Common use of Delay and Waiver Clause in Contracts

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Banks or the Lender Groups upon the occurrence of any Borrower Event of Default or Borrower Inchoate Default or any other Project Event of Default or Project Inchoate Default or any breach or default by a Borrower of the Credit Parties under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentBanks or the Lender Groups (or the members thereof), the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Borrower Event of Default, Borrower Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default be deemed a waiver of any other Borrower Event of Default, Borrower Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Agent Banks and/or the Lender Groups (or any Lender the members thereof) of any Borrower Event of Default, Borrower Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Agent Banks and/or the Lender Groups (or any Lender the members thereof) of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, the Agent or any Banks, the Lender Groups (and the members thereof) and the other Secured Parties shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Potential Event of Default, Material Adverse Effect or any breach or default of Borrower or any other breach Loan Party or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Potential Event of Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Potential Event of Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Administrative Agent or any Lender the Secured Parties of any Event of Default Default, Potential Event of Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Agent, the Administrative Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of Administrative Agent and the Disbursement AgentSecured Parties, the Agent or any Lender shall be cumulative and not alternative. The Agent on behalf If any Event of Default has been waived by the Lenders (acting at the direction of the Required Lenders) Secured Parties in accordance with Section 9.9 and any other party heretothis Section 10.3, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no then after such waiver becomes effective the applicable Event of Default shall for all purposes under the Credit Documents be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachbe no longer continuing.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company under this Agreement shall impair any such right, power or remedy of the Disbursement AgentFunding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Funding Agents, the Lenders or the Disbursement Agent, the Agent or any Lender of any Potential Event of Default, Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Funding Agents, the Lenders or the Disbursement Agent, the Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. Neither any waiver, permit, consent or approval of any kind or character on the part of any of the Funding Agents, the Lenders or the Disbursement Agent of any Potential Event of Default, Event of Default or other breach or default under this Agreement nor any waiver on the part of any of the Funding Agents, the Lenders or the Disbursement Agent of any provision or condition of this Agreement shall be effective or binding with respect to any other Operative Document. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement AgentFunding Agents, the Lenders or the Disbursement Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Effect or any breach or default of Borrower or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, Collateral Agent, Issuing Bank or the Agent or any Lender Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, Collateral Agent, Issuing Bank or the Agent or any Lender Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent, Issuing Bank and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Administrative Agent, the Second Lien Collateral Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent Administrative Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Agent Administrative Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Agent Administrative Agent, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender shall be cumulative and not alternative. The Administrative Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to XLCA, the Swap Counterparty or the Trustee or any other Secured Party upon the occurrence of any Issuer Event of Default or Issuer Inchoate Default or any other Project Event of Default or Project Inchoate Default or any breach or default by a Borrower of any other Party under this Agreement or any other Financing Document shall impair any such right, power or remedy of the Disbursement Agentany Secured Party, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor shall any waiver of any single Issuer Event of Default, Issuer Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default be deemed a waiver of any other Issuer Event of Default, Issuer Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Collateral Agent, XLCA, the Agent or any Lender Swap Counterparty and/or the Trustee of any Issuer Event of Default, Issuer Inchoate Default, Project Event of Default or Project Inchoate Default or other breach or default under this AgreementAgreement or any other Financing Document, or any waiver on the part of any of the Disbursement Collateral Agent, XLCA, the Agent or any Lender Swap Counterparty and/or the Trustee of any provision or condition of this AgreementAgreement or any other Financing Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Financing Document or by law or otherwise afforded to any of the Disbursement Collateral Agent, XLCA, the Agent Swap Counterparty or any Lender the Trustee and the other Secured Parties shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Default, Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender nor shall it be construed to be a waiver of any such Default, Event of Default, breach or default, or an acquiescence therein, or in any similar Default, Event of Default, breach or default thereafter occurring, nor shall any waiver of any single Default, Event of Default or other breach or default be deemed a waiver of any other Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender of any Default, Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forthforth and any such waiver shall not constitute a continuing waiver of similar or other Defaults, Events of Default, breaches or defaults, nor shall any such waiver constitute a waiver by any other party with respect to such breach or default. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Collateral Agent, the Administrative Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Change or any breach or default of any Borrower Party or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent, LC Issuers and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company under this Agreement shall impair any such right, power or remedy of the Disbursement Bank Agent, the Bank Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent, the Agent or any Lender of any Potential Event of Default, Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent, the Agent or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. Neither any waiver, permit, consent or approval of any kind or character on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent of any Potential Event of Default, Event of Default or other breach or default under this Agreement nor any waiver on the part of any of the Bank Agent, the Bank Lenders or the Disbursement Agent of any provision or condition of this Agreement shall be effective or binding with respect to any other Operative Document. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Bank Agent, the Bank Lenders or the Disbursement Agent or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company Group or any of them under this any Facility Agreement, the Disbursement Agreement or any Related Collateral Agreement shall impair any such right, power or remedy of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of or any kind or character on the part of any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary of any Potential Event of Default, Event of Default or other breach or default under this Agreement, any Related Collateral Agreement or any other Financing Agreement, or any waiver on the part of any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary, of any provision or condition of this AgreementAgreement or any other operative document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement, under any Related Collateral Agreement or any other Financing Agreement or by law or otherwise afforded to any of the Credit Parties, the Disbursement Agent, the Intercreditor Agent or any Lender the Securities Intermediary shall be cumulative and not alternative. The Agent alternative (subject to any limitations on behalf the exercise of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of such remedies imposed under this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breachAgreement).

