Waiver by Buyer. If Buyer and/or its Permitted Assignees, with knowledge of (i) a default in any of the covenants, agreements or obligations to be performed by Seller under this Agreement and/or (ii) any breach of or inaccuracy in any representation or warranty of Seller made in this Agreement, nonetheless elects to proceed to Closing, then, upon the consummation of the Closing, Buyer and/or its Permitted Assignees shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Seller with respect thereto.
Waiver by Buyer. 11 Section 3.5 [Intentionally Omitted]. ........................................11
Waiver by Buyer. The failure of Buyer to enforce any of the provisions of this Guaranty at any time or for any period of time shall not be construed to be a waiver of any such provision or of the right thereafter to enforce the same.
Waiver by Buyer. If, prior to the expiration of the Environmental --------------- Examination Period, the Buyer has knowledge of an Environmental Defect and does not notify Seller in writing of the existence thereof on or before the expiration of the Environmental Examination Period (including, without limitation, any Environmental Defect noted or described in any oral or written report prepared by the Environmental Consultant), the Buyer shall be deemed to have waived such Environmental Defect and such Environmental Defect shall be deemed to constitute a Company Liability. In addition, all conditions and matters of which Buyer has knowledge prior to the expiration of the Environmental Examination Period and which would have constituted Environmental Defects but for the $50,000 threshold limitation set forth in the definition of Environmental Defect shall be deemed to constitute Company Liabilities.
Waiver by Buyer. Seller shall not have any obligation or liability under this Agreement or in connection with or with respect to the transactions contemplated by this Agreement for any breach, misrepresentation, or noncompliance with respect to any representation, warranty, covenant, indemnity, or obligation if such breach, misrepresentation, or noncompliance shall have been waived by Buyer.
Waiver by Buyer. Buyer may at its option waive in writing the performance of any of the Seller's covenants or any of the conditions contained in this Article 6.
Waiver by Buyer. Buyer, any endorser of this Note, and all others who may become liable for all or any part of the obligations evidenced by this Note hereby severally waive demand, presentment for payment, demand and protest, notice of protest, demand and dishonor and non-payment and consent to any number of renewals or extensions of time hereof. Any such renewals or extensions may be made without notice to any of said parties and without affecting their liability. The pleading of any statute of limitations as a defense to any demand against the Buyer is expressly waived by Xxxxx.
Waiver by Buyer. 16 Section 3.5 Excluded Consent Properties............................................16
Waiver by Buyer. The conditions precedent set out in Clause 4.3 have been inserted for the benefit of the Buyer and may be waived in writing, in whole or in part and with or without conditions, by the Buyer.
Waiver by Buyer. Buyer hereby waives and relinquishes any and all --------------- rights and remedies Buyer may now or hereafter have against the Indemnified Parties (excluding any past, present or future tenants of the Property) and Property, whether know or unknown, with respect to any past, present or future presence or existence of any hazardous or toxic waste, substances or materials of any kind or nature ("Hazardous Materials") on, under or about the Property or surrounding land or with respect to any past, present or future violations of any rules, regulations or laws, now or hereafter enacted, regulating or governing the use, handling, storage or disposal of Hazardous Materials (collectively, "Environmental Laws") including, without limitation, any and all rights Buyer may now or hereafter have to seek contributions from the Indemnified Parties and Property under (i) Section 113(f)(i) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("XXXX") (42 U.S.C. Section 9613), as the same may be further amended or replaced by any similar law, rule or regulation and (ii) Section 25300 et seq. -- --- of the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substance Account Act (California Health and Safety Code, Division 20, Chapter 6.95), as the same may be further amended or replaced by any similar law, rule or regulation. Buyer hereby further releases the Indemnified Parties and Property from any and all liability whether known or unknown now or hereafter existing with respect to the Property under Section 107 of CERCLA (42 U.S.C. Section 9607). Solely with respect to matters released under this Section 12, Buyer expressly waives all rights under California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The waivers and releases by Buyer herein contained shall survive the Close of Escrow and the recordation of the Grant Deed in perpetuity. /s/ [SIGNATURE] Buyer's Initials ---------------------------- 22
