Common use of No Waiver, etc Clause in Contracts

No Waiver, etc. No failure or delay by the Bank to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed as a waiver of such Default by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Default.

No Waiver, etc. No failure The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delay by the Bank to insist upon the strict performance delivered or other action taken in reliance hereon and all other demands and notices of any termdescription. With respect to both the Obligations and the Collateral, condition, covenant the Company assents to any extension or agreement of this Agreement or postponement of the time of payment or any other Financing Documentsindulgence, to any substitution, exchange or release of or failure to exercise perfect any rightsecurity interest in any Collateral, power to the addition or remedy consequent upon a breach release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Secured Party may deem advisable. The Secured Party shall constitute a waiver have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any such term, condition, covenant or agreement or of any such breach, or preclude rights pertaining thereto beyond the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof as set forth in Section 9(b) hereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank The Secured Party shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any the Obligations or the Collateral unless such waiver shall be in writing and signed by the Secured Party. No delay or omission on the part of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of Secured Party in exercising any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default by right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made Secured Party with respect to the representative of Obligations or the Bank identified in Section 7.3 hereofCollateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultSecured Party deem expedient.

No Waiver, etc. 25.01 No failure act or delay by the Bank to insist upon the strict performance omission of any term, condition, covenant Landlord or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a waiver reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of any such termten (10) days, conditionthen at Landlord’s option a “late charge” shall become due and payable to Landlord, covenant or agreement or of any such breachas Additional Rent, or preclude from the Bank from exercising any such right, power or remedy at any later time or times. By accepting date it was due until payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amount; is made (provided, however, such late charge shall be waived the first (1st) time any installment of Fixed Annual Rent and Additional Rent shall be overdue in any twelve (12) month period), at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to Landlord or its agents shall not constitute a termination of this Lease or a surrender of the Premises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or letter accompanying Rent, shall be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such waiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, nor shall Tenant make any claim, and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or defense) based upon any claim or assertion by Tenant that if Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such late payment is made to the representative of the Bank identified provision, or for specific performance or declaratory judgment (in Section 7.3 hereofwhich event, the Bank applicable provisions of Section 6.02, above, shall immediately notify apply regarding Tenant’s attorneys’ fees in connection with such action or proceeding). Tenant shall comply with the Pledgor after acceptance rules and regulations contained in this Lease, and any reasonable modifications thereof or additions thereto. Landlord shall enforce such rules and regulations in a uniform and non-discriminatory manner throughout the Building. Landlord shall not be liable to Tenant for the violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the waiver of any subsequent violation of a provision of this Lease, or any rule or regulation. The payment of Rent by Tenant at any time when Landlord is in default of this Lease shall in no event be deemed a waiver by Tenant of any such late payment, if the acceptance of default by Landlord. Any inconsistency between such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person rules and the acceptance by the Bank of any other amount due regulations and payable under the provisions this Lease shall be resolved in favor of this Agreement or the other Financing Documents at any time during which a Default exists Lease. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. No The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delivered or other action taken in reliance hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or delay by release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Bank may deem advisable. The Bank shall have no duty as to insist upon the strict performance collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any term, condition, covenant or agreement of this Agreement or of rights pertaining thereto beyond the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof as set forth in ss.9.2. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the The Bank shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any of the other Financing Documents, Obligations or to declare a Default for failure to effect the Collateral unless such prompt payment of any such other amount; provided, however, that if any such late payment is made to waiver shall be in writing and signed by the representative Bank. No delay or omission on the part of the Bank identified in Section 7.3 hereof, the Bank exercising any right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default by the Bank right or preclude the Bank from exercising any other right, power . A waiver on any one occasion shall not be construed as a bar to or remedy consequent upon such Default; provided, however, that if waiver of any such payment is made to the representative right on any future occasion. All rights and remedies of the Bank identified in Section 7.3 hereofwith respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultdeems expedient.

