Common use of Non-Waiver Clause in Contracts

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyParty.

Non-Waiver. The failure of a party Party in any one or more instances to insist upon strict performance of any provision of this Agreement or to exercise any right arising out the terms and conditions of this Agreement shall neither impair that provision or right nor not constitute a waiver or relinquishment, to any extent, of that provision the right to assert or right, in whole rely upon any such terms or in part, in that instance or in conditions on any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyfuture occasion.

Non-Waiver. The failure of a party Party in any one or more instances to insist upon strict performance of any provision of this Agreement or to exercise any right arising out the terms and conditions of this Agreement shall neither impair that provision or right nor constitute not be construed as a waiver or relinquishment, to any extent, of that provision the right to assert or right, in whole rely upon any such terms or in part, in that instance or in conditions on any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyfuture occasion.

Non-Waiver. The Any failure on the part of a party Party to insist upon strict performance enforce at any time or for any period of time any provision of this Agreement or to exercise any right arising out the provisions of this Agreement shall neither impair that provision not be deemed or right nor constitute construed to be a waiver of that such provisions or of any right of such Party thereafter to enforce each and every such provision on any succeeding occasion or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partybreach thereof.

Non-Waiver. The failure of a party in any one or more instances to insist upon strict performance of any provision of this Agreement or to exercise any right arising out the terms and conditions of this Agreement shall neither impair that provision or right nor not constitute a waiver or relinquishment, to any extent, of that provision the right to assert or right, in whole rely upon any such terms or in part, in that instance or in conditions on any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyfuture occasion.

Non-Waiver. The failure or refusal of a either party to insist upon the strict performance of any provision of this Agreement or to exercise any right arising out in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of this Agreement shall neither impair that such provision or right nor constitute a waiver of that and shall in no way effect such provision or right, in whole nor shall such failure or in part, in that instance refusal be deemed a custom or in any other instance. Any waiver by a party of a particular practice contrary to such provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyright.

Non-Waiver. The failure or refusal of a either party to insist upon the strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement in any one or more instances or circumstances shall neither impair that provision or right nor constitute not be construed as a waiver or relinquishment of that such provision or right, in whole nor shall such failure or in part, in that instance refusal be deemed a custom or in any other instance. Any waiver by a party of a particular practice contrary to such provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyright.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a Failure by either party at any time to insist upon strict require performance of any provision of this Agreement or shall not limit the right of the party failing to exercise require performance to enforce the provision. No provision of this Agreement may be waived by either party except by a writing signed by that party. A waiver of any right arising out breach of a provision of this Agreement shall neither impair be construed narrowly and shall not be deemed to be a waiver of any succeeding breach of that provision or right nor constitute a waiver of that provision itself or right, in whole or in part, in that instance or in of any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyprovision.

Non-Waiver. The failure of a party Party in any one or more instances to insist upon strict performance of any provision of this Agreement or to exercise any right arising out the terms and conditions of this Agreement shall neither impair that provision or right nor constitute not be construed as a waiver or relinquishment, to any extent, of that provision the right to assert or rely upon any such terms or conditions on any future occasion. Except as otherwise specified, all rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, in whole undertaking, obligation or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyagreement.

Non-Waiver. The failure of a party to insist upon strict performance on the part of any provision party herein at any time to require the performance by the other party of this Agreement or to exercise any right arising out portion of this Agreement shall neither impair that provision or right nor constitute not be deemed a waiver of that provision or right, in whole or in part, in that instance or in any other instanceway affect that party’s rights to enforce such provision or another provision in the future. Any waiver by a any party of any provision herein shall not be taken or held to be a particular waiver of any other provision hereof or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyany other breach hereof.

Non-Waiver. The failure in any one or more instances of a party to insist upon strict performance of any provision of the terms, covenants or conditions of this Agreement or Agreement, to exercise any right arising out or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement shall neither impair that provision or right nor constitute not be construed as a subsequent waiver of that provision any such terms, covenants, conditions, rights or rightprivileges, but the same shall continue and remain in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time full force and shall be signed by such partyeffect.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by an authorized representative of such partyParty.

