Common use of Extension of Time; Waiver Clause in Contracts

Extension of Time; Waiver. At any time prior to the Effective Time, the parties may, to the extent permitted by applicable Legal Requirements: (a) extend the time for the performance of any of the obligations or other acts of the other party; (b) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement; or (c) waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving party. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. Except as provided in Article 10, the rights and remedies of the parties to this Agreement are cumulative and not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties may, to the extent permitted by applicable Legal Requirements: (a) extend the time for the performance of any of the obligations or other acts of the other party; (b) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement; or (c) waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving party. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. Except as provided in Article 10, the rights and remedies of the parties to this Agreement are cumulative and not alternative. To the maximum extent permitted by applicable Legal Requirements: (xi) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (yii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ziii) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties maymay (by action taken or authorized by their respective boards of directors, if required), to the extent permitted by applicable Legal Requirements: Law, whether before or after the Company Stockholder Approval has been obtained, (a) extend the time for the performance of any of the obligations or other acts of the other party; party or parties hereto, as applicable, (b) waive any inaccuracies in the representations and warranties contained of the other party or parties set forth in this Agreement or in any document delivered pursuant to this Agreement; hereto or (c) subject to applicable Law, waive compliance with or amend, modify or supplement any of the agreements agreements, covenants or conditions contained in this Agreement which are for the benefit of the waiving partyother party or parties contained herein; provided, however, that after the Company Stockholder Approval has been obtained, no waiver may be made that pursuant to applicable Law requires further approval or adoption by the stockholders of the Company without such further approval or adoption. Any such waiver or agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed executed and delivered by a duly authorized officer on behalf of such partyparty making or agreeing to make such waiver. Neither the No failure nor any or delay by of any party in exercising any right, power right or privilege under this Agreement or the documents referred to in this Agreement will remedy hereunder shall operate as a waiver of such rightthereof, power or privilege, and no nor shall any single or partial exercise of any such rightright or power, power or privilege will any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of such right, power or privilege thereof or the exercise of any other right, power right or privilegepower. Except as otherwise provided in Article 10herein, the rights and remedies of the parties to this Agreement hereunder are cumulative and are not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver exclusive of any obligation of such party rights or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreementremedies which they would otherwise have hereunder.

Extension of Time; Waiver. At any time prior to the Effective Offer Acceptance Time, (a) the parties Company may, by action taken or authorized by the Company Board, to the extent permitted by applicable Legal Requirements: Law, (ai) extend the time for the performance of any of the obligations or other acts of the other party; Parent or Purchaser, (bii) waive any inaccuracies in the representations and warranties contained of Parent or Purchaser set forth in this Agreement or in any document delivered pursuant to this Agreement; hereto or (ciii) subject to applicable Law, waive compliance with or amend, modify or supplement any of the covenants, agreements or conditions of Parent or Purchaser contained herein, and (b) Parent and Purchaser may, by action taken or authorized by their respective boards of directors, to the extent permitted by applicable Law, (i) extend the time for the performance of any of the obligations or acts of the Company, (ii) waive any inaccuracies in the representations and warranties of the Company set forth in this Agreement which are for the benefit or any document delivered pursuant hereto or (iii) subject to applicable Law, waive compliance with any of the waiving partycovenants, agreements or conditions of the Company contained herein; provided, however, that after the Offer Acceptance Time, no waiver may be made that pursuant to applicable Law requires further approval or adoption by the Company Stockholders without such further approval or adoption. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed executed and delivered by a duly authorized officer on behalf of such party. Neither the No failure nor any or delay by of any party in exercising any right, power right or privilege under this Agreement or the documents referred to in this Agreement will remedy hereunder shall operate as a waiver of such rightthereof, power or privilege, and no nor shall any single or partial exercise of any such rightright or power, power or privilege will any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of such right, power or privilege thereof or the exercise of any other right, power right or privilegepower. Except as provided in Article 10, the The rights and remedies of the parties to this Agreement hereunder are cumulative and are not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver exclusive of any obligation of such party rights or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreementremedies which they would otherwise have hereunder.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties may, to the extent permitted by applicable Legal Requirements: Law, (a) extend the time for the performance of any of the obligations or other acts of the other party; , (b) waive any inaccuracies in the representations and warranties contained of the other parties set forth in this Agreement or in any document delivered pursuant to this Agreement; hereto or (c) subject to applicable Law, waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving partyother parties contained herein; provided, however, that after the Company Stockholder Approval has been obtained, no waiver may be made that pursuant to applicable Law requires further approval or adoption by the stockholders of the Company without such further approval or adoption. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed executed and delivered by a duly authorized officer on behalf of such party. Neither the No failure nor any or delay by of any party in exercising any right, power right or privilege under this Agreement or the documents referred to in this Agreement will remedy hereunder shall operate as a waiver of such rightthereof, power or privilege, and no nor shall any single or partial exercise of any such rightright or power, power or privilege will any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of such right, power or privilege thereof or the exercise of any other rightright or power. Notwithstanding anything to the contrary contained herein, power or privilege. Except as provided in Article 10Section 7.4, this Section 7.5, Section 8.3 (solely with respect to the rights definitions of “Debt Financing, “Debt Financing Parties” and remedies of the parties to this Agreement are cumulative “Debt Financing Sources”), Section 8.6, Section 8.7, Section 8.8, Section 8.13 and not alternative. To the maximum extent permitted by applicable Legal Requirements: Section 8.16 (x) no claim or right arising out and any other provision of this Agreement or to the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be extent a waiver of any obligation of such party or provision would modify the substance of the right foregoing) may not be waived in a manner that is materially adverse to the Debt Financing Parties with respect to the Debt Financing without the prior written consent of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this AgreementDebt Financing Sources.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties maymay (by action taken or authorized by their respective boards of directors, if required), to the extent permitted by applicable Legal Requirements: Law, whether before or after the Company Stockholder Approval or Parent Stockholder Approval has been obtained, (a) extend the time for the performance of any of the obligations or other acts of the other party; party or parties hereto, as applicable, (b) waive any inaccuracies in the representations and warranties contained of the other party or parties set forth in this Agreement or in any document delivered pursuant to this Agreement; hereto or (c) subject to applicable Law, waive compliance with or amend, modify or supplement any of the agreements agreements, covenants or conditions contained in this Agreement which are for the benefit of the waiving partyother party or parties contained herein; provided, however, that after the Company Stockholder Approval or Parent Stockholder Approval has been obtained, no waiver may be made that pursuant to applicable Law requires further approval or adoption by the stockholders of the Company or Parent, as applicable, without such further approval or adoption; provided further, that with respect to any waiver of Section 7.3(c), Section 7.4, this Section 7.5 Section 8.6, Section 8.7, Section 8.8, Section 8.9 and Section 8.14 to the extent any waiver would modify the substance of any of such provisions that is adverse to any Debt Financing Source, the prior written consent of the adversely affected Debt Financing Source shall be required before any such waiver may become effective. Any such waiver or agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed executed and delivered by a duly authorized officer on behalf of such partyparty making or agreeing to make such waiver. Neither the No failure nor any or delay by of any party in exercising any right, power right or privilege under this Agreement or the documents referred to in this Agreement will remedy hereunder shall operate as a waiver of such rightthereof, power or privilege, and no nor shall any single or partial exercise of any such rightright or power, power or privilege will any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of such right, power or privilege thereof or the exercise of any other right, power right or privilegepower. Except as otherwise provided in Article 10herein, the rights and remedies of the parties to this Agreement hereunder are cumulative and are not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver exclusive of any obligation of such party rights or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreementremedies which they would otherwise have hereunder.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties may, to the extent permitted by applicable Legal Requirements: (a) extend the time for the performance of any of the obligations or other acts of the other party; (b) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement; or (c) waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving party. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. Except as provided in Article ARTICLE 10, the rights and remedies of the parties to this Agreement are cumulative and not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Extension of Time; Waiver. At any time prior to the Effective TimeShare Swap Record Date, the parties mayParties may (by action taken or authorized by their respective boards of directors, if required), to the extent permitted by applicable Legal Requirements: Law, (a) extend the time for the performance of any of the obligations or other acts of the other party; Company (in the case of an extension by the Parent or Buyer) or Parent or Buyer (in the case of an extension by the Company), as applicable, (b) waive any inaccuracies in the representations and warranties contained of the Company (in the case of a waiver by the Parent or Buyer) or Parent or Buyer (in the case of a waiver by the Company), set forth in this Agreement or in any document delivered pursuant to this Agreement; hereto or (c) subject to applicable Law, waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving partyCompany (in the case of a waiver by the Parent or Buyer) or Parent or Buyer (in the case of a waiver by the Company) contained herein; provided, however, that after the Company Shareholder Approval has been obtained, no waiver may become effective that pursuant to applicable Law requires further approval or adoption by the shareholders of the Company without such further approval or adoption. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed executed and delivered by a duly authorized officer on behalf of such partyParty or Parties, as applicable. Neither the No failure nor or delay of any delay by any party Party in exercising any right, power right or privilege under this Agreement or the documents referred to in this Agreement will remedy hereunder shall operate as a waiver of such rightthereof, power or privilege, and no nor shall any single or partial exercise of any such rightright or power, power or privilege will any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of such right, power or privilege thereof or the exercise of any other right, power right or privilegepower. Except as otherwise provided in Article 10herein, the rights and remedies of the parties to this Agreement Parties hereunder are cumulative and are not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver exclusive of any obligation of such party rights or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreementremedies which they would otherwise have hereunder.