No Waiver, etc. No Any failure or delay by the Bank Mortgagee to insist upon the strict performance by Mortgagor or any guarantor of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank terms and provisions hereof shall not be deemed to waive the right either to require prompt payment when due be a waiver of all other amounts payable under this Agreement or under any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor or any guarantor, of any and all of the terms and provisions of this Mortgage, the Note to be performed by Mortgagor or any guarantor; and neither Mortgagor, nor any other Financing Documents, person now or to declare a Default hereafter obligated for failure to effect such prompt the payment of the whole or any such other amount; provided, however, that if any such late payment is made to the representative part of the Bank identified in Section 7.3 hereof, the Bank Indebtedness shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance be relieved of such late payment does not constitute a waiver obligation by reason of the Default for failure of Mortgagee to make prompt payment comply with any request of such amount. The payment by the Pledgor Mortgagor, any guarantor or any other Person and the acceptance by the Bank of any other amount due and payable under person so obligated to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Agreement Mortgage or of any obligation secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the Indebtedness or of any obligor for such Indebtedness, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Note or this Mortgage without first having obtained the consent of Mortgagor or such other Financing Documents person, and in the latter event, Mortgagor and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification (but without liability for increases in the principal amount or interest rate) unless expressly released and discharged in writing by Mortgagee; and, regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Premises, Mortgagee may release the obligation of anyone at any time during which a Default exists shall not liable for any of the Indebtedness or any part of the security held for said Indebtedness and may extend the time of payment or otherwise modify the terms of the Note and/or this Mortgage without, as to the security or the remainder thereof, in any way impairing or manner be construed as a waiver affecting the lien of this Mortgage, or the priority of such Default by lien, as security for the Bank payment of said Indebtedness as it may be so extended or preclude modified over any subordinate lien; and the Bank from exercising holder of any right, power subordinate lien shall have no right to terminate any Lease whether or remedy consequent upon not such DefaultLease shall be subordinate to this Mortgage; provided, however, that if any such and Mortgagee may resort for the payment is made to the representative of the Bank identified Indebtedness to any other security therefor, held by Mortgagee in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultorder and manner as Mortgagee may elect.

No Waiver, etc. No failure The Borrower waives demand, notice, protest, notice of --------------- acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delay by the Bank to insist upon the strict performance delivered or other action taken in reliance hereon and all other demands and notices of any termdescription. With respect to both the Obligations and the Collateral, condition, covenant the Borrower assents to any extension or agreement of this Agreement or postponement of the time of payment or any other Financing Documentsindulgence, to any substitution, exchange or release of or failure to exercise perfect any rightsecurity interest in any Collateral, power to the addition or remedy consequent upon a breach release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Agent may deem advisable. The Agent shall constitute a waiver have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any such term, condition, covenant or agreement or of any such breach, or preclude rights pertaining thereto beyond the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof as set forth in (S)9.2. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank The Agent shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any the Obligations or the Collateral unless such waiver shall be in writing and signed by the Agent with the consent of the other Financing Documents, Majority Banks. No delay or to declare a Default for failure to effect such prompt payment of any such other amount; provided, however, that if any such late payment is made to omission on the representative part of the Bank identified Agent in Section 7.3 hereof, the Bank exercising any right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default by right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made Agent with respect to the representative of Obligations or the Bank identified in Section 7.3 hereofCollateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultAgent deems expedient.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess often (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amountLease; provided, however, nothing contained herein shall prevent Tenant from obtaining money damages if Tenant obtains an order from a court of competent jurisdiction that if Landlord acted in bad faith in not granting such approval to the extent Landlord was required to be reasonable. Tenant’s sole remedy shall be an action or proceeding to enforce any such late payment is made provision, or for specific performance or declaratory judgment. Tenant shall comply with the rules and regulations contained in this Lease, and any reasonable modifications thereof or additions thereto. Landlord shall not be liable to Tenant for the representative violation of such rules and regulations by any other tenant. Failure of Landlord to enforce any provision of this Lease, or any rule or regulation, shall not be construed as the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance waiver of any such late paymentsubsequent violation of a provision of this Lease, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant’s claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. Tenant shall comply with the Bank from exercising rules and regulations contained in this Lease, and any such right, power reasonable modifications thereof or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. No The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delivered or other action taken in reliance hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or delay by release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof, all in such manner and at such time or times as the Bank may deem advisable. The Bank shall have no duty as to insist upon the strict performance collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any term, condition, covenant or agreement of this Agreement or of rights pertaining thereto beyond the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof as set forth in 9.2 hereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the The Bank shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any of the other Financing Documents, Obligations or to declare a Default for failure to effect the Collateral unless such prompt payment of any such other amount; provided, however, that if any such late payment is made to waiver shall be in writing and signed by the representative Bank. No delay or omission on the part of the Bank identified in Section 7.3 hereof, the Bank exercising any right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default by the Bank right or preclude the Bank from exercising any other right, power . A waiver on any one occasion shall not be construed as a bar to or remedy consequent upon such Default; provided, however, that if waiver of any such payment is made to the representative right on any future occasion. All rights and remedies of the Bank identified in Section 7.3 hereofwith respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultdeems expedient.

