Common use of Waiver of Obligations Clause in Contracts

Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days’ prior written notice. We and you will not waive or impair any right, power, or option this Agreement reserves (including our right to demand compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because of any custom or practice that varies from this Agreement’s terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other’s compliance with this Agreement, including any System Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We i. The Company and you Distributor may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Any waiver granted will by the Company shall be without prejudice to any other rights we or you the Company may have, will be subject to continuing review, review by the Company and may be revoked revoked, in the Company's sole discretion, at any time and for any reason reason, effective upon delivery to Distributor of ten thirty (1030) days’ ' prior written notice. We The Company and you will Distributor shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein or to declare any breach thereof to be a default and to terminate this Agreement before the Term expiresFranchise prior to its expiration date) because by virtue of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your any failure, refusal, refusal or neglect of the Company or Distributor to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder including, including without limitation, any System Standardmandatory specification, standard or operating procedure; our waiver of any waiver, forbearance, delay, failure or failure omission by the Company to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to any other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this AgreementNational Supply Network Distributorship; or our the acceptance by the Company of any payments due from you Distributor after any breach by Distributor of this Agreement. No special ii. The Company makes no warranties or restrictive legend guaranties upon which Distributor may rely, and assumes no liability or endorsement on obligation to Distributor, by granting any check waiver, approval or similar item given consent to us Distributor, or by reason of any neglect, delay or denial of any request therefor. Any waiver granted by the Company shall be without prejudice to any other rights the Company may have, will be a waiversubject to continuing review by the Company, compromiseand may be revoked, settlementin the Company's sole discretion, at any time and for any reason, effective upon delivery to Distributor of thirty (30) days' prior written notice. iii. Neither the Company nor Distributor shall be liable to the other for defaults or delays in the performance of their respective obligations hereunder in any case where such performance is rendered commercially impractical by reason of any Acts of God, or accord and satisfaction. We are authorized to remove any legend the public enemy, acts or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations demands of any federalgovernment or governmental agency; strikes, state, or municipal government; (2) acts of God; (3) fires, strikesfloods, embargoes, war, acts accidents or other unforeseen causes beyond its reasonable control and not due to its fault or negligence. The party seeking relief hereunder by reason of terrorism or similar events, or riot; or (4) any such circumstances will promptly notify the other similar event or causeparty in writing of the existence and expected duration thereof. Any delay resulting from any of these said causes will shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.. c.

Waiver of Obligations. We The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and you FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other COMPANY under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted will by the COMPANY shall be without prejudice to any other rights we or you the COMPANY may have, will be subject to continuing reviewreview by the COMPANY, and may be revoked revoked, in the COMPANY's sole discretion, at any time and for any reason reason, effective upon delivery to FRANCHISEE of ten (10) days’ days prior written notice. We and you will The COMPANY shall not waive be deemed to have waived or impair impaired any right, power, or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement before the Term expiresFranchise) because by virtue of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your any failure, refusal, or neglect of the COMPANY to exercise any right under this Agreement or to insist upon the other’s exact compliance with this AgreementFRANCHISEE's obligations hereunder (including, including without limitation, any System Standardformat, specification, standard, method, or procedure required by the COMPANY) ; our waiver of any waiver, forbearance, delay, failure, or failure omission by the COMPANY to exercise any right, power, or option, whether of the same, similar, or different nature, with respect to other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this AgreementFloridino's Restaurants; or our the acceptance by the COMPANY of any payments due from you FRANCHISEE after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We and you NewCo or Agent may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another and such other effective date stated in the notice of waiver. Whenever this Agreement requires the consent of a party, such request shall be in writing and no consent may be unreasonably withheld. All consents or withholding of consent with reasons therefor shall be in writing. Neither party makes any guarantees upon which the other may rely, and assumes no liability or obligation to the other, by granting any waiver, approval or consent to the other, or by reason of any neglect, delay or denial of any request therefor. Any waiver granted will by either Party shall be without prejudice to any other rights we or you right that party may have, will be subject to continuing review, and may be revoked revoked, at the waiving Party's sole discretion, at any time and for any reason reason, effective upon delivery to the other of ten (10) days’ ' prior written notice. We and you will not waive Neither party shall be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach hereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s terms; our of the Parties at variance with the terms hereof or your any failure, refusal, refusal or neglect of such party to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreement, including any System Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your its obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterwardhereunder.

