No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof.
Appears in 4 contracts
Samples: Indemnity and Guaranty Agreement (American Financial Realty Trust), Indemnity and Guaranty Agreement (Wellsford Real Properties Inc), Indemnity and Guaranty Agreement (Wellsford Real Properties Inc)
No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof.Exhibit 10.9
Appears in 2 contracts
Samples: Indemnity and Guaranty Agreement (IMH Financial Corp), Indemnity and Guaranty Agreement (IMH Financial Corp)
No Waiver; Time of Essence; Business Day. The failure of any party hereto to enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall not constitute a waiver thereof nor give rise to any estoppel against such party nor excuse any of the parties hereto from their respective obligations hereunder. Any waiver of such right or remedy must be in writing and signed by the party to be bound. This Agreement is subject to enforcement at law or in equity, including actions for damages or specific performance. Time is of the essence hereof.
Appears in 2 contracts
Samples: Indemnity and Guaranty Agreement (Clear Skies Holdings Inc), Indemnity and Guaranty Agreement (Brookdale Senior Living Inc.)
