Common use of Delay in Requests Clause in Contracts

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section Sections 3.1 or 3.2 shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section Sections 3.1 or 3.2 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section 3.09 shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; provided , provided, that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing BankLender, as the case may be, notifies the Borrower KCMH of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing BankLender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank any Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.4 shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank an Issuer pursuant to the foregoing provisions of this Section 3.4 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Banksuch Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Banksuch Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.14 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.14 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the applicable Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the provided, that, Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 3.1 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 3.1 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a such Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.13 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.13 for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section 2.1(j) shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.1(j) for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section 3.09 shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section 3.09 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing BankLender, as the case may be, notifies the Borrower TCG of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank▇▇▇▇▇▇’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraphs (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the such Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank the Letter of Credit Issuer to demand compensation pursuant to this Section 4 shall not constitute a waiver of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank the Letter of Credit Issuer pursuant to this Section 4 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bankthe Letter of Credit Issuer, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s intention to claim compensation therefor (except that, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section Sections 2.34 or 2.35 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section Sections 2.34 or 2.35 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's or LC Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.12 for any increased costs incurred or reductions suffered more than 180 days six (6) months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's or LC the Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180such nine-day month period referred to above shall be extended to include the period of retroactive effect thereofeffect).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank the Letter of Credit Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank the Letter of Credit Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bankthe Letter of Credit Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Bankthe Letter of Credit Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank any Issuer to demand compensation pursuant to the foregoing provisions of this Section 3.5 shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank an Issuer pursuant to the foregoing provisions of this Section 3.5 for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Banksuch Issuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC Issuing Banksuch Issuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-180 day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not 47345311_9 be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or such LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or such LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.9 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.9 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the applicable Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's or LC the Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.08 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; , provided that the Borrower Company shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section 2.08 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower Company of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 1.13 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 1.13 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or the LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or the LC Issuing BankIssuer’s right to demand such compensation; provided that the Borrower that, Borrowers shall not be required to compensate a Lender or the LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or the LC Issuing BankIssuer, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or the LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided provided, that the Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section 2.10 for any increased costs incurred or reductions suffered more than 180 two hundred seventy (270) days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180270-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 10.1 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 10.1 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided provided, however, that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered incurred more than 180 270 days prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180270-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s 's or LC Issuing Bank’s 's right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraph (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the such Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s 's or LC Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender Bank or LC Issuing Bank to demand compensation pursuant to the foregoing provisions of this Section 4.4 shall not constitute a waiver of such LenderBank’s or LC Issuing Bank’s right to demand such compensation; , provided that the Borrower shall not be required to compensate a Lender Bank or LC Issuing Bank pursuant to the foregoing provisions of this Section 4.4 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender Bank or LC Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such LenderBank’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing BankLender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank Lender pursuant to this Section for any increased costs incurred or reductions suffered more than 180 120 days prior to the date that such Lender or LC the Issuing BankLender, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing BankLender’s intention to claim compensation therefor (except that, that if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180120-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).. 1209502.04-CHISR02A - MSW

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 5.01 shall not constitute a waiver of such Lender’s 's or LC the Issuing Bank’s 's right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 5.01 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s 's or LC the Issuing Bank’s 's intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs or expenses incurred or reductions suffered more than 180 days prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, expenses or reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except therefor; provided further that, if the Change in Law giving rise to such increased costs or expenses or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.12 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower Borrowers of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank Issuer to demand compensation pursuant to this Section Sections 3.1 or 3.2 shall not constitute a waiver of such Lender’s or LC Issuing BankIssuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC Issuing Bank Issuer pursuant to this Section Sections 3.1 or 3.2 for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).. 15524773v115524773v5

Delay in Requests. Failure or delay on the part of any Lender or any LC Issuing Bank Issuer to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Banksuch Issuer’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or an LC Issuing Bank Issuer pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine months prior to the date that such Lender or such LC Issuing BankIssuer, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or such LC Issuing BankIssuer’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such 60 increased costs or reductions is retroactive, then the 180nine-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC the Issuing Bank to demand compensation pursuant to this Section 2.11 shall not constitute a waiver of such Lender’s or LC the Issuing Bank’s right to demand such compensation; , provided that the applicable Borrower shall not be required to compensate a Lender or LC the Issuing Bank pursuant to this Section 2.11 for any increased costs incurred or reductions suffered more than 180 days six months prior to the date that such Lender or LC the Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC the Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower Borrowers shall not be required to compensate a such Lender or LC such Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered more than 180 days nine (9) months prior to the date that such Lender or LC such Issuing Bank, as the case may be, notifies the Administrative Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day nine–month period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC Issuing Bank’s right to demand such compensation; provided that the no Borrower shall not be required to compensate a Lender or LC Issuing Bank pursuant to paragraph (a) or (b) of this Section for any increased costs incurred or reductions suffered more than 180 days prior to the date that such Lender or LC Issuing Bank, as the case may be, notifies the such Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s or LC Issuing Bank’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC any Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s or LC such Issuing Bank’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender or LC an Issuing Bank pursuant to this Section for any increased costs incurred or reductions suffered incurred more than 180 days six months prior to the date that 742026061 21680120 such Lender or LC such Issuing Bank, as the case may be, notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, reductions and of such Lender’s or LC such Issuing Bank’s intention to claim compensation therefor (except therefor; provided, further, that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 180six-day month period referred to above shall be extended to include the period of retroactive effect thereof).