Common use of Nonwaiver Clause in Contracts

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure Failure of any either party to insist upon insist, in one or enforce strict more instances, on performance by any the other party in strict accordance with the terms and conditions of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as deemed a waiver or relinquishment to of any extent right granted hereunder or of such party’s right to assert or rely upon the future performance of any such provision term or right in that condition or of any other instance; ratherterm or condition of this Agreement, unless such provision waiver is contained in a writing signed by or right shall be and remain in full force and effecton behalf of both parties.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and the same will remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.

Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, rather such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this This Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s ' right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.

Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement shall or otherwise by law, will not be construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; ratherrather the provision, such provision right or right shall remedy will be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement letter agreement or to exercise any right under this Agreement letter agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The Any failure of any by either party to insist upon or enforce strict performance by any other party of any provision of this the Agreement or to exercise any right under this Agreement shall will not be construed as constitute a waiver or relinquishment to any extent of such that party’s right to assert or rely upon any subsequently enforce such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectof the Agreement.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provisions or right rights in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, rather such provision or right shall be and remain in full force and effect.

Nonwaiver. The Any failure of any by either party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right or remedy under this Agreement shall or applicable law will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and the same will remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provisions, rights, or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect. Further, no waiver will be valid unless set forth in a written instrument signed by the party to be bound thereby.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert consent or rely upon any such provision or right the same in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.

Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right or remedy under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provisions or right rights in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or any applicable Work Order, or to exercise any right or remedy under this Agreement or any applicable Work Order, shall not be interpreted or construed as a waiver or relinquishment to any extent of such partythat Party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.

Nonwaiver. The Any failure of by any party to insist upon or strictly enforce strict performance by any other party of any provision of the terms and conditions as stated in this Agreement or to exercise any right under this Agreement rights acquired hereunder shall not be construed as constitute a waiver or relinquishment to any extent of such party’s terms or rights and shall not affect the right of the party to assert enforce or rely upon any exercise such provision terms or right rights in that or any other instance; rather, such provision or right shall be and remain in full force and effectthe future.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s ' right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision or right in that or any other instance; rather, such the provision or and right shall be and will remain in full force and effect.

Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall rather the same will be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement Employment Contract, or to exercise any right under this Agreement of its rights hereunder, shall not be construed as a waiver or relinquishment to any extent of such that party’s 's right to assert or rely upon such terms or rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right its rights to assert or rely upon any such provision provisions or right rights in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right its rights to assert or rely upon any such provision or right in that or any other instance; ratherprovision of this Agreement. For any waiver to be binding, such provision or right it shall be made in writing and remain in full force and effectsigned by both parties.

Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and the same will remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce -------------- strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right or remedy under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s that part's right to assert or rely upon any such provision provisions, rights, or right remedies in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce enforce, in any instance, strict performance by any the other party Party of any provision of the terms of this Agreement or to exercise any right under this Agreement rights herein conferred shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision terms or right in that or rights on any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.

Nonwaiver. The failure of any party either Party to insist upon or enforce require strict performance by any other party of any provision of this Agreement by the other Party, or the forbearance to exercise any right or remedy under this Agreement Agreement, shall not be construed as a waiver by the Party of the right to require strict performance of any provision or the relinquishment by the Party of any right or remedy it might have with respect to any extent subsequent breach of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectthe provision.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provisions or right rights in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any a party to insist upon on or enforce enforce, in any instance, strict performance by any the other party of any provision of the terms of this Agreement Agreement, or to exercise any right under this Agreement rights herein conferred shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon any such provision terms or right in that or rights on any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.

