Common use of No Waiver Clause in Contracts

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by any party either Party of a breach of any provision of this Agreement shall not operate as or be construed deemed to be a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term of this Agreementprovision.

No Waiver. Any The waiver by any party of a breach of any provision of this Agreement by any party shall not operate as be deemed or be construed held to be a continuing waiver of such breach or a waiver of any other breach of such provision or of any subsequent breach of any other provision of this Agreement. The failure Agreement or as nullifying the effectiveness of a party such provision, unless agreed to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of in writing by the right thereafter to insist upon strict adherence to that term or any other term of this Agreementparties.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any either party of a breach of any provision term of this Agreement shall not operate as or be construed to be as a waiver of any other a subsequent breach of such the same provision by either party or of any the breach of any other term or provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any party of a the breach of any provision of the terms and conditions of, or any right under, this Agreement shall not operate as or be construed deemed to be a constitute the waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term or condition or of this Agreementany similar right. No such waiver shall be binding or effective unless expressed in writing and signed by the party giving such waiver.

No Waiver. Any A waiver by any party either Party of a breach or violation of any provision of this Agreement shall will not operate as constitute or be construed to be as a waiver of any other subsequent breach or violation of such that provision or as a waiver of any breach or violation of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver of, or deprive that party Party of the right thereafter to insist upon strict adherence to to, that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver Failure by any either party of a breach of hereto to insist upon strict compliance with any provision of this Agreement or to assert any right such party may have hereunder shall not operate as or be construed deemed to be a waiver of any other breach of such provision or of any breach of right or any other provision or right of this Agreement. The failure A waiver of a party to insist upon strict adherence to the breach of any term or condition of this Agreement on one or more occasions shall not be considered deemed to constitute a waiver or deprive that party of any subsequent breach of the right thereafter to insist upon strict adherence to that term same or any other term of this Agreementor condition.

No Waiver. Any The waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed as a continuing waiver or as a consent to be a or waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementhereof.

No Waiver. Any A waiver by any either party of a any breach of any provision of this Agreement by the other party shall not operate as or be construed to be as a waiver of any other such subsequent breach by such party of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement.

No Waiver. Any waiver of any term or condition of this Agreement by either party shall not operate as a waiver of any party of a continued breach of such term or condition, or any other term or condition, nor shall any failure to enforce a provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver or non-action by either party with respect to any breach by the other party of a breach of any provision of this Agreement Agreement, nor the waiver or non-action with respect to the provisions of any similar agreement with other employees or the breach thereof, shall not operate as be deemed or be construed to be a waiver of any other succeeding breach of such provision provision, or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered as a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementprovision itself.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver by any a party of a any breach by the other party of any provision of its covenants, agreements or obligations in this Agreement shall not operate as or be construed to be a waiver of any other subsequent breach of such provision or of any the breach of any other provision of this Agreement. The failure of covenants, agreements or obligations, nor shall any forbearance by a party to insist upon strict adherence to seek a remedy for any term of this Agreement on one or more occasions shall not breach by the other party be considered a waiver or deprive that by the party of the right thereafter its rights and remedies with respect to insist upon strict adherence to that term such breach or any other term of this Agreementsubsequent breach.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall does not operate as or be as, nor is construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party any Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall is not be considered a waiver or and does not deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. No waiver of any of the provisions of this Agreement shall be effective unless it is in writing signed by the party making such waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any party either Party of a breach or violation of any provision of this Agreement shall not operate as as, or be construed to be be, a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by The failure of either of the parties hereto to at any party ---------- time enforce any of a breach of any provision the provisions of this Agreement shall not operate as be deemed or be construed to be a waiver of any other breach such provision, nor to in any way affect the validity of such this Agreement or any provision hereof or the right of either of the parties hereto to thereafter enforce each and every provision of this Agreement. No waiver of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term the provisions of this Agreement on one shall be effective unless set forth in a written instrument executed by the party against whom or more occasions which enforcement of such waiver is sought; and no waiver of any such breach shall not be considered construed or deemed to be a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementor subsequent breach.