No Waiver, etc. No Any failure or delay by the Bank Administrative Agent to insist upon the strict performance by the Mortgagor of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank terms and provisions hereof shall not be deemed to waive the right either to require prompt payment when due be a waiver of all other amounts payable under this Agreement or under any of the terms and provisions hereof, and the Administrative Agent, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by the Mortgagor. Neither the Mortgagor nor any other Financing Documents, person now or to declare a Default hereafter obligated for failure to effect such prompt the payment of the whole or any such other amount; provided, however, that if any such late payment is made to the representative part of the Bank identified in Section 7.3 hereof, the Bank sums now or hereafter secured by this Mortgage shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance be relieved of such late payment does not constitute a waiver obligation by reason of the Default for failure of the Administrative Agent to make prompt payment comply with any request of such amount. The payment the Mortgagor or by reason of the Pledgor failure of the Administrative Agent to take action to foreclose this Mortgage or otherwise enforce any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement Mortgage or of any obligations secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of all or any portion of the Property and the Administrative Agent extending the time of payment or modifying the terms of any of the obligations secured hereby or the terms of this Mortgage without first having obtained the consent of the Mortgagor or such other Financing Documents person obligated as to the sums secured hereby, and, in the latter event, the Mortgagor and all such other persons shall continue liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by the Administrative Agent. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on all or any portion of the Property, the Administrative Agent may release the obligation of anyone at any time during which a Default exists shall not in liable for any way of the indebtedness secured by this Mortgage or manner be construed as a waiver any part of the security held for such indebtedness and may extend the time of payment or otherwise modify the terms of any of the obligations secured hereby and/or this Mortgage without impairing or affecting the lien of this Mortgage or the priority of such Default lien, as security for the payment of such indebtedness, as it may be so extended or modified, over any subordinate lien. The Administrative Agent may resort for the payment of the indebtedness secured hereby to any other security therefor held by the Bank or preclude Administrative Agent in such order and manner as the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultAdministrative Agent may elect.

No Waiver, etc. No Any failure by Mortgagee to insist upon the strict -------------- performance by Mortgagor or delay by any guarantor of any of the Bank terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor or any guarantor, of any term, condition, covenant or agreement and all of the terms and provisions of this Agreement Mortgage, the Note to be performed by Mortgagor or any guarantor; and neither Mortgagor, nor any guarantor nor any other person now or hereafter obligated for the payment of the other Financing Documentswhole or any part of the Indebtedness shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement guarantor or of any such breach, other person so obligated to take action to foreclose this Mortgage or preclude the Bank 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 Agreement or under otherwise enforce any of the other Financing Documents, the Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement Mortgage or of any obligation secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the Indebtedness or of any obligor for such Indebtedness, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Note or this Mortgage without first having obtained the consent of Mortgagor or such other Financing Documents person, and in the latter event, Mortgagor and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by Mortgagee; and, regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Premises, Mortgagee may release the obligation of anyone at any time during which a Default exists shall not liable for any of the Indebtedness or any part of the security held for said Indebtedness and may extend the time of payment or otherwise modify the terms of the Note and/or this Mortgage without, as to the security or the remainder thereof, in any way impairing or manner be construed as a waiver affecting the lien of this Mortgage, or the priority of such Default by lien, as security for the Bank payment of said Indebtedness as it may be so extended or preclude modified over any subordinate lien; and the Bank from exercising holder of any right, power subordinate lien shall have no right to terminate any Lease whether or remedy consequent upon not such DefaultLease shall be subordinate to this Mortgage; provided, however, that if any such and Mortgagee may resort for the payment is made to the representative of the Bank identified Indebtedness to any other security therefor, held by Mortgagee in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultorder and manner as Mortgagee may elect.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant's claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord's option a "late charge" shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity lessees the late charge shall be computed at two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord's option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Tenant made under a provision of this Lease. Tenant's sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. Tenant shall comply with the Bank from exercising rules and regulations contained in this Lease, and any such right, power reasonable modifications thereof or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person rule or regulation. Landlord agrees to enforce all Rules and the acceptance by the Bank of any other amount due Regulations in a uniform and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists non-discriminatory manner. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord's own acts.

