FOR THE SPECIFIC PURPOSE FOR WHICH GIVEN.
11.4
ADDRESSES FOR NOTICES TO GUARANTOR.
ALL NOTICES, DEMANDS,
REQUESTS, CONSENTS, APPROVALS AND OTHER COMMUNICATIONS HEREUNDER SHALL BE IN
WRITING AND DIRECTED TO THE ADDRESS DESCRIBED IN, AND DEEMED RECEIVED IN
ACCORDANCE WITH THE PROVISIONS OF, SECTION 8.01 OF THE CREDIT AGREEMENT.
11.5
NO WAIVER; REMEDIES.
IN ADDITION TO, AND NOT IN LIMITATION OF,
SECTION 2.3 AND SECTION 2.5, NO FAILURE ON THE PART OF BANK TO EXERCISE, AND NO
DELAY IN EXERCISING, ANY RIGHT HEREUNDER SHALL OPERATE AS A WAIVER THEREOF; NOR
SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY RIGHT HEREUNDER PRECLUDE ANY OTHER
OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT.
THE REMEDIES
HEREIN PROVIDED ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY REMEDIES PROVIDED BY
LAW.
11.6
SECTION CAPTIONS.
SECTION CAPTIONS USED IN THIS GUARANTY ARE FOR
CONVENIENCE OF REFERENCE ONLY, AND SHALL NOT AFFECT THE CONSTRUCTION OF THIS
GUARANTY.
11.7
SEVERABILITY.
WHEREVER POSSIBLE EACH PROVISION OF THIS GUARANTY
SHALL BE INTERPRETED IN SUCH MANNER AS TO BE EFFECTIVE AND VALID UNDER
APPLICABLE LAW, BUT IF ANY PROVISION OF THIS GUARANTY SHALL BE PROHIBITED BY OR
INVALID UNDER SUCH LAW, SUCH PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF
SUCH PROHIBITION OR INVALIDITY, WITHOUT INVALIDATING THE REMAINDER OF SUCH
PROVISION OR THE REMAINING PROVISIONS OF THIS GUARANTY.
11.8
TERMINATION OF GUARANTY.
THE OBLIGATIONS OF GUARANTOR UNDER THIS
GUARANTY SHALL TERMINATE ON THE DATE UPON WHICH (I) GUARANTOR HAS FULLY
PERFORMED ALL OF ITS OBLIGATIONS UNDER THIS GUARANTY AND (II) ALL GUARANTEED
OBLIGATIONS ARE SATISFIED IN FULL.
17
11.9
ENTIRE AGREEMENT.
THIS GUARANTY CONSTITUTES AND CONTAINS THE
ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND
SUPERSEDES ANY AND ALL PRIOR NEGOTIATIONS, CORRESPONDENCE, UNDERSTANDINGS AND
AGREEMENTS RESPECTING THE SUBJECT MATTER HEREOF.
11.10
NOTICES.
ANY NOTICE OR DEMAND DESIRED OR REQUIRED TO BE GIVEN
HEREUNDER SHALL BE IN WRITING AND DEEMED GIVEN WHEN PERSONALLY DELIVERED, SENT
BY TELECOPIER, OVERNIGHT COURIER OR DEPOSITED IN THE MAIL, POSTAGE PREPAID, SENT
CERTIFIED OR REGISTERED, RETURN RECEIPT REQUESTED, AND ADDRESSED AS SET FORTH IN
SECTION 8.01 OF THE CREDIT AGREEMENT.
ANY NOTICE SO DELIVERED PERSONALLY OR BY
TELECOPIER SHALL BE DEEMED TO BE RECEIVED ON THE DATE OF DELIVERY OR
TRANSMISSION BY TELECOPIER; ANY NOTICE SO SENT BY OVERNIGHT COURIER SHALL BE
DEEMED TO BE RECEIVED ONE (1) BUSINESS DAY AFTER THE DATE SENT; AND ANY NOTICE
SO MAILED SHALL BE DEEMED TO BE RECEIVED ON THE DATE STAMPED ON THE RECEIPT.
ANY PARTY MAY CHANGE THE ADDRESS TO WHICH ALL NOTICES, REQUESTS AND OTHER
COMMUNICATIONS ARE TO BE SENT TO IT BY GIVING WRITTEN NOTICE OF SUCH ADDRESS
CHANGE TO THE OTHER PARTIES IN CONFORMITY WITH THIS SECTION, BUT SUCH CHANGE
SHALL NOT BE EFFECTIVE UNTIL NOTICE OF SUCH CHANGE HAS BEEN RECEIVED BY THE
OTHER PARTY.
11.11
COUNTERPARTS.
THIS GUARANTY MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH SHALL BE AN ORIGINAL WITH THE SAME EFFECT AS IF THE
SIGNATURES THEREOF AND HERETO