Nonwaiver. The failure of any one party to insist upon or enforce enforce, in any instance, strict performance by any the other party of any provision of this Agreement or to exercise any right under the terms of this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert or rely upon such terms or rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement shall or otherwise by law, will not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of of, any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The Any failure of any by either party to insist upon or enforce strict --------- performance by any other party Licensee of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement or otherwise by law shall not be construed as a waiver or relinquishment to any extent of such either party’s 's right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; ratherrather the provision, such provision right, or right remedy shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce enforce, in any instance, strict performance by any the other party Party of any provision of the terms of this Agreement or to exercise any right under this Agreement rights herein conferred shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert assert, or rely upon any such provision terms or right in that or rights on any other instance; rather, such provision or right future occasion. No waiver shall be and remain valid unless stated in full force and effectwriting as set forth in Section 33. 32. Dispute Resolution.

Nonwaiver. The failure of any party a Party to insist upon or enforce strict performance by any other party of any provision of the terms of this Agreement or to exercise any right under this Agreement rights herein shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert enforce such terms or rely upon rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the terms, conditions, promises or obligations of this Agreement or the Engineering Contract or to exercise any right rights under this Agreement or the Engineering Contract shall not be construed as a waiver or relinquishment to any extent of such that party’s right to assert or rely upon such terms, conditions, promises, obligations or rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any the other party Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s Party's right to assert or rely upon on any such provision or right in that or any other instance; rather, such provision or right the same shall be and shall remain in full force and effect. Any waiver at any time by either Party of any of its rights under this Agreement in a particular circumstance or instance shall not constitute a waiver thereof in any other circumstance or instance.

Nonwaiver. The failure Failure of any either party to insist upon or to enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any 's rights under this Agreement, and such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right 's rights in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure Failure of any either party to insist upon or to enforce strict performance by any other party of any provision of this Agreement or to exercise any right under right, remedy or provision of this Agreement shall will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any rights under this Agreement, and such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The failure of any party one Party to insist upon or enforce enforce, in any instance, strict performance by any the other party Party of any provision of the terms of this Agreement Agreement, including those relating to compensation or to the exercise of any right under this Agreement herein conferred, shall not be construed as a waiver or relinquishment to any extent of such party’s its right to assert assert, enforce, or rely upon such terms or rights on any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectfuture occasion.

Nonwaiver. The failure of any party Party to insist upon or enforce strict performance by any other party of any provision of the provisions of this Agreement or to exercise any right of its rights under this Agreement shall not be construed as a waiver or relinquishment to any extent of waive such party’s rights and such Party shall have the right to assert enforce such rights at any time and take such action as may be lawful and authorized under this Agreement or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effectapplicable law.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement Agreement, or to exercise any right or remedy under this Agreement shall Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision provisions, rights or right remedies in that or any other instance; rather, such provision or right shall the same will be and remain in full force and effect.

Nonwaiver. The failure of any party either Party to insist upon or enforce strict performance by any other party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement Agreement, shall not be interpreted or construed as a waiver or relinquishment to any extent of such partyParty’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce strict performance by any the other party of any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement Agreement, shall not be interpreted or construed as a waiver or relinquishment to any extent of such that party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right the same shall be and remain in full force and effect.

Nonwaiver. The failure of any either party to insist upon or enforce require strict performance by any other party of any provision of this Agreement by the other party, or the forbearance to exercise any right or remedy under this Agreement Agreement, shall not be construed as a waiver or relinquishment to any extent by such party of such party’s the right to assert or rely upon require strict performance of any such provision or the relinquishment by such party of any right in that or remedy it might have with respect to any other instance; rather, subsequent breach of such provision or right shall be and remain in full force and effectprovision.

Nonwaiver. The Any failure of any either party to insist upon or enforce strict performance by any the other party of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement shall will not be interpreted or construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision provision, right or right remedy in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

Nonwaiver. The Any failure of any by either party to insist upon or enforce strict performance by any the other party parry of any provision of the provisions of this Agreement or to exercise any right rights or remedies under this Agreement or otherwise by law shall not be construed as a waiver or relinquishment to any extent of such party’s 's right to assert or rely upon any such provision the provision, right, or right remedy in that or any other instance; ratherrather the provision, such provision right, or right remedy shall be and remain in full force and effect.