Waiver of Obligations. We COMPANY and you FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Any waiver granted will by COMPANY shall be without prejudice to any other rights we or you COMPANY may have, will be subject to continuing review, review by COMPANY and may be revoked revoked, in COMPANY's sole discretion, at any time and for any reason reason, effective upon delivery to FRANCHISEE of ten (10) days’ ' prior written notice. We COMPANY and you will FRANCHISEE shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expiresexpiration of its term) because by virtue of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your any failure, refusal, refusal or neglect of COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standard; our waiver of any waiver, forebearance, delay, failure or failure omission by COMPANY to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this AgreementTREATS Stores; or our COMPANY's acceptance of any payments due from you FRANCHISEE after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we COMPANY nor you will FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if our or your their failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.:

Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another effective date stated in the notice of waiverother. Any waiver granted will by us shall be without prejudice to any other rights we or you may have, will be subject to our continuing review, review and may be revoked revoked, in our sole discretion, at any time and for any reason reason, effective upon delivery to you of ten (10) days’ prior written notice. We and you will shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our right to demand compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because by virtue of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your any failure, refusal, refusal or neglect of ours or yours to exercise any right rights under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder; any waiver, including any System Standard; our waiver of forbearance, delay, failure or failure omission by us to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this AgreementCareBuilders At Home Offices; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will shall be liable for loss or damage or deemed to be in breach of this Agreement if our or your failure to perform our or your respective obligations results from: (1) compliance transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy, or the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or recommendations instructions of any federal, state or municipal government or any department or agency thereof; (2) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state, or municipal governmentgovernment or any department or agency thereof; (23) acts of God; (34) fires, strikes, embargoes, war, acts of terrorism or similar events, war or riot; or (45) any other similar event or cause, except where you are found to have deliberately or by gross negligence been the direct or indirect cause of the calamity. Any delay resulting from any of these said causes will shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these said causes will shall not excuse payments of amounts owed at the time of the such occurrence or payment of Continuing Royalty Fees, Brand Development Fees or Contributions other payments due afterwardhereunder.

Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Any waiver granted we grant will be without prejudice to any other rights we or you may have, will be subject to our continuing review, review and may be revoked revoked, in our sole discretion, at any time and for any reason reason, effective upon delivery to you of ten (10) days’ ' prior written notice. We and you will not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expiresexpiration of its term) because by virtue of any custom or practice that varies from this Agreement’s termsat variance with the terms hereof; our or your failure, refusal, refusal or neglect to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementour and your obligations hereunder, including including, without limitation, any System Standard; our waiver of waiver, forbearance, delay, failure or failure omission to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Hyatt Place HotelsKRISPY KREME STORES; the existence of other franchise agreements for other Hyatt Place Hotels that KRISPY KREME STORES which contain different provisions differing from those contained in this Agreementherein; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be constitute a waiver, compromise, settlement, settlement or accord and satisfaction. We are authorized to remove or obliterate any legend or endorsement, and they such legend or endorsement will have no effect. <PAGE> 44 Neither we nor you will be liable for loss or damage or deemed to be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.:

