Common use of Failure to Act and Waiver Clause in Contracts

Failure to Act and Waiver. No failure or delay by the Holder hereof to require the performance of any term or terms of this Debenture or not to exercise any right or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Debenture, the Holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder of this Debenture to give notice of any failure or breach of the Borrower under this Debenture shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder holder hereof to require the performance of any term or terms of this Debenture Convertible Note or not to exercise any right right, or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureConvertible Note, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture Convertible Note to give notice of any failure or breach of the Borrower under this Debenture Convertible Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder hereof to require insist upon the strict performance of any term or terms of this Debenture Note or not to exercise any right right, power or any remedy consequent upon a Event of Default hereunder shall constitute a waiver of any such term or of any right such breach, or of any default, nor shall such delay or failure preclude the Holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureNote, the Holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payablepayable under this Note, or to later declare a default Event of Default for failure to effect such payment of any such other amount. The failure of the Holder of this Debenture Note to give notice of any failure or breach of the Borrower Corporation under this Debenture Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder holder hereof to require the performance of any term or terms of this Debenture or not to exercise any right or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Debenture, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture to give notice of any failure or breach of the Borrower under this Debenture shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder holder hereof to -------------------------- require the performance of any term or terms of this Debenture or not to exercise any right or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Debenture, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture to give notice of any failure or breach of the Borrower under this Debenture shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder hereof to require the performance of any term or terms of this Debenture Note or not nor to exercise any right right, or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureNote, the Holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder of this Debenture Note to give notice of any failure or breach of the Borrower under this Debenture the Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder holder hereof to require the performance of any term or terms of this Debenture Note or not to exercise any right right, or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureNote, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture Note to give notice of any failure or breach of the Borrower under this Debenture Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder holder hereof to require the performance of any term or terms of this Debenture Convertible Note or not to exercise any right right, or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureConvertible Note, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture Convertible Note to give notice of any failure or breach of the Borrower under this Debenture Convertible Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.. Issuer's Initial _______

Failure to Act and Waiver. No failure or delay by the Holder holder hereof to --------------------------- require the performance of any term or terms of this Debenture Convertible Note or not to exercise any right right, or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureConvertible Note, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture Convertible Note to give notice of any failure or breach of the Borrower under this Debenture Convertible Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder holder hereof -------------------------- to require the performance of any term or terms of this Debenture Convertible Note or not to exercise any right right, or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureConvertible Note, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture Convertible Note to give notice of any failure or breach of the Borrower under this Debenture Convertible Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.

Failure to Act and Waiver. No failure or delay by the Holder holder hereof to require the performance of any term or terms of this Debenture or not to exercise any right or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Debenture, the Holder holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder holder of this Debenture to give notice of any failure or breach of the Borrower under this Debenture shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or any subsequent failure or breach.

Failure to Act and Waiver. The Borrower hereby waives diligence, demand, presentment, protest or notice of any kind. No failure or delay by the Holder hereof to require the performance of any term or terms of this Debenture Note or not to exercise any right or any remedy shall constitute a waiver of any such term or of any right or of any default, nor shall such delay or failure preclude the Holder hereof from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this DebentureNote, the Holder hereof shall not be deemed to waive the right either to require payment when due of all other amounts payable, or to later declare a default for failure to effect such payment of any such other amount. The failure of the Holder of this Debenture Note to give notice of any failure or breach of the Borrower under this Debenture Note shall not constitute a waiver of any right or remedy in respect of such continuing failure or breach or any subsequent failure or breach.