CUSTOMER WAIVERS Sample Clauses

CUSTOMER WAIVERS. You waive any rights now or hereafter (a) to reject or revoke acceptance of the Equipment or (b) to require CloudWyze to sell or otherwise use or dispose of the Equipment in mitigation of CloudWyze’s damages. In the event of Your default, You waive notices of CloudWyze’s intent to accelerate the payments, the acceleration of the payments and of the enforcement of CloudWyze’s rights hereunder. To the extent You are permitted by law, You waive all defenses You would otherwise have under the Uniform Commercial Code and common law.
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CUSTOMER WAIVERS. You waive all notices of our intent to accelerate the Monthly Payments, the acceleration of the Monthly Payments, and of the enforcement of our rights. WE AND YOU EACH AGREE TO WAIVE AND TO TAKE ALL REQUIRED STEPS TO WAIVE ALL RIGHTS TO A JURY TRIAL. To the extent you are permitted by law, you waive all rights and remedies you have under Article 2.5 (Sections 508-522) of the Uniform Commercial Code, including but not limited to your rights to: (a) cancel or repudiate this Lease; (b) reject or revoke acceptance of the Equipment; (c) recover damages from us for any breach of warranty or for any other reason; and (d) grant a security interest in any Equipment in your possession. To the extent you are permitted to by law, you also waive any rights you now or later may have under any statute or otherwise which require us to sell, lease or otherwise use any Equipment to reduce our damages or which may otherwise limit or modify any of our rights or remedies. Any action you take against us for any default including breach of warranty or indemnity, must be started within one (1) year after the event which caused it. We will not be liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver the Equipment.
CUSTOMER WAIVERS. To the extent permitted by law, you waive any rights you now or later may have under any statute or otherwise which require us to sell, lease or otherwise use any Equipment to reduce our damages including our realization of the remaining value of the Equipment, or which may otherwise limit or modify any of our rights or remedies. You hereby waive any and all rights and remedies under UCC Article 2A (Sections 508- 522). ANY LEGAL ACTION YOU FILE AGAINST US MUST BE STARTED WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO YOUR CLAIM. YOU AND WE HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION RELATED TO OR ARISING OUT OF THIS LEASE.
CUSTOMER WAIVERS. Customer waives any notice of Acts360’s intent to accelerate any payment(s) hereunder and the enforcement of Acts360’s rights pursuant hereto. Acts360 AND CUSTOMER EACH AGREE TO WAIVE AND TO TAKE ALL REQUIRED STEPS TO WAIVE ALL RIGHTS TO A JURY TRIAL. To the extent Customer is permitted by law, Customer hereby waives all rights and remedies Customer has or may have under Article 2A (Sections 508-522) of the Florida Uniform Commercial Code, including but not limited to Customer’s rights to: (i) cancel or repudiate this Agreement; (ii) reject or revoke acceptance of the Equipment; and (iii) recover damages from Acts360 for any breach of warranty or for any other reason. To the extent Customer is permitted to by law, Customer also waives any rights Customer has or may have under any statute or otherwise which require Acts360 to sell, pay or otherwise use any Equipment to reduce Acts360’s damages or which may otherwise limit or modify any of Acts360’s rights or remedies. Any action Customer takes against Acts360 for any default, including breach of warranty or indemnity, must be commenced within one (1) year after the event which caused it. Acts360 will not be liable for specific performance of this Agreement or for any losses, damages, delays or failure to deliver the Equipment.
CUSTOMER WAIVERS. You waive any rights now or hereafter (a) to reject or revoke acceptance of the Equipment or (b) to require Us to sell or otherwise use or dispose of the Equipment in mitigation of Our damages. In the event of Your default, You waive notices of Our intent to accelerate the payments, the acceleration of the payments and of the enforcement of Our rights hereunder. To the extent You are permitted by law, You waive all defenses You would otherwise have under the Uniform Commercial Code and common law.
CUSTOMER WAIVERS. Customer waives any rights now or hereafter (a) to reject or revoke acceptance of the Equipment or (b) to require CloudWyze to sell or otherwise use or dispose of the Equipment in mitigation of CloudWyze’s damages. In the event of Customer’s default, Customer waive notices of CloudWyze’s intent to accelerate the payments, the acceleration of the payments, and of the enforcement of CloudWyze’s rights hereunder. To the extent Customer is permitted by law, Customer waives all defenses Customer would otherwise have under the Uniform Commercial Code and common law.

