Common use of Amendments; Waivers Clause in Contracts

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall will preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative of the CompanyChief Executive Officer. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer representative of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative the Chairman of the CompanyBoard. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyCompany (other than Executive). By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company (other than Executive) may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, approved by the Chief Executive Officer and signed by the Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer the Company may, with the approval of the CompanyChief Executive Officer, as applicable, may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer representative of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, approved by the Board and signed by the Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer the Company may, with the approval of the CompanyBoard, as applicable, may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This No provision in this Agreement may not be modified, amended, or terminated except by an instrument amended unless such amendment is agreed to in writing and signed by the Executive and a duly an authorized representative officer of the Company. By an instrument No waiver by either Party of any breach by the other Party of any condition or provision contained in this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing similarly executed, and signed by the Executive or a duly an authorized officer of the Company, as applicable, the case may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failurebe. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer representative of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative the Chairman of the CompanyBoard (or his delegate). By an instrument in writing similarly executed, the Executive or a duly authorized officer the Chairman of the Company, as applicable, Board (or his delegate) may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Parent or the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company or the Parent may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive the Executive, a member of the Partnership and a duly authorized representative disinterested director of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company and the Partnership may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive Employee and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive Employee or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative an independent director of the CompanyCompany or by an arbitrator or court seeking to render enforceable through “judicial” modification an otherwise unenforceable provision. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that so long as such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder under this Agreement shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, approved by the Board and signed by Executive the Employee and a duly authorized representative of the CompanyREIT. By an instrument in writing similarly executed, Executive the Employee or a duly authorized officer of the Company, as applicable, REIT may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other other, or further further, exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative the Chairman of the CompanyCompensation Committee. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; providedPROVIDED, howeverHOWEVER, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, approved by the Board of Directors and signed by the Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer the Company may, with the approval of the CompanyBoard of Directors, as applicable, may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Except as otherwise set forth in Section 4 hereof, this Agreement may not be modified, amended, amended or terminated except by an instrument instrument, in writing writing, signed by Executive the Employee and a duly authorized representative of by the Company's Chairman. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, either party may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise exercise, and no delay in exercising exercising, any right, remedy, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power provided herein for herein, or by law law, or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyEmployer. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Employer may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement Agreement, including Exhibit A attached hereto, may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive the Executive, a member of the Partnership and a duly authorized representative disinterested director of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company and the Partnership may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of Company who is not the CompanyExecutive. By an instrument in writing similarly executed, the Executive or a such duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity. Except as otherwise set forth in this Agreement, the respective rights and obligations of the parties under this Agreement shall survive any termination of the Executive’s employment.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or ------------------- terminated except by an instrument in writing writing, signed by Executive the Employee and by a duly authorized representative of the CompanyCompany other than Employee. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, either party may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive the Executive, a member of the Partnership and a duly authorized representative disinterested director of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company and the Partnership may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver ofof , or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Except as otherwise set forth herein, this Agreement may not be modified, amended, amended or terminated except by an instrument instrument, in writing writing, signed by Executive the Employee and a duly authorized representative by the Chairman of the Company's Board. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, either party may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise exercise, and no delay in exercising exercising, any right, remedy, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power provided herein for herein, or by law law, or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, approved by the Board and signed by Executive Employee and a duly authorized representative of the CompanyREIT. By an instrument in writing similarly executed, Executive the Employee or a duly authorized officer of the Company, as applicable, REIT may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer representative of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, provided that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of Company who is not the CompanyExecutive. By an instrument in writing similarly executed, the Executive or a such duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity. Except as otherwise set forth in this Agreement, the respective rights and obligations of the parties under this Agreement shall survive any termination of Executive’s employment.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative disinterested officer or director of the CompanyCompany (in its own capacity and as general partner of the Partnership). By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company and the Partnership may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyCompany (other than Executive). By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company (other than Executive) may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party Parties hereto with any specifically identified provision of this Agreement that each such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyCompany (other than Executive). By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company (other than Executive) may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, provided that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative disinterested director of the CompanyCompany or by an arbitrator or court seeking to render enforceable through "judicial" modification an otherwise unenforceable provision. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, approved by the Board and signed by Executive the Employee and a duly authorized representative of the CompanyEmployer. By an instrument in writing similarly executed, Executive the Employee or a duly authorized officer of the Company, as applicable, Employer may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall will preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive Service Provider and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive Service Provider or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive Employee and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive Employee or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative the Chairman of the CompanyBoard. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall will not operate as a waiver of, or estoppel with respect to, any other or subsequent failurefailure to comply with or perform. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of of’ the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of or this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel stopple with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of of’ any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyEmployer. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Employer may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, of or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall will preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.. |US-DOCS\118255601.2||

