Common use of Entire Agreement; Modification; Waiver Clause in Contracts

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior contemporaneous agreements, representations and under standings of the Parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement agreement constitutes the entire agreement between among the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties with respect to such subject matter. No supplement, modification modification, or amendment to of this Agreement agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it herein and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties hereto. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Parties. The Recitals are incorporated as part of the Agreement. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in said agreement and it and supersedes all prior and contemporaneous agreements, representations representations, and under standings undertakings of the Partiesparties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes consti- tutes the entire agreement between the Parties parties pertaining to the conditional and final converting of any Shares, and along with the Plan and the Trust, the entire agreement between the parties pertaining to any other subject matter contained in it and herein. This Agreement supersedes all prior and contemporaneous agreementsagreement, representations and under standings understandings of the Parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between among the Parties parties pertaining to the subject matter contained in it herein and supersedes all prior and contemporaneous agreements, representations and under standings undertakings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party any party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes and the Schedules furnished under this Agreement constitute the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparty to be charged. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This The Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties. No supplement, modification or amendment to this of the Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this the Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between among the Parties parties pertaining to the subject matter contained in it and supersedes supercedes all prior and contemporaneous agreements, representations representations, warranties and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all of the Partiesparties affected by such supplement, modification or amendment. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the --------------------------------------- entire agreement between the Parties pertaining parties with respect to the subject matter contained in it herein and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiverparty to be charged.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties Lessee and Lessor pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and under standings of the Partiesunderstandings. No supplement, modification or amendment of or to this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement (including the Exhibits hereto, which are incorporated by reference) constitutes the entire agreement between the Parties pertaining as to the subject matter contained in it Proposed Treatment and supersedes all prior and contemporaneous agreements, representations representations, warranties, and under standings understandings of the Parties, whether oral, written or implied, as to the Proposed Treatment. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the PartiesParties affected thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it herein and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Parties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement Agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties hereto. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement agreement (along with the Disclosure Schedules, exhibits and other documents delivered pursuant to this Agreement) constitutes the entire agreement between among the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties with respect to such subject matter. No supplement, modification modification, or amendment to of this Agreement agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement Agreement, including any exhibits and attachments, constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Parties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties, whether written or oral. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No Not waiver shall be binding unless executed in writing by the Party party making the waiver.. Exhibit 10.8

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties Grantor and Grantee pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings of the Partiesunderstandings. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This The Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Parties. No supplement, modification or amendment to this of the Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this the Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understanding of the Partiesparties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. (a) This Agreement constitutes and the schedules and exhibits attached to this Agreement set forth the entire agreement between of the Parties parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it and supersedes all prior contemporaneous agreements, representations and under standings of the Partiesshall be effective for any purpose. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by all of the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute a constitute, any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, warranties and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement and any other agreement or document expressly referred to herein constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior contemporaneous agreements, representations and under standings of the Partiesherein. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and it, except for any other agreements referenced herein. This Agreement supersedes all prior and contemporaneous agreementsagreements (other than those entered into in writing simultaneously with or pursuant to this Agreement), representations representations, and under standings understandings of the Parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiverwaiver and then only to the extent expressly specified therein.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties pertaining parties with respect to the subject matter contained in it hereof and supersedes all prior and contemporaneous agreements, representations agreements and under standings of the Partiesunderstandings between them. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver. Appendix A, “Complimentary & Alternative Health Care Client Bill of Rights” is made part of this Agreement and is attached.

Entire Agreement; Modification; Waiver. This Agreement constitutes sets forth the entire agreement between of the Parties parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it and supersedes all prior contemporaneous agreements, representations and under standings of the Partiesshall be effective for any purpose. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by all of the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute a constitute, any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes Agreement, together with the other agreements referred to herein constitute the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior contemporaneous agreements, representations representations, and under standings undertakings of the Partiesparties hereto. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party any party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Parties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes Agreement, together with the OTA, constitute the entire agreement between the Parties parties pertaining to the subject matter contained in it herein and supersedes supersede all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes Agreement, its Schedules and Exhibits constitute the entire agreement between among the Parties pertaining to the subject matter contained in it herein, and supersedes supersede all prior and contemporaneous agreements, representations and under standings undertakings of the Parties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement Agreement between the Parties parties pertaining to the subject matter contained in it herein and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any and other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes Agreement, together with the other agreements referred to herein, including the Asset Purchase Agreement, constitute the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior contemporaneous agreements, representations representations, and under standings undertakings of the Partiesparties hereto. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party any party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it herein and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by all the Partiesparties charged. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes Agreement, together with the other agreements referred to herein, constitute the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior contemporaneous agreements, representations representations, and under standings undertakings of the Partiesparties hereto. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party any party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior contemporaneous agreements, representations and under standings of understandings between the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesboth parties. No waiver of any of the provisions of this Agreement shall be deemed to, or shall constitute a waiver of of, any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and under standings understandings of the Partiesparties. No supplement, modification modification, or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties parties pertaining to the subject matter contained in it and supersedes all prior contemporaneous agreements, representations representations, and under standings understandings of the Partiesparties. No supplement, modification or amendment to of this Agreement shall be binding unless executed in writing by all the Partiesparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party party making the waiver.