Example ContractsClausesestoppelVariants
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Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby only by a written instrument signed by the party granting such waiver. No waiver, or failure to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.

Waiver;Section # Waiver of Compliance; Consents. Any failure of aany party hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby onlyother parties hereto solely by a written instrument executed by such other parties; any such written and signed waiver, and any failure by theany party granting such waiver. No waiver, or failure to insist upon strict compliance, by any party of any condition or any breach ofcompliance with any obligation, term, covenant, representation, warrantyagreement or agreement contained in this Agreement, in any one or more instances,condition herein, shall be construed to benot operate as a waiver of, or estoppel with respect to, any subsequent or other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement.failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing inwriting. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a manner consistent with the requirements forwaiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a waiver.continuing waiver unless otherwise expressly so provided.

Waiver; Consents.Waiver. Any failureterm or provision of a party to comply with any obligation, covenant, agreement or condition hereinthis Agreement may be waived in writing at any time by the party affected thereby only by a written instrument signed byentitled to the benefit thereof. The failure of either party granting such waiver. No waiver, or failureat any time to insist upon strict compliance, by any partyrequire performance of any conditionprovision of this Agreement shall not affect such party’s right at a later time to enforce such provision. No consent or waiver by either party to any default or to any breach of any obligation, term, covenant, representation, warrantya condition or agreement containedterm in this Agreement, in any one or more instances,Agreement shall be deemed or construed to be a consent or waiver of, or estoppel with respect to, any other condition orto any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.default.

Waiver;Waivers and Consents. AnyExcept as otherwise provided in this Agreement, any failure of a partySellers or Purchaser to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected therebyPerson entitled to the benefits thereof only by a written instrument signed by the partysuch Person granting such waiver. No waiver, but such waiver or failure to insist upon strict compliance, by any party of anycompliance with such obligation, covenant, agreement, or condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to benot operate as a waiver of, or estoppel with respect to, any subsequent or other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Wheneverfailure. All remedies, either under this Agreement requires or permits consent by Law or on behalf of any party hereto, such consentotherwise afforded, shall be given in writing in a manner consistent with the requirements for a waiver.cumulative and not alternative.

Waiver; Consents. Any failure of a partyFailure to complyinsist upon strict compliance with any obligation,of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant, agreement or condition herein maycondition. A waiver of any provision of this Agreement must be waived by the party affected thereby only bymade in writing, designated as a written instrumentwaiver, and signed by the party granting such waiver. No waiver,against whom its enforcement is sought. Any waiver or failure to insist upon strict compliance, by any partyrelinquishment of any conditionright or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, inpower hereunder at any one or more instances,times shall not be construed to bedeemed a waiver of, or estoppel with respect to,relinquishment of such right or power at any other conditiontime or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.times.

Waiver;10.2Waivers and Consents. AnyExcept as otherwise provided in this Agreement, any failure of a partySellers or Purchaser to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected therebyPerson entitled to the benefits thereof only by a written instrument signed by the partysuch Person granting such waiver. No waiver, but such waiver or failure to insist upon strict compliance, by any party of anycompliance with such obligation, covenant, agreement, or condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to benot operate as a waiver of, or estoppel with respect to, any subsequent or other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Wheneverfailure. All remedies, either under this Agreement requires or permits consent by Law or on behalf of any party hereto, such consentotherwise afforded, shall be given in writing in a manner consistent with the requirements for a waiver.cumulative and not alternative.

Waiver; Consents. Any failureWaiver. No waiver of any provision of this Agreement shall be effective unless it is in the form of a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby only by a written instrumentwriting signed by the party granting suchthe waiver. No waiver, or failure to insist upon strict compliance, by any partywaiver of any conditionprovision or consent to any breachprohibited action shall constitute a waiver of any obligation, term, covenant, representation, warrantyother provision or agreement contained in this Agreement, inconsent to any oneother prohibited action, whether or more instances,not similar. No waiver or consent shall be construedconstitute a continuing waiver or consent or commit a party to beprovide a waiver of, or estoppel with respect to, any other condition or any other breach ofconsent in the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be givenfuture except to the extent specifically set forth in writing in a manner consistent with the requirements for a waiver.writing.

