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 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 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 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 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 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 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 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 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 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 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 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 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 demand strict performance of any provision of or compliance with this Agreement or to exercise any right arising out provisions thereof at any time or under any set of this Agreement circumstances shall neither impair that provision or right nor constitute not be deemed a waiver by such party of that provision or right, in whole or in part, in that instance or in its right to demand such performance and compliance at any other instancetime or under any other circumstances. Any waiver This Agreement may not be changed, modified, or terminated orally, but only by a written instrument of change, modification, or termination executed by the party against whom enforcement of a particular provision any change, modification, 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 partytermination is sought.

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 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 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 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 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 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 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 any party to insist upon strict on performance of any provision of this Agreement term, covenant or condition hereunder or to exercise any right arising out of or privilege conferred in this Agreement in any one or more instances shall neither impair that provision or right nor constitute not be a 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 partwaiver had occurred, in that instance or in any other instancenor shall the same be construed as a novation of this Agreement. Any No waiver by a party of a particular provision or right shall be effective unless it is 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 an authorized representative of the waiving party.

Non-Waiver. The failure Failure of a either party to insist upon strict performance of any provision of the terms, conditions, or provisions of this Agreement Agreement, or to exercise any right arising out or privilege herein, or the waiver of any breach of any of the terms, conditions, or provisions 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 writingAgreement, shall not be construed as to a particular matter andthereafter waiving any such terms, conditions, provisions, rights, or privileges, but the same shall continue and remain in full force and effect as if applicable, for a particular period of time and shall be signed by such partyno forbearance or waiver had occurred.

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 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 writingAgreement, shall not be construed as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.a

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 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 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 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 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 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 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 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 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.