Common use of Nonwaiver and Expenses Clause in Contracts

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the other, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remedies. Without limiting any other provision of this Warrant, notwithstanding if the fact that all rights hereunder terminate on Company or the Termination Date. If either party Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first then such party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected such party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the HolderCompany’s or Companythe Holder’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company or a Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherHolder or Company (as the case may be), the first breaching party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected non-breaching party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companythat party’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate the right to exercise this Warrant terminates on the Termination Date. If Without limiting any other provision of this Warrant or the Purchase Agreement, if either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party willfully and knowingly fails to comply with Without limiting any other provision of this Warrant, which results in if either party shall commence an action, suit or proceeding to enforce any material damages to the otherprovisions of this Warrant, the first prevailing party in such action, suit or proceeding shall pay to be reimbursed by the other party such amounts as shall be sufficient to cover any for their reasonable and documented costs and expenses incurred including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected such party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of the Company or the Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remediesremedies of the other. Without limiting any other provision of this Warrant or the Warrant Agency Agreement, notwithstanding if either the fact that all rights hereunder terminate on Company or the Termination Date. If either party Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the other, the first such defaulting party shall pay to the other non-defaulting party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected such non-defaulting party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first such party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected other party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company either party shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companyeither party’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherHolder, the first party Company shall pay to the other party Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable and documented attorneys’ fees, including those of appellate proceedings, incurred by the affected party Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company either party hereto shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companysuch party’s rights, powers or remedies. Without limiting any other provision of this Warrant, notwithstanding if the fact that all rights hereunder terminate on the Termination Date. If either party Company willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages damage to the otherHolder, the first party Company shall pay to the other party Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the other, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companythat party’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate the right to exercise this Warrant terminates on the Termination Date. If Without limiting any other provision of this Warrant, if either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companythat party’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company or Xxxxxx willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first non-complying party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected damaged party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or the Company’s respective rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company or the Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the other, the first such party shall pay to the such other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companythat party’s rights, powers or remedies, notwithstanding the fact that all rights of Holder hereunder terminate on the Termination Date. If either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companyparty’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate the right to exercise this Warrant terminates on the Termination Date. If Without limiting any other provision of this Warrant or the Purchase Agreement, if either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected prevailing party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company or the Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the other, the first such party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the HolderCompany’s or Companythe Holder’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Expiration Date. If either party the Company or a Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherHolder or Company (as the case may be), the first breaching party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected non-breaching party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or the Company’s respective rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company or the Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the other, the first such party shall pay to the such other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunderhereunder subject to the prevailing party requirements set forth in Section 5(e).

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Company’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company or the Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the other, the first such party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companysuch party’s rights, powers or remedies. Without limiting any other provision of this Warrant, notwithstanding if the fact that all rights hereunder terminate on the Termination Date. If either party Company willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party that failed to comply with this Warrant shall pay to the other damaged party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected damaged party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companythat party’s rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate the right to exercise this Warrant terminates on the Termination Date. If Without limiting any other provision of this Warrant or the Purchase Agreement, if either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.. {3062408.DOCX;} 14

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companysuch party’s rights, powers or remedies. Without limiting any other provision of this Warrant or the Purchase Agreement, notwithstanding if the fact that all rights hereunder terminate on the Termination Date. If either party Company willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party that failed to comply with this Warrant shall pay to the other damaged party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected damaged party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or the Company shall operate as a waiver of such right or otherwise prejudice the Holder’s or Companythat party’s rights, powers or remedies, notwithstanding the fact that all rights of Holder hereunder terminate on the Termination Date. If either party willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherother party, the first party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the affected party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

Nonwaiver and Expenses. No course of dealing or any delay or failure to exercise any right hereunder on the part of Holder or Company shall operate as a waiver of such right or otherwise prejudice the Company's or the Holder’s or Company’s 's rights, powers or remedies, notwithstanding the fact that all rights hereunder terminate on the Termination Date. If either party the Company or a Holder willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the otherHolder or Company (as the case may be), the first breaching party shall pay to the other party such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ ' fees, including those of appellate proceedings, incurred by the affected non-breaching party in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.