Common use of Extension; Waiver Clause in Contracts

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any Time, each party hereto maymay by action taken by its Board of Directors, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action taken or authorized by their respective Boards of Directors, may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, the parties hereto, by action taken or authorized by their respective Boards of Directors, may to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such of any other party hereto contained herein or in any document delivered pursuant hereto and or (iiic) waive compliance with any of the agreements or conditions for the benefit of such any other party hereto contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party ----------------- hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoparties, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. SECTION EIGHT

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Trust Managers or General Partner, as applicable, may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such the other party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyparty granting such waiver or extension.

Extension; Waiver. At any time prior to the Effective Time any Time, each party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, in their respective sole discretion and to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto thereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed by or on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the Parties hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties Parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party ----------------- hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Party may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties hereto intended for such Party’s benefit, (ii) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Extension; Waiver. At any time prior to the Effective Time any party Closing, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of any other party hereto to the other parties heretoparty extending such time, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At Subject to Section 1.03(c), at any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any ----------------- party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Closing, each of the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such of any other party contained herein or in any document delivered pursuant hereto and hereto, (iii) waive compliance with any of the agreements or conditions for of the benefit of such other party contained herein, or (iv) waive any condition to its obligations hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowed, parties may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document document, certificate or writing delivered pursuant hereto and hereto, or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto Party may, to the extent legally allowed, allowed (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties, (ii) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto mayThe parties hereto, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein by any other applicable party or in any document document, certificate or writing delivered pursuant hereto and by any other applicable party or (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party Party hereto may, to the extent legally allowed, (i1) extend the time for the performance of any of the obligations or other acts of the other parties Parties hereto, (ii2) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iii3) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties, (ii) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such of any other party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance by any other party with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyby the party or parties to be bond thereby.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the any other parties hereto, party; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party; or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party ----------------- hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party Closing, each of the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties heretoparty, (ii) waive any inaccuracies in the representations and warranties made to such of any other party contained herein or in any document delivered pursuant hereto and hereto, (iii) waive compliance with any of the agreements or conditions for the benefit of such any other party contained hereinherein or (iv) waive any condition to its obligations hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any ----------------- party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the Parties hereto, by action taken or authorized by their respective Boards of Directors, may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties Parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such partyParty.

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowed, parties may (ia) extend the time for the performance of any of the obligations or other acts of the other parties heretoparties, (iib) to the extent permitted by Law, waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto or (c) subject to the proviso to the first sentence of Section 7.03 and (iii) to the extent permitted by Law, waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any ----------------- party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any ----------------- party hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of any other party hereto to the other parties heretoparty extending such time, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowed, parties may (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document document, certificate or writing delivered pursuant hereto and or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement agreements on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party ----------------- Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time and from time to time prior to the Effective Time Time, any party or parties hereto may, to the extent legally allowedallowed and except as otherwise set forth herein, (ia) extend the time for the performance of any of the obligations or other acts of the other party or parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto as applicable and (iiib) waive compliance with any of the agreements or conditions for the benefit of such party or parties hereto contained herein. Any agreement on the part of a party or parties hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyparty or parties, as applicable. Any delay in exercising any right under this Amendment shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time Closing Date any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party The parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other applicable party or in any document document, certificate or writing delivered pursuant hereto and by any other applicable party or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, by action duly taken, may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. Delay in exercising any right under this Agreement shall not constitute a waiver of such right. -50- 56

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, the parties hereto, by action taken or authorized by their respective Boards of Directors, may to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At Subject to Section 1.3(c), at any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretohereto contained herein, (ii) waive any inaccuracies in the representations and warranties made to such party of the other parties hereto contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for of the benefit of such party other parties hereto contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to before the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein in this Agreement or in any document delivered pursuant hereto made to such party, and (iii) waive compliance with any of the agreements agreements, covenants, or conditions in this Agreement for the benefit of such party contained hereinparty. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing and signed on behalf of such partyby the party against whom the waiver is to be effective.

