Failure by either Party to enforce at any time any provision of this Agreement, or to exercise any election of options provided herein shall not constitute a waiver of such provision or option, nor affect the validity of this Agreement or any part hereof, or the right of the waiving Party to thereafter enforce each and every such provision or option.

Failure byThe failure of either Party to enforce at any time any provisionof the provisions of this Agreement, or to exercise any election of options provided hereinAgreement shall not constitutein no way be construed as a waiver of such provisionprovision(s) or option, norin any way affect the validity of this Agreement or any part hereof, or a Party’s rights and obligations hereunder, or the right of the waivingany Party to thereafter enforce each and every such provision or option.hereof.

Failure by either Partythe Employer or Executive to enforce at any time any provision of this Agreement or any right with respect to this Agreement, or the failure to exercise any election of optionsoption provided hereinhereunder, shall not constitutein no way be considered to be a waiver of such provisionprovision, right or option, noror to in any way affect the validity of this Agreement or any part hereof, or the right of the waiving Party to thereafter enforce each and every such provision or option.Agreement.

Failure byThe failure or delay of either Partyparty to enforce at any time any provision of this Agreement, or to exercise any election of options provided hereinAgreement shall not constitute a waiver of such provision or option, nor affect the validity of this Agreement or any part hereof, or theparty's right of the waiving Partythereafter to thereafter enforce each and every such provision or option.of this Agreement.

FailureA failure by either Partyparty to enforce any right under this Agreement shall not at any time any provision of this Agreement, or to exercise any election of options provided herein shall not constitute a waiver of such provision or option, nor affect the validity of this Agreementright or any part hereof,other right, and shall not modify the rights or the rightobligations of the waiving Party to thereafter enforce each and every such provision or option.either party under this Agreement.

Failure by eitherNo Waiver. Any failure of a Party to enforce any of the provisions of this Agreement or to require compliance with any of its terms at any time any provisionduring the pendency of this Agreement, or to exercise any election of options provided hereinAgreement shall not constitute a waiver of such provision or option, norin no way affect the validity of this AgreementAgreement, or any part hereof, orand shall not be deemed a waiver of the right of the waivingsuch Party thereafter to thereafter enforce any and each and every such provision or option.provision.

Failure by either PartyThe failure of a party to enforce at any timerequire performance of any provision of this Agreement,Agreement shall in no way affect that party's right thereafter to enforce such a provision nor shall the waiver by a party of any breach of any provision of this Agreement be taken or held to exercise any election of options provided herein shall not constitutebe a waiver of suchany further breach of the same provision or option, nor affect the validity of this Agreement or any part hereof, or the right of the waiving Party to thereafter enforce each and every such provision or option.other provision.

Failure byThe failure of either Partyparty to enforce any condition or part of this Agreement at any time any provision of this Agreement, or to exercise any election of options provided herein shall not constitutebe construed as a waiver of such provisionthat condition or option,part, nor affect the validity of this Agreement orshall it forfeit any part hereof, or the right of the waiving Partyrights to thereafter enforce each and every such provision or option.future enforcement thereof.

Failure by either PartyNon-Waiver of Rights. The failure to enforce at any time any provisionthe provisions of this Agreement,Agreement or to exerciserequire at any electiontime performance by the other party hereto of options provided hereinany of the provisions hereof shall not constitutein no way be construed to be a waiver of such provisionprovisions or option, norto affect either the validity of this Agreement or any part hereof, or the right of the waiving Partyeither party hereto to thereafter enforce each and every provision in accordance with its terms. No waiver by either party hereto of any breach by the other party hereto of any provision of this Agreement to be performed by such provisionother party shall be deemed a waiver of similar or option.dissimilar provisions at that time or at any prior or subsequent time.

Failure byWaiver. The failure of either Partyparty hereto at any time to enforce at any timeperformance by the other party of any provision of this Agreement, orAgreement shall in no way affect such party’s rights thereafter to exerciseenforce the same, nor shall the waiver by either party of any electionbreach of options provided herein shall not constituteany provision hereof be deemed to be a waiver by such party of such provision or option, nor affectany other breach of the validity of this Agreementsame or any part hereof, or the right of the waiving Party to thereafter enforce each and every suchother provision or option.hereof.