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of LCR or the Phase II Mall Borrowers under this Agreement shall impair any such right, power or remedy of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party, of any Potential Event of Default, Event of Default or other breach or default under this Agreement or any other Financing Agreement, or any waiver on the part of any of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party, of any provision or condition of this AgreementAgreement or any other Operative Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Financing Agreement or by law or otherwise afforded to any of the Disbursement AgentBank Arranger, the Funding Agents, the Lenders, the Disbursement Agent or any Lender other Secured Party, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Potential Event of Default or Event of Default or any other breach or default by a Borrower of the Company under this Agreement shall impair any such right, power or remedy of the Disbursement Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or any Lender other Secured Party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Potential Event of Default, Event of Default or other breach or default be deemed a waiver of any other Potential Event of Default, Event of Default or other breach or default theretofore theretofor or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or any Lender other Secured Party, of any Potential Event of Default, Event of Default or other breach or default under this AgreementAgreement or any other Loan Document, or any waiver on the part of any of the Disbursement Bank Agent, the Collateral Agent, any of the Lenders, the Disbursement Agent or any Lender other Secured Party, of any provision or condition of this AgreementAgreement or any other Operative Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. The giving or granting of any consent or waiver in any instance shall not obligate the party giving such consent or waiver, or any other Person, to give a consent or waiver in any similar or dissimilar circumstance in the future. All remedies remedies, either under this Agreement or any other Loan Document or by law or otherwise afforded to any of the Disbursement Bank Agent, the Collateral Agent, the Lenders, the Disbursement Agent or any Lender other Secured Party, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing upon the occurrence of any Event of Default or any other breach or default by a the Borrower under this Agreement shall impair any such right, power or remedy of the Disbursement Agent, the Administrative Agents, the Second Lien Collateral Agent or any Lender nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or in any similar breach or default thereafter occurring, nor shall any waiver of any single Event of Default or other breach or default be deemed a waiver of any other Event of Default or other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Agent, the Agent Administrative Agents, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any Event of Default or other breach or default under this Agreement, or any waiver on the part of any of the Disbursement Agent, the Agent Administrative Agents, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender of any provision or condition of this Agreement, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies under this Agreement or by law or otherwise afforded to any of the Disbursement Agent, the Agent Administrative Agents, the Second Lien Collateral Agent, the Second Lien Secured Parties or any Lender shall be cumulative and not alternative. The Agent on behalf of the Lenders Administrative Agents (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Change or any breach or default of any Borrower Party or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Change or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent, LC Issuer and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.

Delay and Waiver. No delay or omission to exercise any right, power or remedy accruing to the Secured Parties upon the occurrence of any Event of Default Default, Inchoate Default, Material Adverse Effect or any breach or default of Borrower or any other breach Calpine Entity or default by a Borrower unsatisfied condition precedent under this Agreement or any other Credit Document shall impair any such right, power or remedy of the Disbursement AgentSecured Parties, the Agent or any Lender nor shall it be construed to be a waiver of any such breach or defaultdefault or unsatisfied condition precedent, or an acquiescence therein, or of or in any similar breach or default or unsatisfied condition precedent thereafter occurring, nor shall any waiver of any single Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent be deemed a waiver of any other Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any Event of Default Default, Inchoate Default, Material Adverse Effect or other breach or default or unsatisfied condition precedent under this AgreementAgreement or any other Credit Document, or any waiver on the part of any of the Disbursement Administrative Agent, the Collateral Agent or any Lender the Secured Parties of any provision or condition of this AgreementAgreement or any other Credit Document, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies remedies, either under this Agreement or any other Credit Document or by law or otherwise afforded to any of the Disbursement Administrative Agent, Collateral Agent and the Agent or any Lender Secured Parties, shall be cumulative and not alternative. The Agent on behalf of the Lenders (acting at the direction of the Required Lenders) and any other party hereto, on behalf of itself, may specifically waive any breach of this Agreement by any other party, but no such waiver shall be deemed to have been given unless such waiver is in writing, signed by the waiving party and specifically designates the breach waived, nor shall any such waiver constitute a continuing waiver of similar or other breaches, nor shall any such waiver constitute a waiver by any other party with respect to such breach.