No Waiver. Any A waiver by any either party of a breach or violation of any provision of this Agreement shall not operate as constitute or be construed to be as a waiver of any other subsequent breach or violation of such that provision or as a waiver of any breach or violation of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any a party of a breach the violation of any provision of the provisions of this Agreement Agreement, whether express or implied, shall not operate as or be construed to be as a waiver of any other breach of such provision or subsequent violation of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementsuch provision.

No Waiver. Any waiver by any either party of a breach of any provision --------- provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party either the Stockholder or the Company of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of any provision of this Agreement must be signed by the party against whom enforcement of such waiver is sought.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party failure of a breach Party to enforce any provision of this Agreement shall not be deemed a waiver of its right to enforce such provision on any subsequent occasion. No waiver of any provision of this Agreement shall be valid unless it is in writing and is executed by the Party against which such waiver is sought to be enforced. A waiver by any of the Parties of any provision of this Agreement will not operate as or be construed to be a waiver of any other succeeding breach of such provision thereof or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any party of a breach any of any provision the terms or conditions of this Agreement in any one instance shall not operate as be deemed or construed to be a waiver of such terms or conditions for the future, or of any subsequent breach thereof. The failure of any party hereto at any time to enforce any of the provisions of this Agreement, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of any other breach such provisions or to affect either the validity of such provision this Agreement or the right of any breach of any other party to thereafter enforce each and every provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver Failure by any party of a breach of Party to enforce any provision of this Agreement or assert a claim on account of breach hereof shall not operate as or be construed to be deemed a waiver of any other breach of such provision its right to enforce the same or of any breach of any other provision of this Agreement. The failure hereof on the occasion of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementsubsequent breach.

No Waiver. Any waiver by any party either Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right to thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the Party against whom enforcement is sought.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall be in a writing signed by the party providing such waiver and shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver of any breach of any one of the agreements, terms, conditions or covenants of this Agreement by any party of a breach of any provision of this Agreement shall not operate as be deemed to imply or be construed to be constitute a waiver of any other breach of such provision agreement, term, condition, or of any breach of any other provision covenant of this Agreement. The failure of a any party to insist upon on strict adherence to performance of any term of this Agreement on one agreement, term, condition, or more occasions covenant, herein set forth, shall not constitute or be considered construed as a waiver or deprive that party of the right rights thereafter to insist upon strict adherence to that term or enforce any other term default of this Agreementsuch agreement, term, condition, or covenant.

No Waiver. Any The failure of any party to enforce any of the provisions of this Agreement or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way to affect the validity of this Agreement. The waiver of any breach of this Agreement by any party of a breach of any provision of this Agreement hereto shall not operate as or be construed to be as a waiver of any other breach of such provision prior or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementsubsequent breach.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon on strict adherence to any term of this Agreement on one or more occasions shall not be considered construed as a waiver or deprive that such party of the right to thereafter to insist upon on strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party failure of a breach party hereto to enforce any provision of this Agreement shall not be deemed a waiver of its right to enforce such provision on any subsequent occasion. No waiver of any provision of this Agreement shall be valid unless it is in writing and is executed by the party against whom such waiver is sought to be enforced. A waiver by any of the parties hereto of any provision of this Agreement will not operate as or be construed to be a waiver of any other succeeding breach of such provision thereof or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any either party of a any breach of any provision of this Agreement by the other party shall not operate he construed as or be construed to be a waiver of any other such subsequent breach by such party of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement.

No Waiver. Any The waiver of any breach or failure of a term or condition of this Agreement by any party of shall not be construed as a breach waiver of any provision subsequent breach or failure of this Agreement shall not operate as the same term or be construed to be condition, or a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term condition of this Agreement.