No Waiver, etc. No failure The Guarantor waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delay by the Bank to insist upon the strict performance delivered or other action taken in reliance hereon and all other demands and notices of any termdescription. With respect to both the Obligations and the Collateral, condition, covenant the Guarantor assents to any extension or agreement of this Agreement or postponement of the time of payment or any other Financing Documentsindulgence, to any substitution, exchange or release of Collateral, to exercise the addition or release of any rightparty or person primarily or secondarily liable, power to the acceptance of partial payment thereon and the settlement, compromising or remedy consequent upon a breach adjusting of any thereof, all in such manner and at such time or times as the Lender may deem advisable. The Lender shall constitute a waiver have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any such term, condition, covenant or agreement or of any such breach, or preclude rights pertaining thereto beyond the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank The Lender shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any the Obligations or the Collateral unless such waiver shall be in writing and signed by the Lender. No delay or omission on the part of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of Lender in exercising any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default by right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made Lender with respect to the representative of Obligations or the Bank identified in Section 7.3 hereofCollateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successfully or concurrently at such time or at such times as the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLender deems expedient.

No Waiver, etc. No Any failure or delay by the Bank Administrative Agent to insist upon the strict performance by the Mortgagor of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank terms and provisions hereof shall not be deemed to waive the right either to require prompt payment when due be a waiver of all other amounts payable under this Agreement or under any of the terms and provisions hereof, and the Administrative Agent, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by the Mortgagor. Neither the Mortgagor nor any other Financing Documentsperson now or hereafter obligated for the payment of the whole or any part of the sums now or hereafter secured by this Mortgage shall be relieved of such obligation by reason of the failure of the Administrative Agent to comply with any request of the Mortgagor or by reason of the failure of the Administrative Agent to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Mortgage or of any obligations secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of all or any portion of the Property and the Administrative Agent extending the time of payment or modifying the terms of any of the obligations secured hereby or the terms of this Mortgage without first having obtained the consent of the Mortgagor or such other person obligated as to declare a Default for failure the sums secured hereby, and, in the latter event, the Mortgagor and all such other persons shall continue liable to effect make such prompt payment payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by the Administrative Agent. Regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on all or any portion of the Property, the Administrative Agent may release the obligation of anyone at any time liable for any of the indebtedness secured by this Mortgage or any part of the security held for such indebtedness and may extend the time of payment or otherwise modify the terms of any of the obligations secured hereby and/or this Mortgage without impairing or affecting the lien of this Mortgage or the priority of such lien, as security for the payment of such indebtedness, as it may be so extended or modified, over any subordinate lien. The Administrative Agent may resort for the payment of the indebtedness secured hereby to any other amountsecurity therefor held by the Administrative Agent in such order and manner as the Administrative Agent may elect. The exercise of any option in this instrument by the Administrative Agent shall not be deemed a waiver of its rights to exercise any other option; providedand the filing of a suit for collection of any Note and foreclosure of this instrument as a mortgage or for any other default hereunder shall not preclude sale pursuant to the power of sale contained in this instrument after a dismissal of the suit. No provision hereof shall be deemed to release the Mortgagor’s obligation to pay the interest, howeverprincipal and other sums and charges secured hereby until such time as all thereof have been paid to the Administrative Agent in full. The Mortgagor agrees for itself, its successors and assigns, that if any such late payment is made the acceptance, before the expiration of the right of redemption and after the commencement of foreclosure proceedings of this Mortgage, of insurance proceeds, eminent domain awards, rents or anything else of value to be applied on or to the representative of the Bank identified in Section 7.3 hereof, the Bank Mortgage indebtedness by Administrative Agent or any other Secured Party or any person or party holding under it shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment foreclosure, and this agreement by the Pledgor Mortgagor shall be that agreement referred to in 14 M.R.S.A. §6204, as may be amended, as necessary to prevent such waiver of foreclosure. This agreement by the Mortgagor is intended to apply to the acceptance and such application of any such proceeds, awards, rents and other sums or anything else of value whether the same shall be accepted from, or for the account of, the Mortgagor or from any other Person and the acceptance source whatsoever by the Bank of Administrative Agent or by any other amount due and payable person or party holding under the provisions of this Agreement or the other Financing Documents Administrative Agent at any time during which a Default exists shall not or times in the future while any way or manner be construed as a waiver of such Default by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank obligations secured hereby shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultremain outstanding.