Non-Waiver. The failure by any Party at any time to enforce any of a party to insist upon strict performance of any provision the terms, provisions or conditions of this Agreement or to exercise any right arising out of this Agreement hereunder shall neither impair that provision or right nor not constitute a waiver of that provision the same or rightaffect the validity of this Agreement or any part hereof, in whole or in part, in that instance ALVOTECH’s and STADA’s right thereafter to enforce or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyexercise the same.

Non-Waiver. The failure of a party either Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out based upon a breach thereof or the acceptance of this Agreement any performance during such breach shall neither impair that provision or right nor not constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyunder this Agreement.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision provision, right or right remedy shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time time, and shall be signed by such party.

Non-Waiver. The failure in any one or more instances of a party Party hereto to insist upon strict performance of any provision of the terms, covenants or conditions of this Agreement or Agreement, to exercise any right arising out or privilege in this Agreement conferred, or the waiver by said Party of any breach of any of the terms, covenants or conditions of this Agreement shall neither impair that provision or right nor constitute not be construed as a subsequent waiver of that provision any such terms, covenants, conditions, rights or rightprivileges, but the same shall continue and remain in whole full force and effect as if no such forbearance or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyhad occurred.

Non-Waiver. The failure of a party in any one or more instances to insist upon strict performance of any provision of the terms and conditions of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor does not constitute a waiver or relinquishment, to any extent, of that provision the right to assert or right, in whole rely upon any such terms or in part, in that instance or in conditions on any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyfuture occasion.

Non-Waiver. The failure in any one or more instances of a party Party to insist upon strict performance of any provision of the terms, covenants or conditions of this Agreement or Agreement, to exercise any right arising out or privilege in this Agreement conferred or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement shall neither impair that provision or right nor constitute not be construed as a subsequent waiver of that provision any such terms, covenants, conditions, rights or rightprivileges, but the same shall continue and remain in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time full force and shall be signed by such partyeffect.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall will neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall to be effective must be in writingwriting signed by such Party, shall and will be as limited to a particular the specified matter and, if applicable, for a particular the specified period of time and shall be signed by in such partywriting.

Non-Waiver. The failure Failure of a party any Party at any time to insist upon strict require performance of any provision of this Agreement or shall not limit the Party’s right to exercise enforce the provision, nor shall any right arising out waiver of this Agreement shall neither impair that any breach of any provision or right nor constitute be a waiver of that any succeeding breach of the provision or right, in whole a waiver of the provision itself or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyprovisions.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Supply Agreement or to exercise any right arising out of this Supply Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyParty.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time time, and shall be signed by such party.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time time, and shall be signed by such partyParty.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall shalt be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, ; in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a party either Party to insist upon exercise any right or to require strict performance of any provision of this Agreement will not waive or diminish such Party’s right thereafter to exercise such right or to exercise require strict performance of any right arising out provision nor will a waiver of this any breach or default of the Agreement shall neither impair that provision or right nor constitute a waiver of that any subsequent breach or default or a waiver of the provision or right, itself. No waiver of any of the provisions of this Agreement will be binding unless executed in whole or in part, in that instance or in any other instance. Any waiver writing by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partythe Party making the waiver.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and of a particular scope, and shall be signed by such partyParty.

Non-Waiver. The failure of a party Party in any one or more instances to insist upon strict performance of any provision of the terms and conditions of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute will not be construed as a waiver or relinquishment, to any extent, of that provision the right to assert or right, in whole rely upon any such terms or in part, in that instance or in conditions on any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyfuture occasion.

Non-Waiver. The failure of any party in any one or more instances to insist on the strict performance, observance or compliance by the other party with any of the terms or provisions of this Agreement, shall not be a continuing waiver thereof nor construed to be a waiver or relinquishment by a party of its rights to insist upon strict performance compliance by the other party with all of any provision the terms and provisions of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyAgreement.

Non-Waiver. The failure of a party partyParty in any one or more instances to insist upon strict performance of any provision of this Agreement or to exercise any right arising out the terms and conditions of this Agreement shall neither impair that provision or right nor not constitute a waiver or relinquishment, to any extent, of that provision the right to assert or right, in whole rely upon any such terms or in part, in that instance or in conditions on any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyfuture occasion.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writingwriting signed by such Party, and, if applicable, shall be as to a particular matter and, if applicable, and for a particular period of time and shall be signed by such partytime.