Amendment; Waiver; Consents. Any failureConsent. No provision of a party to comply with any obligation, covenant, agreement or condition hereinthis Agreement may be waived by the party affected thereby only bywaived, modified, supplemented or amended except in a written instrument signed by each of the party granting such waiver.parties hereto. No waiver, or failure to insist upon strict compliance, by any partywaiver of any default with respect to any provision, condition or any breachrequirement of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances,Agreement shall be construeddeemed to be a continuing waiver of,in the future or estoppel with respect to,a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any other breachdelay or omission of either party to exercise any right hereunder in any manner impair the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalfexercise of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.right.

Waiver; Consents. Any failureNon Waiver. Except as otherwise expressly provided herein, no waiver of a partyany covenant, condition, or provision of this Agreement shall be deemed to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby only by a written instrumenthave been made unless expressly in writing and signed by the party grantingagainst whom such waiver. No waiver, orwaiver is charged; and # the failure to insist upon strict compliance, byof any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement,to insist in any one or more instances,cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, # the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and # no waiver by any party of one breach by another party shall be construed to beas a waiver of, or estoppel with respect to,to any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.subsequent breach.

Waiver; Consents. Any failureAmendments; Waiver. None of a party to comply with any obligation, covenant, agreementthe covenants, terms or condition hereinconditions of this Agreement may be waived by the party affected thereby onlyamended or modified except by a written instrument signed by the party granting such waiver. No waiver,all Parties. Any consent to or failure to insist upon strict compliance, by any party of any condition oracquiescence in any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances,Agreement shall be construed to benot constitute a waiver of, or estoppel with respect to,of any other condition or any otherlater breach of the same or of any other obligation, term, covenant, representation, warrantycovenants, agreements or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.conditions hereof.

Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition hereinThis Agreement may be waived byamended, modified, superseded or canceled, and any of the party affected therebyterms or conditions hereof may be waived, only by a written instrument signedexecuted by each party hereto or, in the case of a waiver, by the party granting such waiver.waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver, or failure to insist upon strict compliance, bywaiver of any party of any conditioncondition, or anyof the breach of any obligation, term, covenant, representation, warranty or agreementterm contained in this Agreement, whether by conduct or otherwise, in any one or more instances,instances shall be construeddeemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of, or estoppel with respect to,of any other condition or of the breach of any other breachterm of the samethis Agreement. No party may assign any rights, duties or anyobligations hereunder unless all other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall beparties have given in writing in a manner consistent with the requirements for a waiver.their prior written consent.

Waiver; Consents. Any failureWaiver. Failure of aeither party to complyinsist, in one or more instances, on performance by the other in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any obligation, covenant, agreementright granted in this Agreement or of the future performance of any such term or condition herein may be waived by the party affected thereby only byor of any other term or condition of this Agreement, unless such waiver is contained in a written instrumentwriting signed by the party granting suchmaking the waiver. No waiver, or failure to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.

Waiver; Consents. Any failureWaiver. No waiver of a party to comply with any obligation, covenant, agreement or condition herein mayprovision hereof shall be waived by the party affected thereby only by a written instrumenteffective unless made in writing and signed by the waiving party. The failure of any party granting such waiver. No waiver,to require the performance of any term or failure to insist upon strict compliance,obligation of this Agreement, or the waiver by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any oneshall not prevent subsequent enforcement of such term or more instances, shallobligation or be construed to bedeemed a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.subsequent breach.

Waiver; Consents. Any failureWaiver. No waiver of a party to comply with any obligation, covenant, agreement or condition herein mayprovision hereof shall be waived by the party affected thereby only by a written instrumenteffective unless made in writing and signed by the waiving party. The failure of any party granting such waiver. No waiver,to require the performance of any term or failure to insist upon strict compliance,obligation of this Agreement, or the waiver by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, inshall not prevent any onesubsequent enforcement of such term or more instances, shallobligation or be construed to bedeemed a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.subsequent breach.