No Waiver, etc. 25.01 No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Txxxxx’s claim and shall have had a reasonable opportunity to meet such claim. In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days, then at Landlord’s option a “late charge” shall become due and payable to Landlord, as Additional Rent, from the Bank date it was due until payment is made, at the following rates: for individual and partnership lessees, said late charge shall be computed at the maximum legal rate of interest; for corporate, limited liability company or governmental entity lessees the late charge shall be computed at five percent (5%) per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the Premises, except a writing signed by Landlord. The delivery or acceptance of keys to insist upon the strict performance of any term, condition, covenant Landlord or agreement its agents shall not constitute a termination of this Agreement Lease or a surrender of the other Financing DocumentsPremises. Acceptance by Landlord of less than the Rent herein provided shall at Landlord’s option be deemed on account of earliest Rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying Rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this Lease shall be effective, unless such termwaiver be in writing signed by the party to be charged. In no event shall Tenant be entitled to make, conditionnor shall Tenant make any claim, covenant and Tenant hereby waives any claim for money damages (nor shall Tenant claim any money damages by way of set-off, counterclaim or agreement defense) based upon any claim or assertion by Tenant that Landlord had unreasonably withheld, delayed or conditioned its consent or approval to any request by Txxxxx made under a provision of this Lease. Tenant’s sole remedy shall be an action or proceeding to enforce any such breachprovision, or preclude for specific performance or declaratory judgment. Tenant shall comply with the Bank from exercising rules and regulations contained in this Lease, and any such right, power reasonable modifications thereof or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing DocumentsLease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this Lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This Lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the Premises, for any reason, including as the result of construction on any property of which the Premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord’s own acts.

No Waiver, etc. 28.1 No agreement to accept a surrender of this Lease shall be valid unless in writing signed by Landlord. No employee of Landlord or of Landlord's agents shall have any power to accept the keys of said premises prior to the termination of this Lease. The delivery of keys to any employee of Landlord or of Landlord's agent shall not operate as a termination of this Lease or a surrender of the premises. In the event of Tenant at any time desiring to have Landlord sublet the premises for Tenant's account, Landlord or Landlord's agents are authorized to receive said keys for such purpose without releasing Tenant from any of the obligations under this Lease. The failure of Landlord to seek redress for violation of, or delay by the Bank to insist upon the strict performance of, any covenant or condition of this Lease or any of the Rules and Regulations set forth herein, or hereafter adopted by Landlord, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of rent with knowledge of the breach of any term, condition, covenant or agreement of this Agreement or Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the other Financing DocumentsRules and Regulations set forth herein, or to exercise hereafter adopted, against Tenant and/or any right, power or remedy consequent upon a breach thereof, other tenant in the building project shall constitute not be deemed a waiver of any such term, condition, covenant or agreement or Rules and Regulations. No provision of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank Lease shall not be deemed to waive have been waived by Landlord, unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the right either monthly rent herein stipulated shall be deemed to require prompt payment when due of all be other amounts payable under this Agreement or under any than on account of the other Financing Documentsearliest stipulated rent, nor shall any endorsement or to declare a Default for failure to effect such prompt statement on any check or any letter accompanying any check or payment of any rent be deemed an accord and satisfaction, and Landlord may accept such other amount; provided, however, that if any such late check or payment is made without prejudice to Landlord's right to recover the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance balance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor rent or pursue any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of remedy in this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed as a waiver of such Default by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; Lease provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Default.