Waiver of Obligations. We and you Franchisor or Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Whenever this Agreement requires Franchisor's prior approval or consent, Franchisee shall make a timely written request to Franchisor, and such approval shall be obtained in writing. Franchisor makes no warranties or guarantees upon which Franchisee may rely, and assumes no liability or obligation to Franchisee, by granting any waiver, approval, or consent to Franchisee or by reason of any neglect, delay, or denial of any request by Franchisor. Any waiver granted will by Franchisor shall be without prejudice to any other rights we or you Franchisor may have, will be subject to continuing reviewreview by Franchisor, and may be revoked revoked, in Franchisor's sole discretion, at any time and for any reason reason, effective upon delivery to Franchisee of ten thirty (1030) days’ days prior written notice. We Franchisor and you will Franchisee shall not waive be deemed to have waived or impair impaired any right, power, or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, and covenant in this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your any failure, refusal, or neglect of Franchisor or Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with its obligations by this Agreement, including including, without limitation, any System Standardmandatory specification, standard, or operating procedure; our waiver of any waiver, forbearance, delay, failure, or failure omission by Franchisor to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with other Hyatt Place Hotels; respect to the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this AgreementFranchised Restaurant; or our the acceptance by Franchisor of any payments due from you Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We and you CARRIER or DISTRIBUTOR may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another and such other effective date stated in the notice of waiver. Whenever this Agreement requires the consent of a party, such request shall be in writing and no consent may be unreasonably withheld, conditioned, or delayed. All consents or withholding of consent with reasons therefor shall be in writing. Neither Party makes any guarantees upon which the other may rely, and assumes no liability or obligation to the other, by granting any waiver, approval or consent to the other. Any waiver granted will by either Party shall be without prejudice to any other rights we or you right that Party may have, will be subject to continuing review, and may be revoked revoked, at the waiving Party's sole discretion, at any time and for any reason reason, effective upon delivery to the other of ten (10) days’ ' prior written notice. We CARRIER and you will DISTRIBUTOR shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach hereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s terms; our of the Parties at variance with the terms hereof or your any failure, refusal, refusal or neglect of CARRIER or DISTRIBUTOR to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standard; our waiver of rule or procedure, or any waiver, forbearance, delay, failure or omission by CARRIER to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to one or more other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterwarddistributors.

Waiver of Obligations. We COMPANY and you DEVELOPER may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Whenever this Agreement requires COMPANY's prior approval or consent, DEVELOPER shall make a timely written request therefor and such approval shall be obtained in writing. With respect to this Agreement, the Franchise Agreements, the License Agreements, the relationship of the parties, the DEVELOPER Stores, Catering Service, Delivery Service, Special Distribution Arrangements or any other matter, COMPANY makes no representations, warranties or guarantees upon which DEVELOPER may rely, and assumes no liability or obligation to DEVELOPER, by granting any waiver, approval, or consent to DEVELOPER, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted will by COMPANY: (1) shall be without prejudice to any other rights we or you COMPANY may have, (2) will be subject to continuing reviewreview by COMPANY, and (3) as to continuing waivers, may be revoked prospectively, in COMPANY's sole discretion, at any time and for any reason reason, effective upon delivery to DEVELOPER of ten (10) days’ ' prior written notice. We COMPANY and you will DEVELOPER shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand full compliance with every term, condition, condition and covenant in this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of any custom or practice that varies from this Agreement’s terms; our or your failureits term), refusal, or neglect to exercise any right under this Agreement or to insist upon the other’s compliance with this Agreement, including any System Standard; our waiver by virtue of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.any:

Waiver of Obligations. We COMPANY and you LICENSE OWNER may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Whenever this Agreement requires COMPANY's prior approval or consent, LICENSE OWNER shall make a timely written request therefor and such approval shall be obtained in writing. With respect to this Agreement, the relationship of the parties, the Store, Catering Service, Delivery Service, Special Distribution Arrangements, Commissaries or any other matter, COMPANY makes no representations, warranties or guaranties upon which LICENSE OWNER may rely, and assumes no liability or obligation to LICENSE OWNER, by granting any waiver, approval, or consent to LICENSE OWNER or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted will by COMPANY (1) shall be without prejudice to any other rights we or you COMPANY may have, (2) will be subject to continuing reviewreview by COMPANY, and (3) as to continuing waivers, may be revoked prospectively, in COMPANY's sole discretion, at any time and for any reason reason, effective upon delivery to LICENSE OWNER of ten (10) days’ ' prior written notice. We COMPANY and you will LICENSE OWNER shall not waive be deemed to have waived or impair impaired any right, power, or option reserved by this Agreement reserves (including our including, without limitation, the right to demand full compliance with every term, condition, and covenant in this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration 77 200 of any custom or practice that varies from this Agreement’s terms; our or your failureits term), refusal, or neglect to exercise any right under this Agreement or to insist upon the other’s compliance with this Agreement, including any System Standard; our waiver by virtue of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.any:

Waiver of Obligations. We LICENSOR and you LICENSEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Whenever this Agreement requires LICENSOR's prior approval or consent, LICENSEE shall make a timely written request therefor, and such approval shall be obtained in writing. LICENSOR makes no warranties or guarantees upon which LICENSEE may rely, and assumes no liability or obligation to LICENSEE, by granting any waiver, approval of consent to LICENSEE, or by reason of any neglect, delay or denial of any request thereof. Any waiver granted will by LICENSOR shall be without prejudice to any other rights we or you LICENSOR may have, will be subject to continuing reviewreview by LICENSOR, and may be revoked revoked, in LICENSOR's sole discretion, at any time and for any reason reason, effective upon delivery receipt by LICENSEE of ten (10) days’ days prior written notice. We No failure, refusal or neglect of LICENSOR or LICENSEE to exercise any right under this Agreement, or to insist upon full compliance by the other with its obligations hereunder, shall constitute a waiver of any provision of this Agreement. LICENSOR and you will LICENSEE shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, its right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expiresexpiration of its term) because by virtue of any custom or practice that varies from this Agreement’s termsof he parties at variance with the terms hereof; our any failure by LICENSOR or your failure, refusal, or neglect LICENSEE to exercise any right under this Agreement or to insist upon the other’s demand strict compliance with this Agreement; any waiver, including any System Standard; our waiver of forbearance, delay, failure or failure omission by LICENSOR to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with other Hyatt Place Hotels; against licensees or LICENSEES of the existence Marks of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreementthe System outside the Exclusive Territory; or our the acceptance by LICENSOR of any payments payment due from you LICENSEE after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we LICENSOR nor you will LICENSEE shall be liable for loss or damage due to delay in its performance of its obligations resulting from transportation shortages, inadequate supply of labor, material or be energy, or the voluntary foregoing of the right to acquire or use any of the foregoing in breach of this Agreement if our order to accommodate or your failure to perform our or your obligations results from: (1) compliance comply with the orders, requests, regulations, recommendations or recommendations instructions of any federalFederal, stateState, or municipal governmentMunicipal Government or department of agency thereof; (2) acts of God; (3) acts or omissions of the other party; fires; strikes; embargoes; wars, strikes, embargoes, war, acts of terrorism riot or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these said causes will shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We The Franchisor and you Master Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement. No acceptance by the Franchisor of any payment by Master Franchisee or any other Person or entity and no failure, effective refusal or neglect of the Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon delivery of written notice to full compliance by the other with its obligations hereunder shall constitute a waiver of any provision of this Agreement. Franchisor makes no warranties or another effective date stated in the notice guarantees upon which Master Franchisee may rely, and assumes no liability or obligation to Master Franchisee, by granting any waiver, approval, or consent to Master Franchisee, or by reason of waiverany neglect, delay, or denial of any request therefore. Any waiver granted will by Franchisor shall be without prejudice to any other rights we or you Franchisor may have, will be subject to continuing reviewreview by Franchisor, and may be revoked revoked, in Franchisor’s sole discretion, at any time and for any reason reason, effective upon delivery to Master Franchisee of ten (10) days’ prior written notice. We Franchisor and you will Master Franchisee shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your any failure, refusal, or neglect of Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standard; our waiver of any waiver, forbearance, delay, failure, or failure omission by Franchisor to exercise any right, power, or option, whether of the same, similar, similar or different nature, with other Hyatt Place Hotels; the existence of respect to any PLANET BEACH® business or any franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreementagreement; or our the acceptance by Franchisor of any payments due payment from you Master Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we Franchisor nor you will Master Franchisee shall be liable for loss or damage or deemed to be in breach of this Agreement if our or your its failure to perform our or your its obligations results fromfrom any of the following and is not caused or exacerbated by the non-performing party: (1) compliance with the ordersany law, requestsruling, regulationsorder, regulation, requirement, or recommendations instruction of any federal, state, government or municipal governmentany department or agency thereof; (2) acts of God; (3) fires, strikes, embargoes, war, or acts of terrorism war or similar events, or riot; or (4) any other similar event or causeinsurrection. Any delay resulting from any of these said causes will or occurrences shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these said causes will shall not excuse payments payment of amounts owed at the time of the such occurrence or payment of Royalty Fees or Contributions due afterwardthereafter.