Waiver; Consents. Any failureWaiver. Failure of aeither party to complyinsist, in one or more instances, on performance by the other in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any obligation, covenant, agreementright granted in this Agreement or the future performance of any such term or condition herein may be waived by the party affected thereby only byor of any other term or condition of this Agreement, unless such waiver is contained in a written instrumentwriting signed by the party granting suchmaking the waiver. No waiver, or failure to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.

Section # Waiver; Consents. Any failureConsent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party to comply with any obligation, covenant, agreementhereto shall be effective or condition herein maybinding unless such waiver shall be waived by the party affected thereby only by a written instrumentin writing and signed by the party granting such waiver. No waiver,claimed to have given or failureconsented thereto. Except to insist upon strict compliance, by any partythe extent otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances,thereof shall be construeddeemed to be a waiver of, or estoppel with respect to,of any other term, condition or provision or any otherbreach thereof, or any subsequent breach of the same term, condition or provision, nor shall any other obligation, term, covenant, representation, warrantyforbearance to seek a remedy for any noncompliance or agreement. Whenever this Agreement requiresbreach be deemed to be a waiver of a party’s rights and remedies with respect to such noncompliance or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.breach.

Waiver; Consents. Any failureWaiver. No waiver of a party to comply with any obligation, covenant, agreement or condition herein mayprovision hereof shall be waived by the party affected thereby only by a written instrumenteffective unless made in writing and signed by the party granting such waiver. No waiver, orwaiving Party. The failure of either Party to insist upon strict compliance, by any partyrequire the performance of any conditionterm or obligation of this Agreement, or the waiver by either Party of any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, inshall not prevent any onesubsequent enforcement of such term or more instances, shallobligation or be construed to bedeemed a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.subsequent breach.

Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition hereinThis Agreement may be waived byamended, modified, superseded or canceled, and any of the party affected therebyterms or conditions hereof may be waived, only by a written instrument signedexecuted by each Party or, in the case of a waiver, by the party granting such waiver. No waiver, orParty waiving compliance. The failure to insist upon strict compliance, by any party of any conditionParty at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver of any Party of any condition, or of the breach of any obligation, term, covenant, representation, warranty or agreementterm contained in this Agreement, whether by conduct or otherwise, in any one or more instances,instances shall be construeddeemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of, or estoppel with respect to,of any other condition or of the breach of any other breachterm of the samethis Agreement. No Party may assign any rights, duties or anyobligations hereunder unless all other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall beParties have given in writing in a manner consistent with the requirements for a waiver.their prior written consent.

Waiver;Waivers and Consents. Any failureThe terms and provisions of a party to comply with any obligation, covenant, agreement or condition hereinthis Agreement may be waivedwaived, or consent for the departure therefrom granted, only by written document executed by the party affected thereby only by a written instrument signed byentitled to the party grantingbenefits of such waiver.terms or provisions. No waiver,such waiver or failure to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be givendeemed to be or shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent shall be effective only in writing inthe specific instance and for the purpose for which it was given, and shall not constitute a manner consistent with the requirements for a waiver.continuing waiver or consent.

Waiver; Consents. AnyWaiver. The failure of any Party hereto at any time or times to require performance of any provision hereof shall in no manner affect the right of such Party at a partylater time to comply with any obligation, covenant, agreement or condition herein may be waived byenforce the party affected thereby only by a written instrument signed by the party granting such waiver.same. No waiver, or failure to insist upon strict compliance,waiver by any partyParty hereto of any conditioncondition, or anyof the breach of any obligation,provision, term, covenant, representation,representation or warranty or agreement contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be construeddeemed to be or construed as a further or continuing waiver of,of any condition or estoppel with respect to,of the breach of any other condition or any other breach of the same or any other obligation,provision, term, covenant, representation,representation or warranty or agreement. Wheneverof this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.Agreement.

Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition hereinThis Agreement may be waived byamended, modified, superseded or cancelled, and any of the party affected therebyterms or conditions hereof may be waived, only by a written instrument signedexecuted by each party hereto or, in the case of a waiver, by the party granting such waiver.waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver,waiver in any one or failure to insist upon strict compliance,more instances by any party of any conditioncondition, or anyof the breach of any obligation, term, covenant, representation, warranty or agreementterm contained in this Agreement, in any onewhether by conduct or more instances,otherwise, shall be deemed to be, or construed to beas, a further or continuing waiver of any such condition or breach, or a waiver of, or estoppel with respect to,of any other condition or of the breach of any other breachterms of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.Agreement.

Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby onlyNo waiver by a written instrument signed by the party granting such waiver. No waiver, or failure to insist upon strict compliance, by any partyParty of any condition or of any breach of any obligation, term, covenant, representation,representation or warranty or agreement contained in this Agreement,Agreement shall be effective unless in writing, and no waiver in any one or more instances,instances shall be construeddeemed to be a further or continuing waiver of,of any such condition or estoppel with respect to,breach in other instances or a waiver of any other condition or breach of any other breach of the same or any other obligation, term, covenant, representation, warrantyrepresentation or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.warranty.

Waiver;Waivers and Consents. Any failureThe terms and provisions of a party to comply with any obligation, covenant, agreement or condition hereinthis Agreement may be waivedwaived, or consent for the departure therefrom granted, only by written document executed by the party affected thereby only byentitled to the benefits of such terms or provisions. No such waiver or consent will be deemed to be or will constitute a written instrument signed by the party granting such waiver. No waiver,waiver or failureconsent with respect to insist upon strict compliance, by any partyother terms or provisions of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, whether or not similar. Each such waiver or consent will be effective only in any onethe specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.consent.

Waiver; Consents.. Any failure of a partyeither of the Parties to comply with any obligation, covenant, agreement or condition hereinprovision hereof may be waived by the party affected therebyParty entitled to the benefit thereof only by a written instrument signed by the partyParty granting such waiver. No waiver, but such waiver or failure to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances,compliance with such provision shall be construed to benot operate as a waiver of,of or estoppel with respect to,to any subsequent or other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.failure.

Waiver; Consents. Any failureWaiver. The terms or conditions of a party to comply with any obligation, covenant, agreement or condition hereinthis Letter Agreement may be waived by the party affected thereby only by a written instrument signedexecuted by the party granting such waiver.waiving compliance. The failure of any party hereto at any time or times to require performance of any provision hereof shall in no manner affect its rights at a later time to enforce the same. No waiver, or failure to insist upon strict compliance,waiver by any party hereto of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances,term shall be construed to bedeemed as a continuing waiver of, or estoppel with respect to, any otherof such condition or any other breachterm or of the sameanother condition or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.term.

Waiver; Consents. Any failureWaiver. No waiver of a party to comply with any obligation, covenant, agreementterm or condition herein mayof this Agreement shall be waived by the party affected thereby only byeffective unless set forth in a written instrument signedduly executed by or on behalf of the party granting such waiver.waiving Party. No waiver, or failure to insist upon strict compliance,waiver by any partyParty of any term or condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construeddeemed to be or construed as a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warrantyterm or agreement. Whenevercondition of this Agreement requireson any prior, concurrent or permits consentfuture occasion. Except as expressly set forth in this Agreement, all rights and remedies available to a Party, whether under this Agreement or afforded by Applicable Law or on behalf ofotherwise, will be cumulative and not in the alternative to any party hereto,other rights or remedies that may be available to such consent shall be given in writing in a manner consistent with the requirements for a waiver.Party.

Waiver; Consents. Any failureWaiver. No purported waiver by either party hereto of any provision of this Agreement or of any breach thereof shall be deemed a party to comply with any obligation, covenant, agreementwaiver of such provision or condition herein may be waived by the party affected thereby only by a written instrumentbreach unless such waiver is in writing signed by the party grantingmaking such waiver. No waiver, or failure to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances,such waiver shall be construeddeemed to be a subsequent waiver of,of such provision or estoppel with respect to,waiver of any other condition or any othersubsequent breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.provision hereof.

Waiver; Consents. Any failureNo waiver of a party to comply with any obligation, covenant, agreement or condition herein mayprovision hereof shall be waived by the party affected thereby only by a written instrumenteffective unless made in writing and signed by the waiving party. The failure of any party granting such waiver. No waiver,to require the performance of any term or failure to insist upon strict compliance,obligation of this Agreement, or the waiver by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, inshall not prevent any onesubsequent enforcement of such term or more instances, shallobligation or be construed to bedeemed a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.subsequent breach.

