Common use of Waiver of Terms and Conditions Clause in Contracts

Waiver of Terms and Conditions. No waiver of any default or breach by Xxxxxxxx hereunder shall be implied from any omission by the County to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the County to or of any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agreement or the Loan Documents, nor shall it invalidate any act done pursuant to notice of default, or prejudice the County in the exercise of any right, power, or remedy hereunder or under the Loan Documents, unless in the exercise of any such right, power, or remedy all obligations of Borrower to County are paid and discharged in full.

Appears in 6 contracts

Samples: Loan Agreement, Regulatory Agreement and Declaration Of, Loan Agreement

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Waiver of Terms and Conditions. No waiver of any default or breach by Xxxxxxxx Borrower hereunder shall be implied from any omission by the County to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the County to or of any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agreement or the Loan Documents, nor shall it invalidate any act done pursuant to notice of default, or prejudice the County in the exercise of any right, power, or remedy hereunder or under the Loan Documents, unless in the exercise of any such right, power, or remedy all obligations of Borrower to County are paid and discharged in full.

Appears in 2 contracts

Samples: Regulatory Agreement, Regulatory Agreement

Waiver of Terms and Conditions. No waiver of any default or breach by Xxxxxxxx the Developer hereunder shall be implied from any omission by the County to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the County to or of any act by Borrower the Developer requiring further consent or approval approval, shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agreement or the Loan Documents, nor shall it invalidate any act done pursuant to notice of default, or prejudice the County in the exercise of any right, power, or remedy hereunder or under the Loan Documentsthis Agreement, unless in the exercise of any such right, power, or remedy all obligations of Borrower the Developer to the County are paid and discharged in full.

Appears in 1 contract

Samples: Disposition and Development Agreement

Waiver of Terms and Conditions. The County Administrator may, at the County Administrator's discretion, waive in writing any of the terms and conditions of this Agreement or any of the County Documents, without the County and the Developer completing an amendment to this Agreement. No waiver of any default or breach by Xxxxxxxx the Developer hereunder shall will be implied from any omission by the County to take action on account of such default if such default persists or is repeated, and no express waiver shall will affect any default other than the default specified in the waiver, and such waiver shall will be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall will not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the County to or of any act by Borrower the Developer requiring further consent or approval shall will not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall will in no event constitute a cure or a waiver of any default under this Agreement or any of the Loan County Documents, nor shall will it invalidate any act done pursuant to notice of default, or prejudice the County in the exercise of any right, power, or remedy hereunder or under the Loan County Documents, unless in the exercise of any such right, power, or remedy all obligations of Borrower the Developer to County are paid and discharged in full.

Appears in 1 contract

Samples: Disposition and Development Agreement

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Waiver of Terms and Conditions. No waiver of any default or breach by Xxxxxxxx hereunder shall be implied from any omission by the County to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the County to or of any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default under this Agreement or the Loan DocumentsQuitclaim Deed, nor shall it invalidate any act done pursuant to notice of default, or prejudice the County in the exercise of any right, power, or remedy hereunder or under the Loan Documents, unless in the exercise of any such right, power, or remedy all obligations of Borrower to County are paid and discharged in fullhereunder.

Appears in 1 contract

Samples: Supplement to Base Closure Homeless Assistance Agreement

Waiver of Terms and Conditions. No waiver of any default Default or breach by Xxxxxxxx the Developer hereunder shall be implied from any omission by the County to take action on account of such default Default if such default Default persists or is repeated, and no express waiver shall affect any default Default other than the default Default specified in the waiver, and such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the County to to, or of of, any act by Borrower the Developer requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act. The exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of any default Default under this Agreement or the Loan applicable County Documents, nor shall it invalidate any act done pursuant to notice of defaultDefault, or prejudice the County in the exercise of any right, power, or remedy hereunder or under the Loan applicable County Documents, unless in the exercise of any such right, power, or remedy all obligations of Borrower the Developer to the County under the applicable County Documents are paid and discharged in full.

Appears in 1 contract

Samples: Disposition and Development Agreement

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