Waiver of Obligations. We Franchisor and you Master Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery . No acceptance by Franchisor of written notice to the other any payment by Master Franchisee or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we person or you have, will be subject to continuing review, entity and may be revoked at any time and for any reason effective upon delivery of ten (10) days’ prior written notice. We and you will not waive or impair any right, power, or option this Agreement reserves (including our right to demand compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because of any custom or practice that varies from this Agreement’s terms; our or your no failure, refusal, refusal or neglect of Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon full compliance by the other’s other with its obligations hereunder shall constitute a waiver of any provision of this Agreement. Franchisor makes no warranties or guarantees upon which Master Franchisee may rely, and assumes no liability or obligation to Master Franchisee, by granting any waiver, approval, or consent to Master Franchisee, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by Franchisor shall be without prejudice to any other rights Franchisor may have, will be subject to continuing review by Franchisor, and may be revoked, in Franchisor's sole discretion, at any time and for any reason, effective upon delivery to Master Franchisee of ten (10) days' prior written notice. Franchisor and Master Franchisee shall not be deemed to have waived or impaired any right, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this AgreementAgreement prior to the expiration of its term), including by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, or neglect of Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder, including, without limitation, any System Standard; our waiver of any waiver, forbearance, delay, failure, or failure omission by Franchisor to exercise any right, power, or option, whether of the same, similar, similar or different nature, with other Hyatt Place Hotels; the existence of respect to any QUIZNO'S Restaurants or any franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreementagreement therefor; or our the acceptance by Franchisor of any payments due payment from you Master Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We and you BCN or AGENT may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another and such other effective date stated in the notice of waiver. Whenever this Agreement requires the consent of a Party, such request shall be in writing and no consent may be unreasonably withheld. All consents or withholding of consent with reasons therefor shall be in writing. Neither Party makes any guarantees upon which the other may rely, and assumes no liability or obligation to the other, by granting any waiver, approval or consent to the other, or by reason of any neglect, delay or denial of any request therefor. Any waiver granted will by either Party shall be without prejudice to any other rights we or you right that Party may have, will be subject to continuing review, and may be revoked revoked, at the waiving Party's sole discretion, at any time and for any reason reason, effective upon delivery to the other of ten (10) days’ ' prior written notice. We BCN and you will AGENT shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach hereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s terms; our of the Parties at variance with the terms hereof or your any failure, refusal, refusal or neglect of BCN or AGENT to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standard; our waiver of rule or procedure, or any waiver, forbearance, delay, failure or omission by BCN to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to one or more other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterwardagents.

Waiver of Obligations. We The Company and you may Master Franchisor may, by written instrument instrument, unilaterally waive or reduce any obligation of of, or restriction upon upon, the other under as evidenced by this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Any waiver granted will by the Company shall be without prejudice to any other rights we or you which the Company may have, will be subject to continuing reviewreview by the Company, and may be revoked revoked, in the Company's sole discretion, at any time and for any reason reason, effective upon delivery of ten (10) days’ ' prior written noticenotice to Master Franchisor. We The Company and you will Master Franchisor shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our Agreement, including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein contained, or to declare any breach thereof to be a default and to terminate this Agreement before and the Term expireslicense granted hereunder prior to the expiration of its term, by virtue of: (i) because of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your (ii) any failure, refusal, refusal or neglect of the Company or Master Franchisor to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standardmandatory specification, standard or operating procedure; our waiver of (iii) any waiver, forbearance, delay, failure or failure omission by the Company to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to any other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this AgreementSterling Optical Center; or our (iv) the acceptance by the Company of any payments due from you Master Franchisor after any breach by Master Franchisor of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we the Company nor you will Master Franchisor shall be liable for any loss or damage or deemed to be in breach of this Agreement if our or your its failure to perform our or your its obligations results from: (1i) compliance transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy, or the voluntary forgoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or recommendations instructions of any federal, state, state or municipal governmentgovernment or any department or agency thereof; (2ii) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof; (iii) acts of God; (3iv) fires, strikes, embargoes, war, acts of terrorism or similar events, war or riot; or (4v) any other similar event or cause. Any delay resulting from any of these said causes will shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these said causes will shall not excuse payments payment of amounts owed at the time of the such occurrence or payment of Royalty Fees or Advertising Contributions due afterwardon any sales thereafter.