Waiver; Consents. Any failureWaiver. No provision of a party to comply with any obligation, covenant, agreement or condition herein maythis Agreement shall be waived by the party affected thereby onlyany act, omission or knowledge of a Party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a written instrument signedduly authorized representative of the waiving Party. The waiver by the party granting such waiver. No waiver, or failure to insist upon strict compliance, by any partyeither Party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances,provision by the other Party shall not be construed to be a waiver of, or estoppel with respect to,of any other condition or any othersucceeding breach of such provision or a waiver of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.provision itself.

Waiver; Consents. AnyThe failure of a party hereto at any time or times to comply withrequire performance of any obligation, covenant, agreement or condition herein may be waived byprovision hereof shall in no manner affect its right at a later time to enforce the party affected thereby onlysame. No waiver by a written instrument signed by the party granting such waiver. No waiver, or failure to insist upon strict compliance, by any party of any condition or of any breach of any obligation, term, covenant, representation,representation or warranty or agreement contained in this Agreement,Agreement shall be effective unless in any onewriting, and no waiver in anyone or more instances,instances shall be construeddeemed to be a further or continuing waiver of,of any such condition or estoppel with respect to,breach in other instances or a waiver of any other condition or breach of any other breach of the same or any other obligation, term, covenant, representation, warrantyrepresentation or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.warranty.

Waiver; Consents. Any failureWaiver. No breach of a party to comply with any obligation, covenant, agreement or conditionprovision herein contained, or of any obligation under this Agreement, may be waivedwaived, nor shall any extension of time for performance of any obligations or acts be deemed an extension of time for performance of any other obligations or acts contained herein, except by the party affected thereby only by a written instrument signed by the party granting such waiver.to be charged or as otherwise expressly authorized herein. No waiver, or failure to insist upon strict compliance, by any partywaiver of any condition or any breach of any obligation, term, covenant, representation, warrantyagreement or agreementprovision herein contained in this Agreement, in any one or more instances, shall be construed to bedeemed a waiver of,of any preceding or estoppel with respect to,succeeding breach thereof, or a waiver or relinquishment of any other conditionagreement or any other breach of the sameprovision or any other obligation, term, covenant, representation, warrantyright or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.power herein contained.

Waiver; Consents. AnyWaivers. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. The failure of aany party to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby only by a written instrument signed by the party granting such waiver. No waiver, or failure to insist upon strict compliance, byadherence to any partyterm of this Agreement on any conditionoccasion shall not operate or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to beas a waiver of, or estoppel with respect to, any other conditionof the right to insist upon strict adherence to that term or any other breachterm of the samethis Agreement on that or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.occasion.

Waiver; Consents.This Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby only by a written instrument signed by the party granting such waiver. No waiver, or failure to insist upon strict compliance,waiver by any party of any condition or anya breach of any obligation, term, covenant, representation, warrantyprovision of this Agreement shall not operate as or agreement contained in this Agreement, in any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition orof any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the sameright thereafter to insist upon strict adherence to that term or any other obligation, term, covenant, representation, warranty or agreement. Wheneverterm of this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.Agreement.

Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition hereinAmendments and Waivers. This Agreement may be waivedamended, modified, or superseded only by written instrument executed by all parties hereto. Any waiver of the party affected therebyterms, provisions, covenants, representations, warranties, or conditions hereof shall be made only by a written instrument signedexecuted and delivered by the party grantingwaiving compliance. Any waiver granted by a corporate party hereto shall be effective only if executed and delivered by the chief executive officer, president, or any vice president of such waiver.party. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waiver, or failure to insist upon strict compliance,waiver by any party of any conditioncondition, or anyof the breach of any obligation, term, provision, covenant, representation, warranty or agreementwarranty contained in this Agreement,Agreement in any one or more instances,instances shall be construeddeemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of, or estoppel with respect to,of any other condition or the breach of any other breach of the same or any other obligation, term, provision, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.warranty.

