MODIFICATIONS, TERMINATION AND WAIVER. This Agreement cannot be altered, modified or amended (except as specifically set forth in this Agreement) unless in a writing duly executed by authorized officers of Contractor and Subcontractor. This Agreement shall have an initial term of three (3) years from the date first set forth above (the “Initial Term”) and shall automatically renew for additional one (1) year terms thereafter (each a “Renewal Term”) until terminated as provided herein. After the Initial Term, this Agreement shall terminate when more than two (2) years have elapsed from the last time Contractor issued a Final Payment under a Work Order executed by the parties. In the event of such expiration, the parties may reinstate this Agreement or execute a new Agreement upon mutual, written agreement of the parties. For the avoidance of doubt, in the event of such expiration of the Agreement, if the parties execute a new Work Order, such execution of that Work Order shall serve as the written agreement of the parties to reinstate the Agreement as governing that Work Order unless specifically stated otherwise in the Work Order. In addition to any rights as set forth under this Agreement, Contractor may terminate any Work Order, Project or this Agreement at any time for any reason or no reason upon ninety (90) days written notice to Subcontractor. If the event of such termination by Contractor, Contractor shall pay Subcontractor for any Work performed under a terminated Work Order up to and including the date of termination. Delay or omission by either party to exercise any right or power accruing upon any noncompliance or default by the other party with any of the covenants of this Agreement shall not be construed to be a waiver of successive or continuing breaches of any covenant. In Witness whereof, the parties have caused this Agreement to be duly executed in their respective names pursuant to due authorization as of the date first above written.
