WAIVER, MODIFICATION OR AMENDMENT. No failure or delay on the part of either Lessee or Lessor in exercising any of such party’s respective rights hereunder upon any failure by the other party to perform or observe any condition, covenant or provision herein contained shall operate as a waiver thereof, nor shall any single or partial exercise of any of such rights preclude any other or further exercise thereof or the exercise of any other right hereunder. No waiver, release, modification or amendment of any of the terms, conditions or provisions of this Lease shall be valid or effective unless the same is in writing, duly executed by Lessor and Lessee.
Appears in 6 contracts
Samples: Mining Lease (Armstrong Energy, Inc.), Mining Lease (Armstrong Coal Company, Inc.), Mining Lease (Armstrong Energy, Inc.)