Waiver; Consents. Any failureThe terms and provisions of a party to comply with any obligation, covenant, agreement or condition hereinthis Agreement may be waivedwaived, or consent for the departure therefrom granted, only by written document executed by the party affected thereby only by a written instrument signed byentitled to the party grantingbenefits of such waiver.terms or provisions. No waiver,such waiver or failure to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, in any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be givendeemed to be or shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent shall be effective only in writing inthe specific instance and for the purpose for which it was given, and shall not constitute a manner consistent with the requirements for a waiver.continuing waiver or consent.

Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby only by aNo written instrument signed by the party granting such waiver. No waiver, or failure to insist upon strict compliance,waiver by any party ofat any condition ortime of any breach of any obligation, term, covenant, representation, warranty or agreement contained inprovision of this Agreement, in any one or more instances,Agreement shall be construed to bedeemed a waiver of, or estoppel with respect to,of any breach of any other conditionprovision herein or a consent to any othersubsequent breach of the same or any other obligation, term, covenant, representation, warrantyprovision. If any action by any party shall require the consent or agreement. Whenever this Agreement requiresapproval of another party, such consent or permitsapproval of such action on any occasion shall not be deemed a consent byto or approval of such action on behalfany subsequent occasion or a consent to or approval of any party hereto, such consent shall be given in writing in a manner consistent withother action on the requirements for a waiver.same or any subsequent occasion.

Waiver; Consents. Any failureWaiver. No waiver by any Party of a party to comply with any obligation, covenant, agreement or condition herein mayof the provisions hereof shall be waived by the party affected thereby only by a written instrumenteffective unless explicitly set forth in writing and signed by the party grantingParty so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No waiver, or failure to insist upon strict compliance, byexercise, or delay in exercising, any partyright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any conditionright, remedy, power or privilege hereunder preclude any breachother or further exercise thereof or the exercise of any obligation, term, covenant, representation, warrantyother right, remedy, power or agreement contained in this Agreement, in any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.privilege.

Waiver; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party affected thereby only by a written instrument signed by the party granting such waiver.Section # Waiver. No waiver, or failure to insist upon strict compliance,waiver by any party of any conditionof the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party will operate or any breachbe construed as a waiver in respect of any obligation, term, covenant, representation, warrantyfailure, breach, or agreement containeddefault not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement, in any oneAgreement will operate or more instances, shall be construed to beas a waiver of,thereof; nor will any single or estoppel with respect to,partial exercise of any right, remedy, power, or privilege hereunder preclude any other condition or further exercise thereof or the exercise of any other breach of the sameright, remedy, power, or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.privilege.

Waiver; Consents. AnySection # Waivers. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right at a partylater time to comply with any obligation, covenant, agreement or condition herein may be waived byenforce the party affected thereby only by a written instrument signed by the party granting such waiver.same. No waiver, or failure to insist upon strict compliance,waiver by any party of any conditioncondition, or anythe breach of any obligation, term, covenant, representation,representation or warranty or agreement contained in this Agreement, whether by conduct or otherwise, in any one or more instances,instances shall be construeddeemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of, or estoppel with respect to,of any other condition or any other breach of the same or any other obligation, term, covenant, representation,representation or warranty or agreement. Wheneverof this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver.Agreement.

Waiver; Consents. Any failureAmendment: Waiver. No provision of a party to comply with any obligation, covenant, agreement or condition hereinthis Agreement may be amended, waived byor otherwise modified without the party affected thereby only by aprior written instrument signed byconsent of all the party granting such waiver.parties hereto. No waiver, or failureaction taken pursuant to insist upon strict compliance, by any party of any condition or any breach of any obligation, term, covenant, representation, warranty or agreement contained in this Agreement, inincluding any one or more instances, shall be construed to be a waiver of, or estoppel with respect to, any other condition or any other breach of the same or any other obligation, term, covenant, representation, warranty or agreement. Whenever this Agreement requires or permits consentinvestigation by or on behalf of any party hereto, such consentparty, shall be givendeemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement herein contained. The waiver by any party hereto of a breach of any provision or condition contained in writing inthis Agreement shall not operate or be construed as a manner consistent with the requirements for a waiver.waiver of any subsequent breach or of any other conditions hereof.

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