed Amounts and, without prejudice to its generality, the foregoing shall apply in relation to anything period which would otherwise have discharged constituted the Guarantors (wholly balance of the term of this lease. The failure of Owner to re-let the demised premises, or any part or parts thereof, shall not release or affect Tenant's liability for damages. In computing such liquidated damages there shall be added to the said deficiency such expenses as Owner may incur in connection with re-letting, such as legal expenses, reasonable attorney's fees, brokerage, advertising and for keeping the demised premises in good order or for preparing the same for re-letting. Any such liquidated damages shall be paid in monthly installments by Tenant on the rent day specified in this lease, and any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Owner to collect the deficiency for any subsequent month by a similar proceeding. Owner, in putting the demised premises in good order or preparing the same for re-rental may, at Owner's option, make such alterations, repairs, replacements, and/or decorations in the demised premises as Owner, in Owner's sole judgment considers advisable and necessary for the purpose of re-letting the demised premises, and the making of such alterations, repairs, replacements, and/or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid.14 "Owner shall in no event be liable in any way whatsoever for failure to re-let the demised premises, or in part) or which would have afforded the Guarantors any legal or equitable defenceevent that the demised premises are re-let for failure to collect the rent thereof under such re-letting, and in relation no event shall Tenant be entitled to receive any winding upexcess, reconstructionif any, reorganisation of such net rents collected over the sums payable by Tenant to Owner hereunder. In the event of a breach or dissolution of, or any change in constitution or corporate identity or loss of corporate identity by, the Borrower, any other Guarantor or any other person and any incapacity or lack of corporate power or authority of any person. Without prejudice to the generality of the foregoing none of the liabilities or obligations of the Acceding Guarantors under this Agreement shall be impaired threatened breach by the Finance Parties (or any of them): 18.6.1 agreeing with any Obligor any variation or departure (however substantial) of or from any Financing Document and any such variation or departure shall, whatever its nature, be binding upon each Acceding Guarantor in all circumstances, notwithstanding that it may increase or otherwise affect the liability of the Guarantors, PROVIDED THAT if any variation which would increase the liability of any Acceding Guarantor is made without each Acceding Guarantor's prior written consent the amount of each Acceding Guarantor's liability under this Clause 18.6 shall be limited to the amount for which it would have been liable had such variation not been made; 18.6.2 releasing or granting any time or any indulgence whatsoever to the Borrower and, in particular, waiving any of the pre-conditions for Advances under this Agreement or any contravention by the Borrower Tenant of any of the Financing Documentscovenants or provisions hereof, Owner shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this lease of any particular remedy, shall not preclude Owner from any other remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or entering into any transaction or arrangements whatsoever with or in relation to the Borrower and/or any third party; 18.6.3 taking, accepting, varying, dealing with, enforcing, abstaining from enforcing, surrendering or releasing any security for the Guaranteed Amounts in such manner as it or they think fit; 18.6.4 claiming, proving for, accepting or transferring any payment in respect event of Owner obtaining possession of the Guaranteed Amounts in demised premises, by reason of the violation by Tenant of any composition byof the covenants and conditions of this lease, or winding up of, the Borrower and/or any third party or abstaining from so claiming, proving, accepting or transferringotherwise.

Waiver of. DEFENCES The liabilities DEFENSES Guarantor hereby waives the right to require Lessor to (a) proceed against Lessee (except as otherwise provided herein); (b) proceed against or exhaust any security that Lessor holds from Lessee; or (c) pursue any other remedy in Lessor's power. Until all of Lessee's obligations to Lessor have been discharged in full, Guarantor has no right to subrogation against Lessee. Guarantor waives its right to enforce any remedies that Lessor now has, or later may have, against Lessee. Guarantor waives any right to participate in any security now or later held by Lessor. Guarantor waives all presentments, protests, notices of protest, notices of dishonor and obligations notices of each acceptance of this Guaranty, and except as otherwise provided herein waives all notice of the Acceding Guarantors under this Agreement shall remain in force notwithstanding any actexistence, omission, neglect, event or matter whatsoever, except the proper and valid payment of all the Guaranteed Amounts and, without prejudice to its generality, the foregoing shall apply in relation to anything which would have discharged the Guarantors (wholly or in part) or which would have afforded the Guarantors any legal or equitable defence, and in relation to any winding up, reconstruction, reorganisation or dissolution ofcreation, or any change in constitution or corporate identity or loss of corporate identity by, the Borrower, any other Guarantor or any other person and any incapacity or lack of corporate power or authority of any person. Without prejudice to the generality incurring of the foregoing none new or additional obligations. The liability of Guarantor hereunder shall in no way be affected by (a) the release or discharge of the liabilities Lessee in any bankruptcy, receivership or obligations other proceedings; (b) the impairment, limitation or modification of the Acceding Guarantors under this Agreement shall be impaired by the Finance Parties (or any of them): 18.6.1 agreeing with any Obligor any variation or departure (however substantial) of or from any Financing Document and any such variation or departure shall, whatever its nature, be binding upon each Acceding Guarantor in all circumstances, notwithstanding that it may increase or otherwise affect the liability of Lessee or the Guarantorsestate of Lessee in bankruptcy, PROVIDED THAT if or of any variation which would increase remedy for the enforcement of Lessee's said liability under the Lease, resulting from the operation of any present or future provision of the bankruptcy laws or other statutes or from the decisions of any court; (c) the rejection or disaffirmance of the Lease in any proceeding; (d) the assignment or transfer of the Lease by Lessee; (e) any disability or other defense of Lessee; or (f) the cessation from any cause whatsoever of the liability of any Acceding Guarantor is made without each Acceding Guarantor's prior written consent the amount of each Acceding Guarantor's liability under this Clause 18.6 shall be limited to the amount for which it would have been liable had such variation not been made; 18.6.2 releasing or granting any time or any indulgence whatsoever to the Borrower and, in particular, waiving any of the pre-conditions for Advances under this Agreement or any contravention by the Borrower of any of the Financing Documents, or entering into any transaction or arrangements whatsoever with or in relation to the Borrower and/or any third party; 18.6.3 taking, accepting, varying, dealing with, enforcing, abstaining from enforcing, surrendering or releasing any security for the Guaranteed Amounts in such manner as it or they think fit; 18.6.4 claiming, proving for, accepting or transferring any payment in respect of the Guaranteed Amounts in any composition by, or winding up of, the Borrower and/or any third party or abstaining from so claiming, proving, accepting or transferringLessee.