No Waiver. Any 19.1. No waiver by either Party of any party right or of a breach of any binding provision of this Agreement shall not operate as or be construed to be constitute a waiver of any other breach of such provision right or of any breach of any other provision, nor shall it be deemed to be a general waiver of such provision of this Agreement. The failure of a party by such Party or to insist upon strict adherence to sanction any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or subsequent breach thereof by any other term of this Agreement.Party

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term taut of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any None of the terms of this Agreement shall be deemed to have been waived by any Party hereto, unless such waiver is in writing and signed by that Party. The waiver by any party Party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure Agreement or of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party further breach of the right thereafter provision so waived. No extension of time for the performance of any obligation or act hereunder shall be deemed to insist upon strict adherence to that term or be an extension of time for the performance of any other term of this Agreementobligation or act.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered construed as a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party either Accipiter or the Company of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any party of a breach of any provision of this Agreement by any party shall not operate as or be construed to be as a waiver of any subsequent breach or violation thereof by the other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementparty.

No Waiver. Any The waiver by any either party of a breach of any provision of this Agreement or the failure by any party to exercise any right stated herein shall not operate as or be construed to be as a waiver of any subsequent breach of that right or a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementright.

No Waiver. Any waiver by any a party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon on strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by either Party of any party of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other subsequent breach of such provision the same or of any breach of any other provision of this Agreementanother provision. The failure of a party to insist upon strict adherence to exercise any term of right under this Agreement on one or more occasions shall not be considered operate as a waiver or deprive that party of such right. Any waiver must be in writing and signed by the right thereafter Party to insist upon strict adherence to that term or any other term of this Agreementbe charged.

No Waiver. Any waiver by any party either Party of a breach of any provision of this Agreement shall will not operate as or be construed to be a waiver of any other breach of such provision that or of any breach of any other provision of this Agreement. The failure of a party Any waiver must be in writing. Failure by either Party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party such Party of the right thereafter to insist upon strict adherence to that term or any other term provision of this Agreement. No remedy herein provided shall be deemed exclusive of any other remedy allowed by law or in equity.

No Waiver. Any A waiver by any party of a breach of any provision of the --------- covenants, conditions or agreements under this Agreement made or to be performed by any other party shall not operate as or be construed to be as a waiver of such breach by any other party or as a waiver of any other succeeding breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term covenant, agreement, restriction or condition of this Agreement.

No Waiver. Any A waiver by any party hereto of a breach of or failure to perform any provision of the covenants, agreements, restrictions or conditions in this Agreement to be performed by any other party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision or of any breach of any failure to perform the same or other provision covenants, agreements, restrictions or conditions of this Agreement. The failure of No waiver shall be effective unless duly authorized and memorialized in a writing signed by the party against whom such waiver is to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementeffective.

No Waiver. Any A waiver by any party of a breach of any provision of this Agreement shall not operate as as, or be construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not neither be considered a waiver or nor deprive that party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the party to be charged therewith.

No Waiver. Any waiver by any either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver of a party to this Agreement to enforce its rights further to a breach by any the other party of a breach any of any provision of this Agreement shall not operate as its obligations or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The the failure of a party to insist upon strict adherence to enforce any term of the provisions of this Agreement on one or more occasions any of the rights in relation thereto shall not in no way be considered as a waiver of these provisions or deprive that party of rights, or affect the right thereafter to insist upon strict adherence to that term or any other term validity of this AgreementAgreement in any way, or be construed as a waiver of any prior or subsequent breach.

No Waiver. Any No waiver by any party of a breach of any provision of --------- this Agreement shall not operate as or be construed deemed to be a waiver of any other preceding, or subsequent breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in a writing of subsequent date hereto executed by the waiving party.

No Waiver. Any No express or implied waiver by any party either of a breach of any provision of the Parties to this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term term, condition or obligation of this Agreement on one or more occasions by the other Party shall not be considered construed as a waiver of any subsequent breach of that term, condition or deprive that party obligation or of any other term, condition or obligation of this Agreement of the right thereafter to insist upon strict adherence to that term same or any other term of this Agreementa different nature.

No Waiver. Any waiver by any party either the Accipiter Group or ORCH of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party any Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver of any provision of this Agreement must be signed by the Party against whom enforcement of such waiver is sought.

