Common use of Delay Not a Waiver Clause in Contracts

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes or any other Loan Document, Lenders and Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent or any Lender, and Lenders in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes or any other Loan Document, Administrative Agent and Lenders and Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Note Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under any of the Notes or under 153 155 any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, any of the Notes or any other Loan Document, Lenders and Agent Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Note any of the Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under either of the Notes or under any other Loan Document, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, either of the Notes or any other Loan Document, Lenders and Agent Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, either of the Note Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.. 264

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any other Loan Document, or any other instrument given as security -87- therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any other Loan Document, Lenders Agent and Agent Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under either of the Notes or under any other Loan Document, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, either of the Notes or any other Loan Document, Lenders and Agent Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, either of the Note Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.. 225

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under either of the Notes or under any other Loan Document, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, either of the Notes or any other Loan Document, Lenders and Agent Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, either of the Note Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any of the other Loan DocumentDocuments, or under any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any of the other Loan DocumentDocuments, Lenders and Agent Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Note or any of the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Administrative Agent or any Lender, Lenders in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes Note or any other Loan Document, Administrative Agent and Lenders and Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege privilege, hereunder, or under the any Notes or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement, the Notes any Note or any other Loan Document, Lenders and Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement, the Note Notes or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.

Delay Not a Waiver. Neither any failure nor any delay on ------------------ the part of Agent or any Lender, Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder, or under the Notes Note or under any other Loan Document, or any other instrument given as security therefor, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Credit Agreement, the Notes Note or any other Loan Document, Lenders and Agent shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Credit Agreement, the Note or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount.