Common use of GENERAL WAIVER Clause in Contracts

GENERAL WAIVER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of any such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Guarantor shall constitute a waiver of any of Lender's rights or of any obligations of Borrower or of any Guarantor as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent in subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Energy Services of America CORP), Loan Agreement (Energy Services of America CORP)

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GENERAL WAIVER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of any such right or any other right. A waiver by Lender of a provision provi­sion of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Guarantor shall constitute a waiver of any of Lender's rights or of any obligations of Borrower or of any Guarantor as to any future transactions. Whenever the consent of Lender is required under this AgreementAgree­ment, the granting of such consent by Lender in any instance shall not constitute continuing consent in subsequent instances in­stances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 1 contract

Samples: Loan Agreement (Energy Services of America CORP)

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GENERAL WAIVER. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising exer­cising any right shall operate as a waiver of any such right or any other right. A waiver by Lender of a provision provi­sion of this Agreement shall not prejudice preju­dice or constitute consti­tute a waiver of Lender's ’s right otherwise to demand strict compliance with that provision or any other provision of this AgreementAgree­ment. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Guarantor Guaran­tor shall constitute a waiver of any of Lender's ’s rights or of any obligations of Borrower or of any Guarantor as to any future transactions. Whenever the consent of Lender is required under this AgreementAgree­ment, the granting of such consent by Lender in any instance shall not constitute continuing consent in subsequent instances in­stances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 1 contract

Samples: Loan Agreement (Energy Services of America CORP)

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