No Waiver. Any No waiver or non-action by either party with respect to any breach by the other party of a breach of any provision of this Agreement Agreement, nor the waiver or non-action with respect to the provisions of any similar agreement with other employees or the breach thereof, shall not operate as be deemed or be construed to be a waiver of any other succeeding breach of such provision provision, or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered as a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementprovision itself. 14.

No Waiver. Any waiver by any party of a breach of any provision of this Separation Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Separation Agreement. The failure of a party to insist upon strict adherence to any term of this Separation Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Separation Agreement.

No Waiver. Any No waiver by any either party of a any breach by the other of any provision of this Agreement shall not operate as be deemed or be construed to be a waiver of any other subsequent or continuing breach of such provision the same or of any breach of any other provision of this Agreement. The failure ; nor shall any forbearance by either party from the exercise of a party remedy for any such breach be deemed or construed to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that by such party of the right thereafter any of its rights or remedies with respect to insist upon strict adherence to that term or any other term of this Agreementsuch breach.

No Waiver. Any waiver by No failure to enforce, nor any party of a breach of any provision term or condition of this Agreement shall not operate as or be construed to be a waiver of any other breach such term of such provision condition, or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of condition, nor constitute nor be deemed a waiver or release of any other rights at law or in equity, or of claims which any party may have against any other party for anything arising out of, connected with, or based upon this Agreement. Any waiver, including a waiver of this Section, must be in writing and signed by the parties hereto.

No Waiver. Any waiver must be in writing and signed by the party against whom enforcement is sought. Any waiver by any either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right to thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision of --------- this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver of or deprive that party Party of the right thereafter to insist upon strict adherence to to, that term or any other term of this Agreement.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.any

No Waiver. Any waiver by any party of a breach of Either Party's failure to enforce any provision of this Agreement shall not operate as be deemed a waiver of such provision or modification of this Agreement by such Party. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a waiver modification of any other breach of such provision or of any breach of any other provision the terms of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not Any waiver must be considered a waiver or deprive that party in writing signed by an authorized signatory of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementParty.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a any party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.either

No Waiver. Any waiver by any party of a breach of any provision of this Agreement must be in writing and shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall does not operate as or be as, nor is construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall is not considered to be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any --------- provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver No Waiver or non-action by either party with respect to any breach by the other party of a breach of any provision of this Agreement Agreement, nor the waiver or non-action with respect to the provisions of similar agreement with other employees or the breach thereof, shall not operate as be deemed or be construed to be a waiver of any other succeeding breach of such provision provision, or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered as a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementprovision itself.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Any waiver must be in writing. Failure by any Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party such Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any --------- provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of or a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any The failure of either party of a breach of to enforce any provision of this Agreement shall not operate as be deemed a waiver of any of the provisions or be construed of the rights of such party thereafter to be enforce that or any other provision. A waiver of any breach of this Agreement is not a waiver of any other breach of such provision or of any breach of any other provision of this Agreementbreach. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not Any waiver must be considered a waiver or deprive that party in writing and signed by an authorized representative of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementwaiving party.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The failure to enforce any particular provision of this Agreement on any particular occasion shall not be deemed a waiver by any party of a breach any of any provision of this Agreement its rights hereunder, nor shall not operate as or it be construed deemed to be a waiver of any other breach subsequent or continuing breaches of that provision, unless such provision or of any breach of any other provision of this Agreement. The failure of waiver is expressed in a writing signed by the party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementbound.

No Waiver. Any waiver by Seller or Buyer of any party of a breach of or failure to comply with any provision of this Agreement by any other party shall be in writing and shall not operate as or be construed to be as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of such provision of, or of any breach of failure to comply with any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver or non-action by either party with respect to any breach by the other party of a breach of any provision of this Agreement agreement, nor the waiver or non-action with respect to the provisions of similar agreements with other employees or the breach thereof, shall not operate as be deemed or be construed to be a waiver of any other succeeding breach of such provision provision, or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered as a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementprovision itself.