Non-Waiver. The failure of a party either Party to insist upon exercise any right or to require strict performance of any provision will not waive or diminish such Party’s right thereafter to exercise such right or to require strict performance of any provision nor will a waiver of any breach or default of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that any subsequent breach or default or a waiver of the provision or right, itself. No waiver of any of the provisions of this Agreement will be binding unless executed in whole or in part, in that instance or in any other instance. Any waiver writing by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partythe Party making the waiver.

Non-Waiver. The failure in any one or more instances of a party Party to insist upon strict performance of any provision of the terms, conditions or covenants of this Agreement or Agreement, to exercise any right arising out or privilege in this Agreement conferred, or the waiver by said party of any breach of any term, condition or covenant of this Agreement shall neither impair that provision or right nor constitute not be construed as a subsequent waiver of that provision or any such term, condition, covenant, right, or privilege, but the same shall continue in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time full force and shall be signed by such partyeffect.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by an authorized representative of such party.

Non-Waiver. The failure of a party either party, at any time, to insist upon strict performance of enforce any provision of this Agreement Agreement, or to exercise any right arising out option provided, or to require performance of any provision, shall in no way be construed to be a waiver or limitation of any such provision, nor in any way to affect the validity of this Agreement shall neither impair Agreement, nor to affect that party’s right thereafter to enforce each and every provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partythis Agreement.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall will neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall will be in writing, shall will be as to a particular matter and, if applicable, for a particular period of time and shall will be signed by such party.

Non-Waiver. The failure of either Party to strictly enforce any of the terms or conditions of this Agreement shall not be considered as a party waiver of any right hereunder nor shall it deprive that Party of the right at some other time to insist upon strict performance of any provision of this Agreement adherence to that term or condition or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instanceterms or conditions. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time time, and shall be signed by an authorized representative of such partyParty.

Non-Waiver. The failure of a party any Party to insist upon strict performance of any provision of this Agreement the terms or to exercise any right arising out conditions herein, irrespective of this Agreement the length of time of such failure, shall neither impair that provision or right nor constitute not be a waiver of that provision Party’s right to demand strict compliance in the future. No consent or rightwaiver, express or implied, to or of any breach or default in whole the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any breach or default in part, in that instance the performance of the same or in any other instance. Any waiver by a party obligation of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partythis Agreement.

Non-Waiver. The failure of a party by either Party to insist upon on strict performance of or compliance with any provision term or condition of this Agreement by the other Party shall not constitute or be construed as a waiver or relinquishment of the Party’s right thereafter to exercise insist on strict performance of or compliance with that term or condition, or any right arising out other term or condition, of this Agreement Agreement, and the same shall neither impair that provision or right nor constitute a waiver of that provision or right, continue in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time full force and shall be signed by such partyeffect.

Non-Waiver. The failure of If a party fails to insist upon on strict performance of any provision of this Agreement Agreement, such failure shall not be deemed a waiver by such party of its right to insist on strict performance of such provision in the future or to exercise strict performance of any right arising out other provision of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyAgreement.

Non-Waiver. The failure on the part of a party any Party hereto, at any time, to insist upon require strict performance and/or observance of any obligation, term, provision of or condition under this Agreement or to exercise any right arising out of this Agreement shall will neither impair that provision or right nor constitute a waiver thereof nor affect in any way the right of that the respective Party to require such performance and/or observance. The waiver by any Party of a breach of any obligation, term, provision or right, in whole condition hereunder shall not constitute a waiver or in part, in that instance any subsequent breach thereof or in any other instance. Any waiver by a party of a particular obligation, term, provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partycondition.

Non-Waiver. The failure or refusal of a any party hereto to insist upon the strict performance of any provision of this Agreement Agreement, or to exercise any right arising out of this Agreement in any one or more instances or circumstances shall neither impair that provision or right nor constitute not be construed as a waiver or relinquishment of that such provision or right, in whole nor shall such failure or in part, in that instance refusal be deemed a custom or in any other instance. Any waiver by a party of a particular practice contrary to such provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyright.

Non-Waiver. The failure or refusal of a party either Party to insist upon the strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement in any one or more instances or circumstances shall neither impair that provision or right nor constitute not be construed as a waiver or relinquishment of that such provision or right, in whole nor shall such failure or in part, in that instance refusal be deemed a custom or in any other instance. Any waiver by a party of a particular practice contrary to such provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyright.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this License Agreement or to exercise any right arising out of this License Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time time, and shall be signed by such partyParty.

