Common use of APPROVALS AND WAIVERS Clause in Contracts

APPROVALS AND WAIVERS. 19.01. Whenever this Agreement requires the prior approval of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, and such approval or consent shall be in writing. 19.02. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subject, by providing any waiver, approval, advice, consent, or suggestions to Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 19.03. No failure of Franchisor to exercise any power reserved to it in this Agreement, or to insist upon compliance by Franchisee with any obligation or condition in this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with the terms of this Agreement. Waiver by Franchisor of any particular default shall not affect or impair Franchisor's right in respect to any subsequent default of the same or of a different nature, nor shall any delay, forbearance, or omission of Franchisor to exercise any power or rights arising out of any breach or default by Franchisee of any of the terms, provisions, or covenants of this Agreement, affect or impair Franchisor's rights, nor shall such constitute a waiver by Franchisor of any rights, hereunder or right to declare any subsequent breach or default. Subsequent acceptance by Franchisor of any payments due to it shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants, or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Agreement requires the prior approval or consent of FranchisorLicensor, Franchisee Licensee shall make a timely written request to Franchisor thereforLicensor therefor at least five business days prior to the date by which Licensee needs Licensor's consent, and such approval or consent shall be obtained in writing. 19.02. Franchisor makes B. Licensor and Cellemetry make no warranties or guarantees upon which Franchisee Licensee may rely, and assumes assume no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectLicensee, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee Licensee in connection with this Agreement, or by reason of any neglect, delaydelay or, or denial of any request therefor. 19.03. C. No failure of Franchisor Licensor to exercise any power reserved to it in this Agreement, or to insist upon compliance by Franchisee Licensee with any obligation or condition in this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of FranchisorLicensor's right rights to demand exact compliance with any of the terms of this Agreement. Waiver by Franchisor Licensor of any particular default shall not affect or impair FranchisorLicensor's right in with respect to any subsequent default of the same or of a different nature, ; nor shall any delay, forbearance, forbearance or omission of Franchisor by Licensor to exercise any power or rights right arising out of any breach or default by Franchisee Licensee of any of the terms, provisions, or covenants of this Agreement, Agreement affect or impair FranchisorLicensor's rights, ; nor shall such constitute a waiver by Franchisor Licensor of any rights, rights hereunder or right rights to declare any subsequent breach or default. . D. Subsequent acceptance by Franchisor Licensor of any payments due to it shall not be deemed to be a waiver by Franchisor Licensor of any preceding breach by Franchisee Licensee of any terms, covenants, or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. 18.1 Whenever this Agreement requires the prior approval or consent of the Franchisor, Franchisee shall make a timely written request to the Franchisor therefor, and such approval or consent shall be obtained in writing. 19.02. 18.2 The Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subject, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 19.03. 18.3 No failure of the Franchisor to exercise any power reserved to it in by this Agreement, Agreement or to insist upon strict compliance by Franchisee with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the Franchisor's right to demand exact compliance with any of the terms of this Agreementand covenants contained herein. Waiver by the Franchisor of any particular default by Franchisee shall not affect or impair the Franchisor's right in rights with respect to any subsequent default of the same same, similar, or of a different nature, ; nor shall any delay, forbearance, or omission of the Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee of any of the terms, provisions, provisions or covenants of this Agreement, hereof affect or impair the Franchisor's rights, right to exercise the same; nor shall such constitute a waiver by the Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this franchise prior to the expiration of its term. Subsequent acceptance by the Franchisor of for any payments due to it hereunder shall not be deemed to be a waiver by the Franchisor of any preceding breach by Franchisee of any terms, covenants, or conditions of this Agreement. 18.4 The Franchisor shall not, by virtue of any approvals, advice, or services provided to Franchisee, assume responsibility or liability to Franchisee or to any third parties to which the Franchisor would not otherwise be subject.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, and such approval or consent shall be obtained in writing. 19.02. B. Franchisor makes no warranties or guarantees upon which Franchisee Franchisee, the Operating Principal, the Operating Designee, or Franchisee's Principals may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectsuch persons, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee Franchisee, the Operating Principal, the Operating Designee, or Franchisee's Principals in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 19.03. C. No failure delay, waiver, omission, or forbearance on the part of Franchisor to exercise any power reserved to it in this Agreementright, option, duty, or to insist upon compliance by Franchisee with any obligation or condition in this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with the terms of this Agreement. Waiver by Franchisor of any particular default shall not affect or impair Franchisor's right in respect to any subsequent default of the same or of a different nature, nor shall any delay, forbearance, or omission of Franchisor to exercise any power or rights arising out of any breach or default by Franchisee of Franchisee, the Operating Principal, the Operating Designee, or Franchisee's Principals under any of the terms, provisions, covenants, or covenants of this Agreementconditions hereof, affect or impair Franchisor's rights, nor shall such constitute a waiver by Franchisor of to enforce any rightssuch right, hereunder option, duty, or right power as against Franchisee, the Operating Principal, the Operating Designee, or Franchisee's Principals, or as to declare any subsequent breach or default. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee Franchisee, the Operating Principal, the Operating Designee, or Franchisee's Principals of any terms, provisions, covenants, or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Development Agreement requires the prior approval or consent of Franchisor, Franchisee Area Developer shall make a timely written request to Franchisor therefor; and, and such except as otherwise provided herein, any approval or consent granted shall be in writing. 19.02. B. Franchisor makes no warranties or guarantees upon which Franchisee Area Developer may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectArea Developer, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee Area Developer in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 19.03. C. No failure of Franchisor to exercise any power reserved to it in by this Agreement, or to insist upon strict compliance by Franchisee Area Developer with any obligation or condition in hereunder, or by any other area developer under any agreement similar to this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's ’s right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default by Area Developer shall not affect or impair Franchisor's right in ’s rights with respect to any subsequent default of the same same, similar or of a different nature, nor shall any delay, forbearance, forbearance or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee Area Developer of any of the terms, provisions, provisions or covenants of this Agreementhereof, affect or impair Franchisor's rights’s right to exercise the same, nor shall such constitute a waiver by Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this Agreement prior to the expiration of its term. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee Area Developer of any terms, covenants, covenants or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Development Agreement requires the prior approval or consent of Franchisor, Franchisee Area Developer shall make a timely written request to Franchisor therefor; and, and such except as otherwise provided herein, any approval or consent granted shall be in writing. 19.02. B. Franchisor makes no warranties or guarantees upon which Franchisee Area Developer may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectArea Developer, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee Area Developer in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 19.03. C. No failure of Franchisor to exercise any power reserved to it in by this Agreement, or to insist upon strict compliance by Franchisee Area Developer with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default by Area Developer shall not affect or impair Franchisor's right in rights with respect to any subsequent default of the same same, similar or of a different nature, nor shall any delay, forbearance, forbearance or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee Area Developer of any of the terms, provisions, provisions or covenants of this Agreementhereof, affect or impair Franchisor's rightsright to exercise the same, nor shall such constitute a waiver by Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this Agreement prior to the expiration of its term. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be 50 14 EXHIBIT 10(a) deemed to be a waiver by Franchisor of any preceding breach by Franchisee Area Developer of any terms, covenants, covenants or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, ; and such approval or consent shall be obtained in writing. 19.02. B. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectFranchisee, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request thereforthereof. 19.03. C. No failure of Franchisor to exercise any power reserved to it in by this Agreement, or to insist upon strict compliance by Franchisee with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default by Franchisee shall not affect or impair Franchisor's right in rights with respect to any subsequent default of the same same, similar or of a different nature, nor shall any delay, forbearance, forbearance or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee of any of the terms, provisions, provisions or covenants of this Agreementhereof, affect or impair Franchisor's rightsright to exercise the same, nor shall such constitute a waiver by Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this franchise prior to the expiration of its term. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants, covenants or conditions of this Agreement.. 94 58 EXHIBIT 10(a)