No Waiver, etc. No Any failure or delay by the Bank Mortgagee to insist upon the strict performance by Mortgagor or any Indemnitor of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank terms and provisions hereof shall not be deemed to waive the right either to require prompt payment when due be a waiver of all other amounts payable under this Agreement or under any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor or any Indemnitor, of any and all of the terms and provisions of this Mortgage, the Note to be performed by Mortgagor or any Indemnitor; and neither Mortgagor, nor any Indemnitor nor any other Financing Documents, person now or to declare a Default hereafter obligated for failure to effect such prompt the payment of the whole or any such other amount; provided, however, that if any such late payment is made to the representative part of the Bank identified in Section 7.3 hereof, the Bank Indebtedness shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance be relieved of such late payment does not constitute a waiver obligation by reason of the Default for failure of Mortgagee to make prompt payment comply with any request of such amount. The payment by the Pledgor Mortgagor, any Indemnitor or any other Person and the acceptance by the Bank of any other amount due and payable under person so obligated to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Agreement Mortgage or of any obligation secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the Indebtedness or of any obligor for such Indebtedness, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Note or this Mortgage without first having obtained the consent of Mortgagor or such other Financing Documents person, and in the latter event, Mortgagor and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by Mortgagee; and, regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Premises, Mortgagee may release the obligation of anyone at any time during which a Default exists shall not liable for any of the Indebtedness or any part of the security held for said Indebtedness and may extend the time of payment or otherwise modify the terms of the Note and/or this Mortgage without, as to the security or the remainder thereof, in any way impairing or manner be construed as a waiver affecting the lien of this Mortgage, or the priority of such Default by lien, as security for the Bank payment of said Indebtedness as it may be so extended or preclude modified over any subordinate lien; and the Bank from exercising holder of any right, power subordinate lien shall have no right to terminate any Lease whether or remedy consequent upon not such DefaultLease shall be subordinate to this Mortgage; provided, however, that if any such and Mortgagee may resort for the payment is made to the representative of the Bank identified Indebtedness to any other security therefor, held by Mortgagee in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultorder and manner as Mortgagee may elect.

No Waiver, etc. No Any failure or delay by Mortgagee to insist upon the Bank -------------- strict performance by Mortgagor of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor, of any term, condition, covenant or agreement and all of the terms and provisions of this Mortgage and the Reimbursement Agreement to be performed by Mortgagor; and neither Mortgagor nor any other person now or hereafter obligated for the payment of the other Financing Documents, whole or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank 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 Agreement or under any part of the other Financing Documents, the Bank sums now or hereafter secured by this Mortgage shall not be deemed to waive the right either to require prompt payment when due relieved of all other amounts payable under this Agreement or under any such obligation by reason of the other Financing Documents, or failure of Mortgagee to declare a Default for failure to effect such prompt payment comply with any request of any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank Mortgagor of any other amount due and payable under person so obligated to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Agreement Mortgage or of any obligation secured by this Mortgage, or by reason of the other Financing Documents release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Mortgage; and, regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Premises, Mortgagee may release the obligation of anyone at any time during which a Default exists shall not liable for any of the indebtedness secured by this Mortgage or any part of the security held for said indebtedness and may extend the time of payment or otherwise modify the terms of the Reimbursement Agreement and/or this Mortgage without, as to the security or the remainder thereof, in any way impairing or manner be construed as a waiver affecting the lien of this Mortgage, or the priority of such Default by lien, as security for the Bank payment of said indebtedness as it may be so extended or preclude modified, over any subordinate lien; and the Bank from exercising holder of any right, power subordinate lien shall have no right to terminate any lease affecting the Premises whether or remedy consequent upon not such Defaultlease be subordinate to this Mortgage; provided, however, that if any such and Mortgagee may resort for the payment is made to the representative of the Bank identified indebtedness secured hereby to any other security therefor, held by Mortgagee in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultorder and manner as Mortgagee.

