Acceptance by the Clause Samples

Acceptance by the. National Franchisor and/or the Franchisor of any non-payment by the Franchisee, and failure, refusal or neglect of the National Franchisor and/or the Franchisor to exercise any right under this Agreement or to insist upon full compliance by the Franchisee with its obligations in this Agreement or in the Manuals, including without limitation any specification, standard, operating procedure or instruction will not constitute a waiver of any provision of this Agreement. Any waiver granted by the National Franchisor and/or the Franchisor will be without prejudice to any other rights it may have, and may be revoked at any time, and for any reason, by written notice.

Acceptance by the. Construction Manager of the use of the Owner’s water, gas and electrical energy constitutes a release from the Construction Manager to the Owner of all claims and liability for any damages or losses which may be incurred by the Construction Manager as a result of water, gas and electrical energy outages or voltage variations or surges, but not for time extensions arising out of the interruption or cessation of these utilities.

Acceptance by the. Custodian of its duties under this Agreement is subject to the following terms and conditions, which the parties to this Agreement hereby agree shall govern and control the rights, duties and immunities of the Custodian: (i) The duties and obligations of the Custodian shall be determined solely by the express provisions of this Agreement and the Custodian shall not be liable except for performance of such duties and obligations as are specifically set out in this Agreement; (ii) The Custodian shall be fully protected by Borrower in acting or relying upon any written notice, direction, request, waiver, consent, receipt or other paper or document which the Custodian in good faith believes to be genuine and to have been signed or presented by the proper party or parties; (iii) The Custodian shall not be liable for any error of judgment, or for any act done or step taken or omitted by it in good faith or for any mistakes of fact or law, or for anything which it may do or refrain from doing in connection herewith, except its own gross negligence or willful misconduct; (iv) Custodian shall not be responsible to any party hereto for any recitals, statements, representations or warranties contained in the Loan Agreement or in any Loan Document; or for the execution, effectiveness, genuineness, validity, enforceability, collectability, or sufficiency of the Loan Agreement or any other Loan Documents or instruments executed and delivered, or which could have been executed or delivered in connection with the Loan Agreement or the other Loan Documents, including without limitation the attachment, creation, effectiveness or perfection of the (v) The Custodian may seek the advice of legal counsel in the event of any dispute or question as to the construction of any of the provisions of this Agreement or its fully protected in respect of any action taken, omitted or suffered by it in good faith in accordance with the written opinion of such counsel.

Acceptance by the. Owner involves the determination that the construction of the Site/portion/system has been completed or substantially completed in accordance with the Owner's plans and specifications.

Acceptance by the. Distributor of any orders from the Sub-Distributor after termination of this Agreement shall, not constitute a renewal of this Agreement or a waiver of the right of the Distributor to treat this Agreement as terminated.

Acceptance by the. [Trustee][Issuing Entity] of the Mortgage Loans. The [Trustee, on behalf of the Trust][Issuing Entity], hereby accepts the Trust Fund and assumes the obligations of the Depositor under [the Representations and Warranties Agreement or the Assignment Agreement] from and after the Closing Date and solely insofar as they relate to the Mortgage Loans. For avoidance of doubt, the parties acknowledge that all obligations so assumed are obligations of the Trust and, to the extent such obligations are payment or monetary obligations, are payable solely from the Trust Fund, and not of the [Delaware] Trustee in its individual capacity. The Custodian acknowledges receipt of the documents identified in the Initial Certification in the form annexed hereto as Exhibit F, subject to any exceptions listed on the exception report attached thereto, and the Trustee declares that the Custodian, on the [Delaware] Trustee’s behalf, holds and will hold such documents and the other documents delivered to the Custodian pursuant to Section 2.01, and that the Custodian holds or will hold such other assets as are included in the Trust Fund, in trust for the exclusive use and benefit of all present and future Certificateholders. The Custodian acknowledges that it will maintain possession of the related Mortgage Notes in the State of [ ], unless otherwise permitted by the Rating Agencies. Prior to and as a condition to the Closing, the Custodian shall deliver via facsimile (with original to follow the next Business Day) to the Depositor, the [Delaware] Trustee, the Master Servicer and the applicable Servicer an Initial Certification prior to the Closing Date, or as the Depositor agrees to, on the Closing Date, certifying receipt of a Mortgage Note and Assignment of Mortgage for each Mortgage Loan with any exceptions noted on the exception report attached thereto. The Custodian shall not be responsible to verify the validity, sufficiency or genuineness of any document in any Custodial File. On the Closing Date, the Custodian shall ascertain that all documents required to be reviewed by it are in its possession, and shall deliver to the Depositor, the [Delaware] Trustee, the Master Servicer and the applicable Servicer an Initial Certification, in the form annexed hereto as Exhibit F, and shall deliver to the Depositor, the [Delaware] Trustee, the Master Servicer and each Servicer a Document Certification and Exception Report, in the form annexed hereto as Exhibit G, within 90 days (or with...