Common use of Amendments; No Waivers Clause in Contracts

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any This Agreement or any term or provision hereof may not be amended, changed or modified except with the written consent of this Agreement may the parties hereto. No waiver of any right hereunder shall be amended or waived if, but only if, effective unless such amendment or waiver is signed in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; each party hereto, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by Buyer and the Company and Purchaser; Holder or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived prior to the Closing if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Acquiring Parties and Purchaser; or the Transferor Parties or, in the case of a waiver, by the party Party against whom the waiver is to be effective. (b) . No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; each party to this Agreement, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The Except as set forth in Section 6.06, the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (ai) Any Subject to applicable law, any provision of this Agreement may be amended or waived ifwaived, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (bii) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof thereof, or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions other than the Exchange contemplated hereby may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and PurchaserIASG; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; each party, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) . No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Parent and Purchaser; SpinCo and Acquiror, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each of the Company and Purchaser; parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) . No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Seller and Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; each party, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any This Agreement or any term or provision hereof may not be amended, changed or modified except with the written consent of this Agreement may the parties hereto. No waiver of any right hereunder shall be amended or waived if, but only if, effective unless such amendment or waiver is signed in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Intelligroup and Purchaser; SeraNova, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company VF and Purchaser; Kontoor Brands, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Sellers and the Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Xxxxxx Xxxxxxx and Purchaser; Discover, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by Anadarko and the Company and Purchaser; Partnership, or in the case of a waiver, by the party Party against whom the waiver is to be effective. (b) No failure or delay by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Stockholder and Purchaser; the Company, or in the case of a waiver, by the party against whom the waiver is to be effective. No amendment or waiver by the Company shall be effective unless approved by a majority of the Independent Directors. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or is in writing and signed by each of the parties hereto. Any provision of this Agreement may be waived by any of the parties hereto if the waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, signed by the party against whom the waiver is to be effectivebound. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; all Parties, or in the case of a waiver, by the party Party against whom the waiver is to be effective. (b) No failure or delay by any party Party hereto in exercising the exercise of any right, power or privilege right hereunder shall operate impair such right or be construed as a waiver thereof of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise thereof of any such right preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The All rights and remedies herein provided shall be existing under this Agreement are cumulative to, and not exclusive of of, any rights or remedies provided by lawotherwise available.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Seller and PurchaserPurchasers; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each Investor and the Company and Purchaser; Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Purchaser and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise existence of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) . No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by Stockholder and the Company and Purchaser; Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) . No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any No provision of this Agreement may be amended or waived if, but only if, unless such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; all parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise existence of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or Parent or, in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Xxxxxx Oil and Purchaser; Xxxxxx USA, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each Shareholder and the Company and Purchaser; Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company L Brands and Purchaser; VS, or in the case of a waiver, by the party Party against whom the waiver is to be effective. (b) No failure or delay by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Amendments; No Waivers. (ai) Any Subject to applicable law, any provision of this Agreement may be amended or waived ifwaived, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (bii) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Seller and the Purchaser; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any From and after the Distribution, any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Cadbury and Purchaser; DPSG, or in the case of a waiver, by the party Party against whom the waiver is to be effective. (ba) No failure or delay by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Escrow Agent and Purchaser; or all of the Escrow Parties or, in the case of a waiver, by the party Escrow Party against whom the waiver is to be effectiveenforced. (b) No failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Company, the Sellers and PurchaserPurchasers; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; each party, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Masco and Purchaser; TopBuild, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of Neither this Agreement nor any term or provision hereof may be amended amended, supplemented, altered, changed or waived if, but only if, modified except with the written consent of the parties hereto. No waiver of any right hereunder shall be effective unless such amendment or waiver is signed in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party hereto against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by any either party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of Neither this Agreement nor any term or provision hereof may be amended amended, changed or waived if, but only if, modified except with the written consent of all Parties. No waiver of any right hereunder shall be effective unless such amendment or waiver is signed in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party Party against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by any party either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver has been approved pursuant to Section 3 (or, during the Post-Ten Year Anniversary Period, pursuant to Section 16) and is in writing and is signed, in the case of an amendment, by the Company and Purchaser; parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Investor and the Company and Purchaser; or or, in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall will be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer and Purchaser; Seller or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company FRP and Purchaser; Patriot, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any Subject to applicable law, any provision of this Agreement may be amended or waived ifwaived, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or each party to this Agreement or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment is in writing and signed by Buyer and Seller. Any provision of this Agreement may be waived by Buyer or Seller if the waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, signed by the party against whom the waiver is to be effectivebound. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company SWBI and Purchaser; AOUT, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power power, or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. The rights and remedies herein provided shall shall, to the fullest extent permitted by Applicable Law, be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company ADS and Purchaser; Loyalty Ventures, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver has been approved pursuant to Section 2.02 and is in writing and is signed, in the case of an amendment, by the Company and Purchaser; parties hereto, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company CVS and Purchaser; Linens, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company and Purchaser; Stockholder, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall will be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The Except to the extent expressly provided otherwise in this Agreement, the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Delta Woodside, Delta Apparel and Purchaser; Duck Head, or in the case of a waiver, by the party or parties against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company FRP and Purchaser; Patriot, or in the case of a waiver, by the party Party against whom the waiver is to be effective. (b) No failure or delay by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Shareholder and Purchaser; the Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further future exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Global and Purchaser; Qwest, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by PerkinElmer and the Company and Purchaser; Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Delek Group and Purchaser; Delek US, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) . No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (ai) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company SWS and Purchaser; Westwood, or in the case of a waiver, by the party against whom the waiver is to be effective. (bii) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each of the Company and Purchaser; or parties hereto or, in the case of a waiver, by the each party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any Subject to Section 2.5, any provision of this Agreement may be amended or waived if, but only if, if such amendment or waiver is in writing and is signed, in the case of an amendment, by Members holding at least 90% of the Company and Purchaser; Percentage Interests held by all Members, or in the case of a waiver, by the party Member against whom the waiver is to be effective. (b) No failure or delay by any party Member in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any No provision of this Agreement may be amended or waived if, but only if, unless such amendment or waiver is in writing and is signed, in the case signed by each of an amendment, by the Company and PurchaserIstithmar; provided that no such amendment or in waiver shall be effective against the case Company without the prior approval of a waiver, by majority of the party against whom the waiver is to be effectiveCompany's Independent Directors. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer Parent and Purchaser; Seller Parent, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The Except as provided in Section 10.03(c), the rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawLaw.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Seller and Purchaser; Buyer or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer, Parent and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived prior to the Closing if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Acquiring Parties and Purchaser; or the Transferor Parties or, in the case of a waiver, by the party Party against whom the waiver is to be effective. (b) . No failure or delay by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Xxxxxx and Purchaser; Deltic, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Expiration Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by Artecon and the Company and Purchaser; Holder or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawapplicable law or in equity.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Stockholders, the Company, Parent and Purchaser; Merger Sub or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by Shareholder and the Company and Purchaser; Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) . No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyers and Purchaser; the Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.;