No Waiver, etc. No failure course of dealing or delay waiver by either of the Bank Lenders or the Trustee (other than a written waiver signed by each of the Lenders and only with respect to insist upon the strict performance particular matter stated therein) in connection with any condition of any term, condition, covenant or agreement of Disbursement under this Agreement or of the other Financing Documents, or to exercise any Loan Document shall impair any right, power or remedy consequent upon of the Trustee or the Lenders with respect to any condition of Disbursement, or be construed to be a breach waiver thereof, nor shall constitute a waiver the action of any such term, condition, covenant or agreement or Lender in respect of any such breach, Disbursement affect or preclude the Bank from exercising impair any such right, power or remedy of the Trustee or any other Lender in respect of the same or any other Disbursement. One or both of the Lenders, acting together or independently, may exercise any or all rights and remedies available at any later time law or times. By accepting payment after the due date of any amount payable in equity under this Agreement or under any Loan Document without prejudice to the rights and remedies of or on behalf of the other Financing DocumentsLender. Notwithstanding anything which may be contained herein to the contrary, any approval, consent, waiver or similar action which is required, or which may be given in connection with this Agreement by the Bank shall not Lenders must, in order to be deemed effective and binding on all the Lenders, be given in writing by all of the Lenders. Any policies or other information required to waive be given under or in connection with this Agreement to the Lenders must be given to all of the Lenders. The right either of the Trustee or the Lenders to require prompt payment when due of all other amounts payable compliance with any condition under this Agreement which may be waived by the Lenders in respect of any Disbursement is expressly preserved for the purposes of any subsequent Disbursement, unless such condition shall have been permanently waived in writing by the Lenders. All the certificates, legal opinions, bylaws or under articles of association, articles of incorporation and other documents and papers referred to in this Article 3, unless otherwise specified, shall be delivered to the Trustee and each of the Lenders at their addresses specified in Section 8.3 of the General Conditions, or at such other office as any of them may hereafter designate in writing to the other Financing Documentsparties hereto, or to declare a Default in sufficient counterparts for failure to effect such prompt payment of any such other amount; providedthe Trustee and the Lenders, however, that if any such late payment is made and shall be satisfactory in form and substance to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed as a waiver of such Default by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLenders.

No Waiver, etc. No failure The Borrower waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, Collateral received or delay by the Bank to insist upon the strict performance delivered or other action taken in reliance hereon and all other demands and notices of any termdescription. With respect to both the Obligations and the Collateral, condition, covenant the Borrower assents to any extension or agreement of this Agreement or postponement of the time of payment or any other Financing Documentsindulgence, to any substitution, exchange or release of Collateral, to exercise the addition or release of any rightparty or person primarily or secondarily liable, power to the acceptance of partial payment thereon and the settlement, compromising or remedy consequent upon a breach adjusting of any thereof, all in such manner and at such time or times as the Lender may deem advisable. The Lender shall constitute a waiver have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any such term, condition, covenant or agreement or of any such breach, or preclude rights pertaining thereto beyond the Bank from exercising any such right, power or remedy at any later time or timessafe custody thereof. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank The Lender shall not be deemed to waive the right either to require prompt payment when due have waived any of all other amounts payable under this Agreement its rights upon or under any the Obligations or the Collateral unless such waiver shall be in writing and signed by the Lender. No delay or omission on the part of the other Financing Documents, or to declare a Default for failure to effect such prompt payment of Lender in exercising any such other amount; provided, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank right shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which a Default exists shall not in any way or manner be construed operate as a waiver of such Default right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Lender with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successfully or concurrently at such time or at such times as the Lender deems expedient, to the extent permitted by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultunderlying leases and/or notes.