Non-Waiver. The failure in any one or more instances of a party to insist upon strict performance of any provision of the terms, covenants or conditions of this Agreement or Agreement, to exercise any right arising out or privilege in this Agreement conferred or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement shall neither impair that provision or right nor constitute not be construed as a subsequent waiver of that provision any such terms, covenants, conditions, rights or rightprivileges, but the same shall continue and remain in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time full force and shall be signed by such partyeffect.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right to be effective must be in writing signed by such Party, and shall be in writing, shall be as limited to a particular the specified matter and, if applicable, for a particular the specified period of time and shall be signed by in such partywriting.

Non-Waiver. The failure of a party either Party to insist upon on strict performance of any provision covenant or obligation under this Agreement, regardless of this Agreement the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to exercise or of any right arising out breach or default in the performance of any obligation under this Agreement shall neither impair that provision or right nor constitute a consent or waiver to or of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party breach or default in the performance of a particular provision the same or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyany other obligation.

Non-Waiver. The failure in any one or more instances of a party to insist upon strict performance of any provision of the terms, covenants or conditions of this Agreement or Agreement, to exercise any right arising out or privilege in this Agreement conferred, or the waiver by such party of any breach of any of the terms, covenants or conditions of this Agreement Agreement, shall neither impair that provision or right nor constitute not be construed as a subsequent waiver of that provision any such terms, covenants, conditions, rights or rightprivileges, but the same shall continue and remain in whole full force and effect as if no such forbearance or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyhad occurred.

Non-Waiver. The failure of If a party Party fails to insist upon on strict performance of any provision of this Agreement Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict performance of such provision in the future or to exercise strict performance of any right arising out other provision of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyAgreement.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute consitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyParty.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be writing and signed by such Party and as to a particular matter and, if applicable, for a particular and period of time and shall be signed by such partytime.

Non-Waiver. The failure of a party Party to exercise, enforce, or insist upon strict performance of any provision provisions of this Agreement Agreement, or to exercise any right rights of or arising out of this Agreement shall Agreement, will neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance and will not be construed to be a waiver of such rights or in provisions, or a waiver by such Party to thereafter enforce such rights or provision or any other instancerights or provisions hereunder. Any No waiver by a party of a particular provision or right shall will be effective unless made in writing, shall be as to a particular matter and, if applicable, for a particular period of time writing and shall be signed by such partythe waiving Party.

Non-Waiver. The failure of a party Failure by the parties to insist upon the strict performance of any provision of this Agreement the terms, conditions, or to exercise any right arising out provisions of this Agreement shall neither impair that provision or right nor constitute not be deemed to be a waiver of that provision such terms, conditions, and provisions, and any party, notwithstanding such failure, shall have the right hereafter to insist upon the strict performance of any or rightall such terms and conditions of this Agreement as set forth herein. Notwithstanding the foregoing, in whole or in partany party may, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, waive the benefit of any provision or condition for a particular period of time and shall be signed by such partyits benefit which is contained herein.

Non-Waiver. The failure of a party Party to insist upon or enforce strict performance by the other Parties of any provision of this Agreement or to exercise any right arising out of under this Agreement shall neither impair that not be construed as a waiver to any extent of such Party's right to assert or rely upon any such provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.​

Non-Waiver. The Any failure by a PARTY to insist upon strict performance by the other PARTY of any material provision of this AGREEMENT will not be deemed a party waiver of such provision or of any other provision of this AGREEMENT, and such PARTY will have the right at any time thereafter to insist upon strict performance of any provision and all of the provisions of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyAGREEMENT.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.Party. 17.5

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.. 13.7

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in ACTIVE/119414966.70 part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyParty.

Non-Waiver. The failure Failure on the part of a any party in any one or more instances to enforce any of its rights which arise in connection with this Agreement or to insist upon the strict performance of any provision of this Agreement its terms, conditions, or to exercise any right arising out covenants of this Agreement shall neither impair that provision or right nor constitute not be construed as a waiver or a relinquishment for the future of that provision any such rights, terms, conditions, or right, in whole or in part, in that instance or in covenants. No waiver of any other instance. Any waiver by a party condition of a particular provision or right this Agreement shall be valid unless it is in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a party either Party to insist upon strict performance of any provision of this Agreement the terms, conditions or to exercise any right arising out of this Agreement covenants herein shall neither impair that provision or right nor constitute not be deemed a waiver of any rights or remedies that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time may have; and shall not be signed by such partydeemed a waiver of any subsequent breach or default of the terms, conditions or covenants herein contained. The parties reserve the right to require strict compliance there with at any time, with or without notice, except as may be otherwise required herein.

