Nonwaiver of Default. Any failure by either party at any time or from time to time to enforce and require the strict keeping and performance of any of the terms and conditions of this Agreement shall not constitute a waiver of any such terms and conditions at any future time and shall not permit such party from insisting on the strict keeping and performance of such terms and conditions at any later time.
Nonwaiver of Default. The subsequent acceptance of Base Rent, Additional Rent or any other sums due from Lessee under this Lease shall not be deemed a waiver of any preceding breach of any obligation by Lessee hereunder (other than Lessee’s failure to pay the particular rental so accepted), and the waiver of any breach of any covenant or condition by Lessor shall not constitute a waiver of any other breach regardless of knowledge thereof.
Nonwaiver of Default. If a Party fails to strictly enforce the performance of a provision of this Investor Proxy Agreement, the failure does not constitute a waiver of that provision at any future time and it does not prevent that Party from insisting on the strict keeping and performance of that provision at a later time.
Nonwaiver of Default. IBM Credit expects Customer to strictly adhere to the provisions of the Financing Agreement and to perform its Obligations thereunder accordingly. Any failure by Customer to comply with the provisions of the Financing Agreement or the terms herein may result in the immediate termination of the Financing Agreement. Neither this Forbearance Agreement nor IBM Credit's forbearance hereunder shall be deemed a waiver of or consent to the Existing Events of Default referenced in Section 2 of this Forbearance Agreement or any other default that may have occurred in addition to the Existing Events of Default or a course of dealing with respect to any default. The Customer and each Guarantor agree that such Existing Events of Default, as referenced in Section 2 of this Forbearance Agreement, shall not be deemed t have been waived, released or cured by virtue of such loans or IBM Credit's agreement to forbear pursuant to the terms of this Forbearance Agreement or the execution of this Forbearance Agreement. IBM Credit retains all of its rights and remedies contained in this Forbearance Agreement, the Guaranties and the Financing Agreement, including the right to make immediate demand as a result of Customer's default as provided thereunder.
Nonwaiver of Default. If a Party fails to strictly enforce the performance of a provision of this Management Agreement, the failure does not constitute a waiver of that provision at any future time and it does not prevent that Party from insisting on the strict keeping and performance of that provision at a later time.
Nonwaiver of Default. Each shipment made under any order shall be treated as a separate transaction, but in the event of any default by Purchaser, FDK may decline to make further shipment without in any way affecting its rights under such order. If FDK elects to continue to make shipments, its action will not constitute a waiver of any default by Purchaser or in any way affect FDK's legal remedies for any such default.
Nonwaiver of Default. Neither this Agreement nor IBM Credit's forbearance hereunder shall be deemed a waiver of or consent to the default referenced din Paragraph 1 of this Agreement. The Company and the Guarantors agree that such default and the Shortfall Obligation shall not be deemed to have been waived, released or cured by virtue of such loans or IBM Credit's agreement to forbear pursuant to the terms of this Agreement or the execution of this Agreement.
Nonwaiver of Default. In the event of any default by Buyer, Seller may decline to make further shipments without being in breach hereof. If Seller elects to continue to make shipments, Seller's action shall not constitute a waiver of any default by Buyer or in any way affect Seller's legal remedies for any default hereunder.
Nonwaiver of Default. No acquiescence by either party in any breach of covenant or default by the other party hereunder shall operate as a waiver of the acquiescing party's rights with respect to such breach or default or subsequently, to the same or any other breach or default.
Nonwaiver of Default. Each shipment made shall be treated as a separate transaction, but in the event of any default by Client, Fidelity may decline to make further shipments without in any way affecting Fidelity's right under such Attachment. If, despite any default by Client, Fidelity elects to continue to make shipments, its action shall not constitute a waiver of any prior default by Client or in any way affect Fidelity's legal remedies for any such default. EXHIBIT J