Extension of Time; Waiver. At any time prior to the Effective TimeShare Swap Record Date, the parties mayParties may (by action taken or authorized by their respective boards of directors, if required), to the extent permitted by applicable Legal Requirements: Law, (ai) extend the time for the performance of any of the obligations or other acts of the other party; Company (bin the case of an extension by Buyer) or Buyer (in the case of an extension by the Company), as applicable, (ii) waive any inaccuracies in the representations and warranties contained of the Company (in the case of a waiver by Buyer) or Buyer (in the case of a waiver by the Company), set forth in this Agreement or in any document delivered pursuant to this Agreement; hereto or (ciii) subject to applicable Law, waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving partyCompany (in the case of a waiver by Buyer) or Buyer (in the case of a waiver by the Company) contained herein; provided, however, that after the Company Shareholder Approval has been obtained, no waiver may become effective that pursuant to applicable Law requires further approval or adoption by the Company Shareholders without such further approval or adoption. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if set forth in a written instrument signed executed and delivered by a duly authorized officer on behalf of such partyParty, as applicable. Neither the No failure nor or delay of any delay by any party Party in exercising any right, power right or privilege under this Agreement or the documents referred to in this Agreement will remedy hereunder shall operate as a waiver of such rightthereof, power or privilege, and no nor shall any single or partial exercise of any such rightright or power, power or privilege will any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of such right, power or privilege thereof or the exercise of any other right, power right or privilege. Except as provided in Article 10, the rights and remedies of the parties to this Agreement are cumulative and not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreementpower.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties Company or Intermediate Parent (on behalf of itself and the other Affinion Parties) may, by action taken or authorized by either or both of their respective boards of directors, as applicable, to the extent permitted by applicable Legal Requirements: Law, (a) extend the time for the performance of any of the obligations or other acts of, in the case of the other party; Company, the Affinion Parties, and in the case of Intermediate Parent, the Company, (b) waive any inaccuracies in the representations and warranties contained set forth in (i) this Agreement agreement, of, in the case of the Company, the Affinion Parties, and in the case of Intermediate Parent, the Company, or in (ii) any document delivered pursuant to this Agreement; hereto, of, in the case of the Company, any member of Intermediate Parent’s Group, and in the case of Intermediate Parent, any member of the Company’s Group or (c) subject to applicable Law, waive compliance with or amend, modify or supplement any of the agreements or conditions contained of, in this Agreement which are for the benefit case of the waiving partyCompany, the Affinion Parties, and in the case of Intermediate Parent, the Company contained herein; provided, however, that after the Company’s Stockholder Approval has been obtained, no waiver may be made that pursuant to applicable Law requires further approval or adoption by the stockholders of the Company without such further approval or adoption. Any agreement on the part of a party Party to any such extension or waiver shall be valid only if unenforceable against such Party unless set forth in a written instrument signed executed and delivered by a duly authorized officer on behalf of such partyParty. Neither the No failure nor or delay of any delay by any party Party in exercising any right, power right or privilege under this Agreement or the documents referred to in this Agreement will remedy hereunder shall operate as a waiver of such rightthereof, power or privilege, and no nor shall any single or partial exercise of any such rightright or power, power or privilege will any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise of such right, power or privilege thereof or the exercise of any other right, power right or privilegepower. Except as provided in Article 10, the The rights and remedies of the parties to this Agreement Parties hereunder are cumulative and are not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver exclusive of any obligation of such party rights or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreementremedies which they would otherwise have hereunder.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties may, to the extent permitted by applicable Legal Requirements: (a) extend the time for the performance of any of the obligations or other acts of the other party; (b) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement; or (c) waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving party. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. Except as provided in Article ‎Article 10, the rights and remedies of the parties to this Agreement are cumulative and not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties may, to the extent permitted by applicable Legal Requirements: (a) extend the time for the performance of any of the obligations or other acts of the other party; (b) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement; or (c) waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving party. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. Except as provided in Article 10, the rights and remedies of the parties to this Agreement are cumulative and not alternative. To the maximum extent permitted by applicable Legal Requirements: (x) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (y) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (z) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

Extension of Time; Waiver. At any time prior to the Effective Time, the parties may, to the extent permitted by applicable Legal Requirements: (ai) extend the time for the performance of any of the obligations or other acts of the other party; (bii) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement; or (ciii) waive compliance with or amend, modify or supplement any of the agreements or conditions contained in this Agreement which are for the benefit of the waiving party. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in a written instrument signed on behalf of such party. Neither the failure nor any delay by any party in exercising any right, power or privilege under this Agreement or the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. Except as provided in Article ARTICLE 10, the rights and remedies of the parties to this Agreement are cumulative and not alternative. To the maximum extent permitted by applicable Legal Requirements: (xi) no claim or right arising out of this Agreement or the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (yii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (ziii) no notice to or demand on one party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.