Non-Waiver. The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.. ANNEX C: Form of License Agreement

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall will neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall will be in writing, shall will be as to a particular matter and, if applicable, for a particular period of time and shall will be signed by such partyParty.

Non-Waiver. The failure of a party Party to insist upon strict performance of any provision of this Termination Agreement or to exercise any right arising out of this Termination Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyParty.

Non-Waiver. The failure of a party either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any right arising out of under this Agreement shall neither impair that not be construed as a waiver to any extent of such Party’s right to assert or rely upon any such provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a party Failure by either Party at any time to insist upon require strict performance of any provision of this Agreement the provisions herein shall not waive or diminish a Party’s right thereafter to exercise demand strict compliance therewith or with any right arising out other provision. Waiver of any obligation, term or condition of this Agreement shall neither impair that not be deemed as any further or continuing waiver of any other term, provision or right nor constitute a condition of this Agreement. A Party shall not be deemed to have waived any rights hereunder unless such waiver of that provision or right, is in whole or in part, in that instance or in any other instance. Any waiver writing and signed by a party duly authorized representative of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by the Party making such partywaver.

Non-Waiver. The failure of any one or more instances of a party to insist upon strict performance of any provision of the terms, covenants or conditions of this Agreement or Agreement, to exercise any right arising out or privilege in this Agreement conferred, or the waiver by said party of any breach of any of the terms, covenants or conditions of this Agreement shall neither impair that provision or right nor constitute not be construed as a subsequent waiver of that provision any such terms, covenants, conditions but the same shall continue and remain in full force and effect as if no such forbearance or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyhad occurred.

Non-Waiver. The failure of a party in any one or more instances to insist upon strict performance of any provision of this Agreement or to exercise any right arising out the terms and conditions of this Agreement shall neither impair that provision or right nor constitute not be constructed as a waiver or relinquishment, to any extent, of that provision the right to assert or right, in whole rely upon any such terms or in part, in that instance or in conditions on any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyfuture occasion.

Non-Waiver. The failure of a either party to insist upon strict performance enforce at any time any of any provision the provisions of this Agreement or to exercise require any act of performance hereunder shall not be construed a waiver of such provisions or right arising out to performance nor in any way to affect the validity of this Agreement shall neither impair that or the right of either party to, thereafter, enforce each and every provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyperformance.

Non-Waiver. The failure or delay of a party Party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party Party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partyParty.

Non-Waiver. The failure of a party Failure by the Parties to insist upon the strict performance of any provision of the terms, conditions, or provisions of this Agreement shall not be deemed to be a waiver of such terms, conditions, and provisions, and the Parties, notwithstanding such failure, shall have the right hereafter to insist upon the strict performance of any or all such terms and conditions of this Agreement as set forth herein. Any Party’s waiver of any breach of this Agreement or to exercise any right arising out of this Agreement forbearance from action shall neither impair that provision not be a continuing waiver or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party breach of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partythis Agreement.

Non-Waiver. The failure Failure on the part of a party in any one or more instances to enforce any of its rights which arise in connection with this Agreement, or to insist upon the strict performance of any provision of the terms, conditions or covenants of this Agreement Agreement, shall not be construed as a waiver or to exercise relinquishment for the future of any right arising out such rights, terms, conditions or covenants. No waiver of any condition of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be valid unless it is in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

Non-Waiver. The failure of a party any Party to insist upon strict performance of any provision of this Agreement the terms or to exercise any right arising out conditions herein, irrespective of this Agreement the length of time of such failure, shall neither impair that provision or right nor constitute not be a waiver of that provision Party’s right to demand strict compliance in the future. No consent or rightwaiver, express or implied, to or of any breach or default in whole the performance of any obligation under this Guarantee Agreement shall constitute a consent or waiver to or of any breach or default in part, in that instance the performance of the same or in any other instance. Any waiver by a party obligation of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such partythis Guarantee Agreement.