No Waiver, etc. No Any failure or delay by the Bank Grantee to insist upon the strict performance by the Grantor of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Bank 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 Agreement or under any of the other Financing Documents, the Bank terms and provisions hereof shall not be deemed to waive the right either to require prompt payment when due be a waiver of all other amounts payable under this Agreement or under any of the terms and provisions hereof, and the Grantee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Grantor, of any and all of the terms and provisions of this Mortgage or the Note to be performed by the Grantor; and neither the Grantor nor any other Financing Documents, person now or to declare a Default hereafter obligated for failure to effect such prompt the payment of the whole or any such other amount; provided, however, that if any such late payment is made to the representative part of the Bank identified in Section 7.3 hereof, the Bank sums now or hereafter secured by this Mortgage shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance be relieved of such late payment does not constitute a waiver obligations by reason of the Default for failure of the Grantee to make prompt payment comply with any request of such amount. The payment by the Pledgor Grantor or any other Person and the acceptance by the Bank of any other amount due and payable under person so obligated to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Agreement Mortgage or of any obligation secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of the Property and the Grantee extending the time of payment or modifying the terms of any of the Note or this Mortgage without first having obtained the consent of the Grantor or such other Financing Documents person, and in the latter event, the Grantor and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by the Grantee; and, regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien on the Property, the Grantee may release the obligation of anyone at any time during which a Default exists shall not liable for any of the indebtedness and may extend the time of payment or otherwise modify the terms of the Note and/or Mortgage without, as to the security or the remainder thereof, in any way impairing or manner be construed as a waiver affecting the lien of this Mortgage, or the priority of such Default by lien, as security for the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereofindebtedness as it may be so extended or modified, over any subordinate lien; and the Bank shall immediately notify the Pledgor after acceptance holder of any subordinate lien shall have no right to terminate any lease affecting the Property whether or not such payment, if the acceptance of such payment does not constitute a waiver of the existing Defaultlease is subordinate to this Mortgage.

No Waiver, etc. 27. No failure act or delay omission of Landlord or its agents shall constitute an actual or constructive eviction, unless Landlord shall have first received written notice of Tenant's claim and shall have had a reasonable opportunity to verify such claim (Not to exceed two days). In the event that any payment herein provided for by Tenant to Landlord shall become overdue for a period in excess of ten (10) days after written notice by Landlord, then at landlord's option a "late charge" shall become due and payable to Landlord, as additional rent, from the Bank date it was due until payment is made at the following rates: for individual and partnership Tenants, said late charge shall be computed at the maximum legal rate of interest; for corporate or governmental entity Tenants the late charge shall be computed as two percent per month unless there is an applicable maximum legal rate of interest which then shall be used. No act or omission of Landlord or its agents shall constitute an acceptance of a surrender of the premises, except a writing signed by Landlord. The delivery of keys to insist upon the strict performance of any termLandlord, condition, covenant or agreement its agents shall not constitute a termination of this Agreement lease or a surrender of the other Financing Documentspremises. Acceptance by Landlord of less than the rent herein provided shall at Landlord's option be deemed on account of earliest rent remaining unpaid. No endorsement on any check, or to exercise any right, power or remedy consequent upon a breach thereofletter accompanying rent, shall constitute a be deemed an accord and satisfaction, and such check may be cashed without prejudice to Landlord. No waiver of any provision of this lease by Landlord shall be effective, unless such termwaiver be in writing signed by Landlord. This lease contains the entire agreement between the parties, conditionand no modification thereof shall be binding unless in writing and signed by the party concerned. Tenant shall comply with the rules and regulations printed in this lease, covenant and any reasonable modifications thereof or agreement or of any such breach, or preclude the Bank from exercising any such right, power or remedy at any later time or timesadditions thereto. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Bank Landlord shall not be deemed liable to waive Tenant for the right either violation of such rules and regulations by any other tenant. Failure of Landlord to require prompt payment when due enforce any provision of all other amounts payable under this Agreement or under any of the other Financing Documentslease, or to declare a Default for failure to effect such prompt payment any rule or regulation, shall not be construed as the waiver of any such other amount; providedsubsequent violation of a provision of this lease, however, that if any such late payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such late payment, if the acceptance of such late payment does not constitute a waiver of the Default for failure to make prompt payment of such amount. The payment by the Pledgor or any other Person and the acceptance by the Bank of any other amount due and payable under the provisions of this Agreement rule or the other Financing Documents at any time during which a Default exists regulation. This lease shall not be affected by nor shall Landlord in any way be liable for the closing, darkening or manner be construed bricking up of windows in the premises, for any reason, including as the result of construction on any property of which the premises are not a waiver of such Default part or by the Bank or preclude the Bank from exercising any right, power or remedy consequent upon such Default; provided, however, that if any such payment is made to the representative of the Bank identified in Section 7.3 hereof, the Bank shall immediately notify the Pledgor after acceptance of any such payment, if the acceptance of such payment does not constitute a waiver of the existing DefaultLandlord's own acts.