Extension; Waiver. At any time prior to the Effective Time Closing Date, any ----------------- party hereto hereto, by action taken by its Board of Directors, may, to the extent legally locally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed by or on behalf of such partythe party or parties to be bound thereby.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein in this Agreement or in any document delivered pursuant hereto made to such party, and (iii) waive compliance with any of the agreements agreements, covenants, or conditions in this Agreement for the benefit of such party contained hereinparty. Any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing and signed on behalf of such partyby the party against whom the waiver is to be effective.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Directors may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any Time, either party hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Time, ----------------- the parties hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or the other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and or warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.. Delay in exercising any right under this Agreement shall not constitute a waiver of such right. ARTICLE VIII

Extension; Waiver. At any time prior to the Effective Time any party Time, the parties hereto may, in their respective sole discretion and to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto thereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed by or on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Directors evidenced in writing, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party Closing Date, the parties hereto may, to the extent legally allowed, may (i) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other party or in any document document, certificate or writing delivered pursuant hereto and by any other party or (iii) waive compliance with any of the agreements of any other party or with any conditions for the benefit of such party contained hereinto its own obligations. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Directors, may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto Party may, to the extent legally allowed, : (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, Parties; (iib) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto hereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowedallowed and in its sole and absolute discretion, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Acquisition Merger Effective Time any party hereto mayTime, the parties hereto, by action taken or authorized by their respective Boards of Directors, may to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the any other parties party hereto, (iib) waive any inaccuracies in the representations and warranties made to such of any other party hereto contained herein or in any document delivered pursuant hereto and or (iiic) waive compliance with any of the agreements or conditions for the benefit of such any other party hereto contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto Time, the parties hereto, may, to the extent legally allowedpermitted, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed by or on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party ----------------- hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoparties, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing, any party hereto may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party hereto mayTime, to the extent legally allowedparties hereto, by action taken by or on behalf of the respective Boards of Directors of the Company or Terremark, may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein by any other applicable party or in any document document, certificate or writing delivered pursuant hereto and by any other applicable party or (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a any party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing Date any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties party hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time any party Date, the parties hereto maymay by mutual written agreement, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing Date any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under EXECUTION COPY this Agreement shall not constitute a waiver of such right. For purposes of this Section 7.5, Saturn, Sub I and Sub II will be deemed to be one party.

Extension; Waiver. At any time prior to the Effective Time any party ----------------- hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Delay in exercising any right under this Agreement shall not constitute a waiver of such right.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto Party may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties heretoParties, (iib) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party hereto Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any Time, either party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties heretoparty hereto contained herein, (ii) waive any inaccuracies in the representations and warranties made to such of the other party hereto contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for of the benefit of such other party hereto contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an a written instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party ----------------- hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto Party hereto, by action taken by its Board of Directors, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties heretoParty, (iib) waive any inaccuracies in the representations and warranties made to such party Party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party Party contained herein. Any agreement on the part of a party Party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such partyParty.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto hereto, by action taken by its Board of Directors or Trust Managers, as the case may be, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any ----------------- party hereto hereto, by action taken by its Board of Directors, may, to the extent legally allowed, (ia) extend the time for the performance of any of the obligations or other acts of the other parties hereto, ; (iib) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto; and (iiic) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Closing Date, any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any Each party hereto may, to the extent legally allowed, may (ia) extend the time for the performance of any of the obligations or other acts of the other parties heretoparty (it being understood that time is "of the essence" with respect to the Extended Outside Date), (iib) waive any inaccuracies in the representations and warranties made to such of the other party contained herein in this Agreement or in any certificate, instrument, schedule or other document delivered pursuant hereto and to this Agreement or (iiic) waive compliance with any of the agreements or conditions contained in this Agreement for the benefit of such party contained hereinparty. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of by the party granting such partyextension or waiver.

Extension; Waiver. At any time prior to the Effective ----------------- Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time Time, any party hereto may, to the extent legally allowed, : (i) extend the time for the performance of any of the obligations or other acts of any other party hereto to the other parties heretoparty extending such time, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto hereto, and (iii) waive compliance with any of the agreements agreements, covenants or conditions for the benefit of such party contained herein. Any any agreement on the part of a party hereto to any such extension or waiver shall will be valid only if set forth in an instrument in writing signed on behalf of such party.

Extension; Waiver. At any time prior to the Effective Time any party hereto may, to the extent legally allowed, (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (iii) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. Any delay in exercising any right under this Agreement shall not constitute a waiver of such right.