APPROVALS AND WAIVERS. 19.01. Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefortherefore, and such approval or consent shall be obtained in writing. 19.02. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectFranchisee, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee or in connection with this Agreementany consent, or by reason of any neglect, delay, or denial of any request therefor. 19.03therefore. No failure of Franchisor to exercise any power reserved to it in by this Agreement, Agreement or to insist upon strict compliance by Franchisee with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default or breach by Franchisee shall not affect or impair Franchisor's right in rights with respect to any subsequent default or breach of the same same, similar or of a different nature, nor shall any delay, forbearance, or omission of omission, breach or default by Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee of any of the terms, provisions, or covenants of this Agreementhereof, affect or impair Franchisor's rightsright to exercise the same, nor shall such constitute a waiver by Franchisor of any rights, hereunder or right to declare any subsequent breach or default. Subsequent acceptance by Franchisor of any payments due to it shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants, covenants or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Development Agreement requires the prior approval or consent of Franchisor, Franchisee Area Developer shall make a timely written request to Franchisor therefor; and, and such except as otherwise provided herein, any approval or consent granted shall be in writing. 19.02. B. Franchisor makes no warranties or guarantees upon which Franchisee Area Developer may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectArea Developer, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee Area Developer in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 19.03. C. No failure of Franchisor to exercise any power reserved to it in by this Agreement, or to insist upon strict compliance by Franchisee Area Developer with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default by Area Developer shall not affect or impair Franchisor's right in rights with respect to any subsequent default of the same same, similar or of a different nature, nor shall any delay, forbearance, forbearance or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee Area Developer of any of the terms, provisions, provisions or covenants of this Agreementhereof, affect or impair Franchisor's rightsright to exercise the same, nor shall such constitute a waiver by Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this Agreement prior to the expiration of its term. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee Area Developer of any terms, covenants, covenants or conditions of this Agreement.. EXHIBIT 10(a)

