Xxxxxr. As used in this Agreement, the neuter gender shall include the masculine and feminine genders and the masculine gender shall include the feminine and neuter genders, the singular shall include the plural and the word "person" shall include a corporation, firm, company, trust and other form of association or entity.
Xxxxxr. (xxxxxxxxx Xax 0, 0000) Kxxxx X. Xxxxxx (effective May 1, 1998) Jxxxxx X. Xxxxxx (effective May 1, 1998) Xxxx X. Xxxxxxx Ramon L. Humke (effective Xxxxxxx 0, 0007) Xxxxx X. Xxxsel (effective July 28, 1998) Xxxxxx X. Xxxxht David J. McCarthy (effecxxxx Xxxxxxx 0, 1000) Xxxx X. Xxxxweiler (effective January 1, 0000) Xxxxxx X. Xxyer Stephen J. Plunkett Stephxx X. Xxxxxx (xfxxxxxxx Xxx 0, 0000) Xxxxxx X. Xxxx (effective July 28, 1998) Xxxxxx X. Xxxxh Bryan G. Tabler (effectivx Xxxxxxx 1, 1990) Xxxxxxx X. Xracy (effective May 1, 1998)
Xxxxxr. Eaxx xxxx Xxxxxxx xxall hold office until a successor shall have been elected and qualified which election shall require a Requisite Vote of Members.
Xxxxxr. Eaxx xxxx Xxxxxxx xxall hold office until a successor shall have been elected and qualified. Managers shall be elected by a Majority Vote of Members.
Xxxxxr. With full knowledge of the circumstances and the effect of its action, the Investment Adviser hereby waives any and all rights which it may acquire in the future against the property of any shareholder of the Trust, other than shares of the Trust at their net asset value; which arise out of any action or inaction of the Trust under this Agreement.
Xxxxxr. Any waiver by any party of a breach of any term of this Agreement shall not operate as or be construed to be a waiver of any other breach of that term or of any breach of any other term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
Xxxxxr. Xxx xxixxx xx xxx xarty of a breach of any term of this Agreement shall not operate as or be construed to be a waiver of any other breach of that term or of any breach of any other term of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and, in the case of a corporate party, be authorized by a resolution of the Board of Directors or by an officer of the waiving party.
Xxxxxr. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Xxxxxr. (xxxxxxxxx Xax 0, 0000) Kxxxx X. Xxxxxx (effective May 1, 1998) Jxxxxx X. Xxxxxx (effective May 1, 1998) Xxxx X. Xxxxxxx Ramon L. Humke (effective Xxxxxxx 0, 0007) Xxxxx X. Xxxsel (effective July 28, 1998) Xxxxxx X. Xxxxht David J. McCarthy (effecxxxx Xxxxxxx 0, 1000) Xxxx X. Xxxxweiler (effective January 1, 0000) Xxxxxx X. Xxyer Stephen J. Plunkett Stephxx X. Xxxxxx (xfxxxxxxx Xxx 0, 0000) Xxxxxx X. Xxxx (effective July 28, 1998) Xxxxxx X. Xxxxh Bryan G. Tabler (effectivx Xxxxxxx 1, 1990) Xxxxxxx X. Xracy (effective May 1, 1998) Xx xxx xxxxxxx IPALCO Enterprises, Inc. and the following individuals:
Xxxxxr. Each party hereto may in its sole discretion (i) extend the time for the performance of any of the obligations or other acts of the other party hereunder, (ii) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document, certificate or writing delivered pursuant hereto or (iii) waive compliance by the other party with any of the agreements or conditions contained herein. No term or provision hereof shall be deemed waived and no breach hereof excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver hereunder shall apply or be construed to apply beyond its expressly stated terms. No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. No failure to insist upon strict performance of any term or provision of this Agreement, or to exercise any right hereunder, shall be construed as a waiver or as a relinquishment of such term, provision, or right. 4.5
