RIGHT TO EXERCISE RIGHTS WITH RESPECT TO ALL OR ANOTHER
PORTION OF THE COLLATERAL AT A LATER TIME OR TIMES.
SECTION 10.04
ANNULMENT OF DEFAULTS.
AN EVENT OF DEFAULT SHALL NOT
BE DEEMED TO BE IN EXISTENCE FOR ANY PURPOSE OF THIS AGREEMENT OR ANY OTHER
PROJECT LOAN DOCUMENT IF AGENT SHALL HAVE WAIVED SUCH EVENT OF DEFAULT IN
WRITING OR STATED THAT THE SAME HAS BEEN CURED TO ITS SATISFACTION, BUT NO SUCH
WAIVER SHALL EXTEND TO OR AFFECT ANY SUBSEQUENT EVENT OF DEFAULT OR IMPAIR ANY
OF THE RIGHTS OF AGENT OR LENDERS UPON THE OCCURRENCE THEREOF.
SECTION 10.05
WAIVERS.
BORROWER HEREBY WAIVES (AND SHALL CAUSE EACH
OTHER BORROWER ENTITY TO WAIVE) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW
(A) ALL PRESENTMENTS, DEMANDS FOR PAYMENT OR PERFORMANCE, NOTICES OF
NONPERFORMANCE (EXCEPT TO THE EXTENT REQUIRED BY THE PROVISIONS HEREOF OR OF ANY
OTHER PROJECT LOAN DOCUMENTS), PROTESTS AND NOTICES OF DISHONOR, (B) ANY
REQUIREMENT OF DILIGENCE OR PROMPTNESS ON AGENT'S PART IN THE ENFORCEMENT OF ITS
RIGHTS UNDER THE PROVISIONS OF THIS AGREEMENT OR ANY OTHER PROJECT LOAN
DOCUMENT, (C) ANY AND ALL NOTICES OF EVERY KIND AND DESCRIPTION WHICH MAY BE
REQUIRED TO BE GIVEN BY ANY STATUTE OR RULE OF LAW AND (D) ALL RIGHTS TO HAVE
ANY SECURITY MARSHALED UPON THE EXERCISE OF ANY REMEDIES HEREUNDER OR UNDER ANY
OTHER PROJECT LOAN DOCUMENT.
SECTION 10.06
COURSE OF DEALING, ETC.
NO COURSE OF DEALING AND NO
DELAY OR OMISSION BY AGENT IN EXERCISING ANY RIGHT OR REMEDY HEREUNDER SHALL
OPERATE AS A WAIVER THEREOF OR OF ANY OTHER RIGHT OR REMEDY AND NO SINGLE OR
PARTIAL EXERCISE THEREOF SHALL PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR
THE EXERCISE OF ANY OTHER RIGHT OR
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REMEDY.
A WAIVER ON ANY ONE OCCASION SHALL NOT BE CONSTRUED AS A BAR TO OR
WAIVER OF ANY RIGHT OR REMEDY ON ANY FUTURE OCCASION.
NO WAIVER OR CONSENT
SHALL BE BINDING UPON AGENT UNLESS IT IS IN WRITING AND SIGNED BY AGENT.
AGENT'S EXERCISE OF ANY RIGHT TO REMEDY ANY DEFAULT SHALL NOT CONSTITUTE A
WAIVER OF THE DEFAULT REMEDIED, A WAIVER OF ANY OTHER PRIOR OR SUBSEQUENT
DEFAULT OR A WAIVER OF THE RIGHT TO BE REIMBURSED FOR ANY AND ALL OF ITS
EXPENSES IN SO REMEDYING SUCH DEFAULT.
NO ADVANCE OF PROJECT LOAN PROCEEDS
HEREUNDER, NO INCREASE OR DECREASE IN THE AMOUNT OF ANY ADVANCE, AND NO MAKING
OF ALL OR ANY PART OF AN ADVANCE PRIOR TO THE DUE DATE THEREOF SHALL CONSTITUTE
AN APPROVAL OR ACCEPTANCE BY AGENT OR LENDERS OF THE WORK THERETOFORE DONE OR A
WAIVER OF ANY OF THE CONDITIONS OF LENDERS' OBLIGATION TO MAKE FURTHER ADVANCES,
NOR IN THE EVENT BORROWER IS UNABLE TO SATISFY ANY SUCH CONDITION, SHALL ANY
SUCH FAILURE TO INSIST UPON STRICT COMPLIANCE HAVE THE EFFECT OF PRECLUDING
LENDERS FROM THEREAFTER REFUSING TO MAKE AN ADVANCE AND/OR DECLARING SUCH
INABILITY TO BE AN EVENT OF DEFAULT AS HEREINABOVE PROVIDED.
ANY ADVANCES
HEREUNDER DURING THE EXISTENCE