No Waiver. Any waiver by any party The failure of a breach of either Party to enforce any provision of this Agreement shall not operate as be deemed a waiver of that provision or the right to enforce it at a later time. No waiver of any breach of this Agreement shall be construed to be considered a waiver of any subsequent breach or a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementherein.

No Waiver. Any waiver by The failure of one of the parties to enforce any party of a breach of any provision the provisions of this Agreement or any rights with respect thereto shall in no way be deemed a waiver of such provisions or rights or in any way affect the validity of this Agreement. The waiver of any breach of this Agreement by one of the parties shall not operate as or be construed to be as a waiver of any other prior or subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any It is agreed that a waiver by any party of a breach of any provision of this Agreement shall not operate as operate, or be construed to be construed, as a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of by the right thereafter to insist upon strict adherence to that term or any other term of this Agreementbreaching party.

No Waiver. Any A waiver by any either party of a any breach of any provision of this Agreement by the other party shall not operate as or be construed to be xxxxxxxxx.xx a waiver of any other such subsequent breach by such party of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or -term of any other term of this Agreement.

No Waiver. Any The waiver by any a party of a breach or a default of any provision of this Agreement by the other party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision the same or of any breach of any other provision of this Agreement. The failure provision, nor shall any delay or omission on the part of a party to insist upon strict adherence to exercise or avail itself of any term of this Agreement on one right, power or more occasions shall not be considered privilege that it has, or may have hereunder, operate as a waiver of any right, power or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementprivilege by such party.

No Waiver. Any The failure of any of the Parties to enforce any of the provisions of this Agreement or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights. The waiver of any breach of this Agreement by any party of a breach of any provision of this Agreement hereto shall not operate as or to be construed to be as a waiver of any other breach of such provision prior or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementsubsequent breach.

No Waiver. Any A waiver by any party a Party of a breach or default of the other Party under any provision of the provisions of this Agreement shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision the same or other provisions. Nor shall any delay or omission on the part of a Party to exercise or avail itself of any right, power or privilege that it has or may have under this Agreement, operate as a waiver of any breach of any or default by the other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementParty.

No Waiver. Any the waiver by any either party of a breach of any provision provisions of this --------- Agreement or the failure by either party to exercise any right hereunder shall not operate as or be construed to be as a waiver of any subsequent breach of that right or as a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementright.

No Waiver. Any waiver by any party of a breach or violation of any provision of this Agreement may only be waived in writing by the party entitled to the benefit thereof; provided however, that such waiver shall not operate as or be construed to be a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementviolation hereof.

No Waiver. Any waiver by any party of a breach The failure of any provision of the Parties to enforce any of the provisions of this Agreement or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way to affect the validity of this Agreement. The waiver of any breach of this Agreement by any Party hereto shall not operate as or to be construed to be as a waiver of any other breach of such provision prior or subsequent breach. Except to the extent as may otherwise be stated herein, no waiver of any breach of any other provision of this Agreement. The failure of term hereof will be binding unless expressed as such in a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of document executed by the right thereafter to insist upon strict adherence to that term or any other term of this AgreementParty making such waiver.

No Waiver. Any The waiver by any party either Party of a breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of such breach by the other Party, as an amendment of this Agreement, or as a waiver of any other subsequent breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a Agreement by the waiving party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of by the right thereafter to insist upon strict adherence to that term or any other term of this AgreementParty.

No Waiver. Any waiver by any party of a breach of any provision of this Separation Agreement shall not operate as or be construed to be a waiver of of: (a) any other breach of such provision provision; or of (b) any breach of any other provision of this Separation Agreement. The failure of a party to insist upon strict adherence to any term of this Separation Agreement on one or more occasions shall not be considered a waiver or waiver, nor shall it deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Separation Agreement.

No Waiver. Any waiver by any party of a breach of any provision provisions --------- of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party Party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as as, or be construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not neither be considered a waiver or nor deprive that party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the party to be charged therewith.

No Waiver. Any waiver by any either party of a breach of any provision --------- provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.