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive the Employee and a duly authorized representative disinterested officer or director of the Company. By an instrument in writing similarly executed, Executive the Employee or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyCompany (other than Executive). By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company (other than Executive) may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement Release may not be modified, amended, or terminated except by an instrument in writing signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement Release that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive Employee and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive Employee or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall will preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of approved by the CompanyBoard. By an instrument in writing similarly executed, Executive or a duly or, following approval by the Board, the individual authorized officer of by the CompanyBoard in such approval, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyCompany (other than Executive). By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company (other than Executive) may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.. (g)

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive Employee and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive Employee or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity. Except as otherwise set forth in this Agreement, the respective rights and obligations of the parties under this Agreement shall survive any termination of Employee’s employment.

Amendments; Waivers. This No provision in this Agreement may not be modified, amended, or terminated except by an instrument amended unless such amendment is agreed to in writing and signed by the Executive and a duly an authorized representative officer of the Company. By an instrument No waiver by either party of any breach by the other party of any condition or provision contained in this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time. Any waiver must be in writing similarly executed, and signed by the Executive or a duly an authorized officer of the Company, as applicable, the case may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failurebe. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, remedy or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.. 6 (h)

Amendments; Waivers. This Agreement may not be modified, amended, ------------------- or terminated except by an instrument in writing writing, signed by Executive the Employee and by a duly authorized representative of the CompanyCompany other than Employee. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, either party may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.. BN\1438783.3

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive Consultant and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive Consultant or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified,, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative the Chairman of the CompanyBoard (or his delegate). By an instrument in writing similarly executed, the Executive or a duly authorized officer the Chairman of the Company, as applicable, Board (or his delegate) may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive you and a duly authorized representative of the CompanyCompany and approved by the Board. By an instrument in writing similarly executedexecuted and approved, Executive you or a duly authorized officer representative of the Company, as applicable, Company may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, ,however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall will preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive you and a duly authorized representative of Company and approved by the CompanyBoard. By an instrument in writing similarly executedexecuted and approved, Executive you or a duly authorized officer representative of the Company, as applicable, Company may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, approved by the Board and signed by Executive the Employee and a duly authorized representative of the CompanyEmployer. By an instrument in writing similarly executed, Executive the Employee or a duly authorized officer of the Company, as applicable, Employer may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, remedy or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.power

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall will preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.. |US-DOCS\118256589.2||

Amendments; Waivers. This Agreement Release may not be modified, amended, or terminated except by an instrument in writing signed by Executive and a duly authorized representative of the Company. By an instrument in ||| writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement Release that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive the Executive, a member of the Partnership and a duly authorized representative disinterested director of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company and the Partnership may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver ofof , or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other rightright , remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative disinterested officer or Exhibit 10.71 director of the Company. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party or parties with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or performperform ; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of Parent or the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company or Parent may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative disinterested director of the CompanyCompany or by an arbitrator or court seeking to render enforceable through “judicial” modification an otherwise unenforceable provision. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver EXHIBIT 10.1 of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to |US-DOCS\124478299.1|| exercise and no delay in exercising any right, remedy, or power hereunder shall will preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing signed by Executive and a duly authorized representative of the Company. By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.. (f)

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by the Executive and a duly authorized representative disinterested director of the CompanyCompany or by an arbitrator or court seeking to render enforceable through “judicial” modification an otherwise unenforceable provision. By an instrument in writing similarly executed, the Executive or a duly authorized officer of the Company, as applicable, Company may waive compliance by the other Party party with any specifically identified provision of this Agreement that such other Party party was or is obligated to comply with or perform; , provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.

Amendments; Waivers. This Agreement may not be modified, amended, or terminated except by an instrument in writing writing, signed by Executive and a duly authorized representative officer of the CompanyCompany (other than Executive). By an instrument in writing similarly executed, Executive or a duly authorized officer of the Company, as applicable, Company (other than Executive) may waive compliance by the other Party with any specifically identified provision of this Agreement that such other Party was or is obligated to comply with or perform; provided, however, that such waiver shall not operate as a waiver of, or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall preclude any other or further exercise of any other right, remedy, or power provided herein or by law or in equity.. (g)