APPROVALS AND WAIVERS. 19.01. (a) Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, and such approval or consent shall be obtained in writing. 19.02. (b) Franchisor makes no warranties or guarantees guaranties upon which Franchisee may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectFranchisee, by providing any waiver, approval, advice, consent, consent or suggestions suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, delay or denial of any request therefor. 19.03. (c) No failure of Franchisor to exercise execute any power reserved to it in by this Agreement, or to insist upon strict compliance by Franchisee with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default by Franchisee shall not affect or impair Franchisor's right in rights with respect to any subsequent default of the same same, similar or of a different nature, ; nor shall any delay, forbearance, forbearance or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee of any of the terms, provisions, provisions or covenants of this Agreementhereof, affect or impair Franchisor's rights, right to exercise the same; nor shall such constitute a waiver by Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this Franchise prior to the expiration of its term. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants, covenants or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, ; and such approval or consent shall be obtained in writing. 19.02. B. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectFranchisee, by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, or denial of any request thereforthereof. 19.03. C. No failure of Franchisor to exercise any power reserved to it in by this Agreement, or to insist upon strict compliance by Franchisee with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default by Franchisee shall not affect or impair Franchisor's right in rights with respect to any subsequent default of the same same, similar or of a different nature, nor shall any delay, forbearance, forbearance or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee of any of the terms, provisions, provisions or covenants of this Agreementhereof, affect or impair Franchisor's rightsright to exercise the same, nor shall such constitute a waiver by Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this franchise prior to the expiration of its term. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants, covenants or conditions of this Agreement.

APPROVALS AND WAIVERS. 19.01. 13.1 Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee Developer shall make a timely written request to Franchisor therefor, and and, except as may be otherwise expressly provided herein, such approval or consent shall must be obtained in writingwriting and signed by an officer of Franchisor. 19.02. 13.2 Franchisor makes no warranties or guarantees upon which Franchisee Developer may rely, rely and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subject, Developer by providing any waiver, approval, advice, consent, or suggestions suggestion to Franchisee Developer in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. 19.03. 13.3 No failure of Franchisor to exercise any power right reserved to it in this Agreement, Agreement or to insist upon strict compliance by Franchisee Developer with any obligation or condition in this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's right to exercise such right or to demand exact compliance with any of the terms of this Agreement. Waiver by Franchisor of any particular default by Developer shall not affect or impair Franchisor's right in rights with respect to any subsequent default of the same same, similar, or of a different nature, ; nor shall any delay, forbearance, or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee Developer of any of the terms, provisions, or covenants of this Agreement, Agreement affect or impair Franchisor's rights, right to exercise the same; nor shall such constitute a waiver by Franchisor of any rights, rights hereunder or right rights to declare any subsequent breach or default. Subsequent acceptance by Franchisor default and to terminate this Agreement prior to the expiration of any payments due to it shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants, or conditions of this Agreementits term.

APPROVALS AND WAIVERS. 19.01. A. Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefor, and such approval or consent shall be obtained in writing. Franchisor will also consider, in its sole discretion, other reasonable requests individually submitted in writing by Franchisee for Franchisor’s consent to a waiver of any obligation imposed by this Agreement. 19.02. B. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee or any third party to which Franchisor would not otherwise be subjectFranchisee, by providing any waiver, approval, advice, consent, consent or suggestions suggestion to Franchisee in connection with this Agreement, or by reason of any neglect, delay, delay or denial of any request therefor. 19.03. C. No failure of Franchisor to exercise execute any power reserved to it in by this Agreement, or to insist upon strict compliance by Franchisee with any obligation or condition in this Agreementhereunder, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of Franchisor's ’s right to demand exact compliance with any of the terms of this Agreementherein. Waiver by Franchisor of any particular default by Franchisee shall not affect or impair Franchisor's right in ’s rights with respect to any subsequent default of the same same, similar or of a different nature, nor shall any delay, forbearance, forbearance or omission of Franchisor to exercise any power or rights right arising out of any breach or default by Franchisee of any of the terms, provisions, provisions or covenants of this Agreementhereof, affect or impair Franchisor's rights’s right to exercise the same, nor shall such constitute a waiver by Franchisor of any rightsright hereunder, hereunder or the right to declare any subsequent breach or defaultdefault and to terminate this license prior to the expiration of its term. Subsequent acceptance by Franchisor of any payments due to it hereunder shall not be deemed to be a waiver by Franchisor of any preceding breach by Franchisee of any terms, covenants, covenants or conditions of this Agreement.