Common use of Construction and No Waiver Clause in Contracts

Construction and No Waiver. Notwithstanding any provision of this Agreement, the issuance of and the release of restrictions on the Shares are subject to the provisions of the Plan. The failure of Company in any instance to exercise any of its rights granted under this Agreement shall not constitute a waiver of any other rights that may arise under this Agreement.

Construction and No Waiver. Notwithstanding any provision of this Agreement, the issuance granting of the Option, the restrictions thereon, and the release of restrictions on the Shares exercise thereof are subject to the provisions of the PlanPlan and the Rules. The failure of Company in any instance to exercise any of its rights granted under this Agreement Agreement, the Plan or the Rules shall not constitute a waiver of any other rights that may arise under this Agreementthereunder.