Related to CUSTOMER WAIVERS

  • Non-Waivers A failure or delay of either Party to enforce any of the provisions hereof, to exercise any option which is herein provided, or to require performance of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or options, and each Party, notwithstanding such failure, shall have the right thereafter to insist upon the performance of any and all of the provisions of this Agreement.

  • Other Waivers The Borrower waives notice of nonpayment, demand, notice of demand, presentment, protest and notice of protest with respect to the Obligations, or notice of acceptance hereof, notice of Loans made, credit extended, Collateral received or delivered, or any other action taken in reliance hereon, and all other demands and notices of any description, except such as are expressly provided for herein.

  • Severability; Waivers If any part of this Agreement is not enforceable, the rest of the Agreement may be enforced. The Bank retains all rights, even if it makes a loan after default. If the Bank waives a default, it may enforce a later default. Any consent or waiver under this Agreement must be in writing.

  • JURY TRIAL WAIVER; OTHER WAIVERS AND CONSENTS; GOVERNING LAW 11.1 Governing Law; Choice of Forum; Service of Process;

  • Landlord Waivers; Bailee Waivers In the event that Borrower or any of its Subsidiaries, after the Effective Date, intends to add any new offices or business locations, including warehouses, or otherwise store any portion of the Collateral with, or deliver any portion of the Collateral to, a bailee, in each case pursuant to Section 7.2, then Borrower or such Subsidiary will first receive the written consent of Collateral Agent and, in the event that the Collateral at any new location is valued in excess of Two Hundred Fifty Thousand ($250,000.00) in the aggregate, such bailee or landlord, as applicable, must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Collateral Agent prior to the addition of any new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be.

  • Modifications; Waivers This Agreement may not be changed, modified or terminated, nor may any provision hereof be waived, except by a writing signed by the party to be charged with any such change, modification, termination or waiver. The waiver of any of the terms and conditions of this Agreement on any occasion or occasions shall not be deemed a waiver of such terms and conditions on any future occasion.

  • Modification; Waivers No modification, termination or attempted waiver of this Agreement will be valid unless in writing, signed by the party against whom such modification, termination or waiver is sought to be enforced.

  • Certain Waivers Each Guarantor waives (a) any defense arising by reason of any disability or other defense of the Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of any Secured Party) of the liability of the Borrower or any other Loan Party; (b) any defense based on any claim that such Guarantor’s obligations exceed or are more burdensome than those of the Borrower or any other Loan Party; (c) the benefit of any statute of limitations affecting any Guarantor’s liability hereunder; (d) any right to proceed against the Borrower or any other Loan Party, proceed against or exhaust any security for the Secured Obligations, or pursue any other remedy in the power of any Secured Party whatsoever; (e) any benefit of and any right to participate in any security now or hereafter held by any Secured Party; and (f) to the fullest extent permitted by law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties. Each Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Secured Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Secured Obligations.

  • Waivers; Modifications Except as set forth in a written instrument included in the related Mortgage File, the (A) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A) and/or (B), to an extent or in a manner that in any such event materially interferes with the security intended to be provided by such document or instrument. Schedule I identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to American Capital Strategies Ltd. (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement and/or as to which, since such date, there has been (in writing) a waiver other than as related to routine operational matters or minor covenants.

  • Disclaimers and Waivers LESSOR AND LESSEE AGREE THAT THE DISCLAIMERS, WAIVERS AND CONFIRMATIONS SET FORTH IN CLAUSES 16.1 TO 16.4 BELOW SHALL APPLY AT ALL TIMES DURING THE TERM. LESSEE'S ACCEPTANCE OF THE AIRCRAFT IN ACCORDANCE WITH SECTION 4.3 SHALL BE CONCLUSIVE EVIDENCE THAT -58- LESSEE HAS FULLY INSPECTED THE AIRCRAFT AND EVERY PART THEREOF AND THAT THE AIRCRAFT, THE ENGINES, THE PARTS AND THE AIRCRAFT DOCUMENTS AND RECORDS ARE TECHNICALLY ACCEPTABLE TO LESSEE AND SATISFY THE DELIVERY CONDITION REQUIREMENTS AND ARE IN SUITABLE CONDITION FOR DELIVERY TO AND ACCEPTANCE BY LESSEE.

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