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer and Purchaser; the Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.;

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Spinco and Purchaser; Aetna, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of Neither this Agreement nor any term or provision hereof may be amended amended, supplemented, altered, changed or waived if, but only if, modified except with the written consent of Purchaser and Seller. No waiver of any right hereunder shall be effective unless such amendment or waiver is signed in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party hereto against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by any either party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement with respect to transactions contemplated hereby may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Sellers and PurchaserPurchasers; or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Company, Fidelity, Parent and Purchaser; Merger Subsidiary or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this ---------------------- Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by BCPM and the Company and Purchaser; Corporation, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be ---------------------- amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signedsigned by Buyer, in the case of an amendment, by the Company and Purchaser; Sellers. Any amendment, waiver or in the case action of Sellers hereunder may be taken by a waiver, by the party against whom the waiver is to be effectivemajority-in-interest of Sellers. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Company, the AC Technical Stockholders and Purchaser; AC Technical or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may may, subject to applicable law, be amended or waived prior to the Effective Time if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, signed by the Company Second GP, on behalf of the Second Partnership, and Purchaser; or in the case of a waiver, by the party against whom First GP, on behalf of the waiver is to be effectiveFirst Partnership. (b) No failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (aA) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Purchaser and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (bB) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise existence of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Company, Aperian and Purchaser; Merger Sub or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by Shareholder, the Company and Purchaser; the Trustee, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of Neither this Agreement nor any term or provision hereof may be amended amended, changed or waived if, but only if, modified except with the written consent of each of the parties hereto. No waiver of any right hereunder shall be effective unless such amendment or waiver is signed in writing and is signed, in the case of an amendment, by the Company and Purchaser; or in the case of a waiver, by the party against whom the such waiver is sought to be effectiveenforced. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision provisions of this Agreement may be amended or waived prior to the Closing Date if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Buyer, Parent and Purchaser; Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Masco and Purchaser; TopBuild, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawApplicable Law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived if, but and only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company Xxxxxx Oil and Purchaser; Xxxxxx USA, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.