No Waiver or Set-Off. The Guarantor agrees that, to the maximum extent permitted by law, (a) no act of commission or omission of any kind or at any time on the part of the Trustee or any Holder of the Securities, or their successors and assigns, in respect of any matter whatsoever shall in any way impair the rights of the Trustee or such Holders to enforce any right, power or benefit under this Guarantee, and (b) no set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature (other than performance), which the Guarantor or the Company has or may have against the Trustee or such Holders or any assignee or successor thereof shall be available hereunder to the Guarantor.
No Waiver or Set-Off. No act of commission or omission of any kind or at any time upon the part of the Company or the Trustee, or their successors and assigns, in respect of any matter whatsoever shall in any way impair the rights of the Trustee to enforce any right, power or benefit under this Partnership Guarantee and no set-off, counterclaim, reduction, or diminution of any obligation, or any defense of a surety guarantor (other than performance by the Partnership of its obligations hereunder, or receipt by the Trustee of payment from the Company) which the Partnership has or may have against the Company or the Trustee or any assignee or successor thereof shall be available hereunder to the Partnership.
No Waiver or Set-Off. No act of commission or omission of any kind or at any time upon the part of Borrower, any of its successors and assigns or the Construction/Acquisition Agent or the Construction/Acquisition Lenders in respect of any matter whatsoever shall in any way impair the rights of the Construction/Acquisition Agent and the Construction/Acquisition Lenders to enforce any right, power or benefit under this Guaranty, and no set-off, counterclaim, reduction or diminution of any obligation, or any defense of a surety or guarantor that Guarantor have or may have against Borrower, the Construction/Acquisition Agent, the Construction/Acquisition Lenders or any assignee or successor thereof shall be available hereunder to Guarantor.
No Waiver or Set-Off. All rent, additional rent, and rent adjustments payable in this Lease shall be made without any deduction or set-offs whatsoever. If there is dispute regarding the amount or rent, Xxxxxx’s sole remedy will be to bring a breach of contract action in a court of competent jurisdiction. The obligation of the Tenant with respect to the payment of Rent due hereunder shall survive the expiration or termination of this Lease. The receipt of any amount of rent or additional rent other than that originally reserved herein or that which may become payable under the terms of this lease, shall not operate as a waiver of any of Landlord's rights or as an accord and satisfaction and Landlord may collect any sums without prejudicing its right and may apply same on account of any balances due in its own discretion.
No Waiver or Set-Off. No act of commission or omission of any kind or at any time upon the part of the Issuer or the Trustee in respect of any matter whatsoever shall in any way impair the rights of the Trustee to enforce any right, power or benefit under this Project Completion Guaranty Agreement and no set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature (other than performance by the Guarantors of their obligations hereunder), which any Guarantor or any obligor under any of the Security Documents or Project Documents has or may have against the Issuer or the Trustee shall be available hereunder to the Guarantors.
No Waiver or Set-Off. No act or commission or omission of any kind or at any time upon the part of the Trustee in respect of any matter whatsoever shall in any way impair the rights of the Trustee to enforce any right, power or benefit under this Pledge and Security Agreement and no set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature (other than performance by the Obligor of its obligations hereunder), which the Obligor or any other obligor under any of the Security Documents has or may have against the Trustee or any other Person shall be available hereunder to the Obligor.
No Waiver or Set-Off. No act or commission or omission of -------------------- any kind or at any time upon the part of the Agency or the Bondholder, or their successors and assigns, in respect of any matter whatsoever shall in any way impair the rights of the Bondholder to enforce any right, power or benefit under this Lessee Guaranty and no set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature (other than performance by the Lessee of its obligations hereunder), which the Lessee, or any other obligor under any of the Security Documents has or may have against the Agency or the Bondholder or any assignee or successor thereof shall be available hereunder to the Lessee.
No Waiver or Set-Off. No act of commission or omission of any kind or at any time upon the part of the Authority or the Trustee in respect of any matter whatsoever shall in any way impair the rights of the Authority to enforce any right, power or benefit under this Guaranty Agreement and no set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature (other than performance by the Guarantor of its obligations hereunder), which the Guarantor or any other obligor under any of the documents executed in connection with the Series 1999 Bonds has or may have against the Authority or the Trustee shall be available hereunder to the Guarantor. Nothing herein shall prevent the commencement of a separate action by the Guarantor or the interposition of a mandatory counterclaim.
No Waiver or Set-Off. No act of commission or omission of any -------------------- kind or at any time upon the part of the Agency, the Trustee, the Bank or the Issuing Agent in respect of any matter whatsoever shall in any way impair the rights of the Trustee, the Bank or the Issuing Agent to enforce any right, power or benefit under this Guaranty Agreement and no set-off, counterclaim, reduction, or diminution of any obligation, or any defense of any kind or nature (other than performance by the Corporate Guarantor of its obligations hereunder), which the Corporate Guarantor has or may have against the Agency, the Trustee, the Bank or the Issuing Agent shall be available hereunder to the Corporate Guarantor except for mandatory counterclaims.
No Waiver or Set-Off. You agree that our delay, or failure to exercise any rights, does not prevent us from exercising them at a later time. If any part of this Lease is found to be invalid, then it shall not invalidate any of the other parts and the Lease shall be modified to the minimum extent as permitted by law. All lease payments to us are "net" and are not subject to set off or reduction without our consent.