Waiver of Obligations. We The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon MARRIOTT under this Agreement, and you MARRIOTT may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other COMPANY under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, MARRIOTT shall make a timely written request therefor, and such approval shall be obtained in writing and shall not be unreasonably withheld or delayed. Except as expressly set forth herein, the COMPANY makes no warranties or guaranties upon which MARRIOTT may rely, and assumes no liability or obligation to MARRIOTT, by granting any waiver, approval or consent to MARRIOTT, or by reason of any neglect, delay or denial of any request therefor. Any waiver granted will by the COMPANY shall be without prejudice to any other rights we or you the COMPANY may have, will be subject to continuing reviewreview by the COMPANY, and may be revoked revoked, in the COMPANY's sole discretion, at any time and for any reason reason, effective upon delivery to MARRIOTT of ten (10) days’ ' prior written notice. We The COMPANY and you will MARRIOTT shall not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every material term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s termsof the parties at variance with the terms hereof; our or your any failure, refusal, refusal or neglect of the COMPANY or MARRIOTT to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standardmandatory specification, standard or operating procedure; our waiver of any waiver, forbearance, delay, failure or failure omission by the COMPANY to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Hyatt Place Hotels; "TCBY" stores, or the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance by the COMPANY of any payments due from you MARRIOTT after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we the COMPANY nor you will MARRIOTT shall be liable for loss or damage or deemed to be in breach of this Agreement if our or your its failure to perform our or your its obligations results from: (1) compliance transportation shortages, inadequate supply of labor, material or energy, or the voluntary foregoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or recommendations instructions of any federal, state or municipal government or any department or agency thereof; (2) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state, or municipal governmentgovernment or any department or agency thereof; (23) acts of God; (34) acts or omissions of the other party; (5) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (46) any other similar event or causecause beyond the reasonable control of the party failing to perform. Any delay resulting from any of these said causes will shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We Franchisor and you Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice Notice to the other or another such other effective date stated in the notice Notice of waiver. Any waiver granted by a Party will be without prejudice to any other rights we or you the Party may have, will be subject to the waiving Party’s continuing review, review and may be revoked revoked, at waiving Party’s sole option, at any time and for any reason reason, effective upon delivery to the other Party of ten (10) days’ prior written noticeNotice. We Franchisor and you Franchisee will not waive be deemed to have waived or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expiresexpiration of its term) because of by virtue of: any custom or practice that varies from at variance with the terms of this Agreement’s terms; our or your any failure, refusal, refusal or neglect of Franchisor or Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with its obligations under this Agreement; any waiver, including any System Standard; our waiver of forbearance, delay, failure or failure omission by Franchisor or Franchisee to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Hyatt Place HotelsRestaurants; the existence of other franchise agreements for other Hyatt Place Hotels that Restaurants which contain different provisions differing from those contained in this Agreement; or our Franchisor’s acceptance of any payments due from you Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We and you CARRIER or AGENT may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice thereof to the other or another and such other effective date stated in the notice of waiver. Whenever this Agreement requires the consent of a Party, such request shall be in writing and no consent may be unreasonably withheld. All consents or withholding of consent with reasons therefore shall be in writing. Neither Party makes any guarantees upon which the other may rely, and assumes no liability or obligation to the other, by granting any waiver, approval or consent to the other, or by reason of any neglect, delay or denial of any request therefore. Any waiver granted will by either Party shall be without prejudice to any other rights we or you right that Party may have, will be subject to continuing review, and may be revoked revoked, at the waiving Party's sole discretion, at any time and for any reason reason, effective upon delivery of ten to the other often (10) days’ ' prior written notice. We CARRIER and you will AGENT shall not waive be deemed to have waived, or impair impaired any right, power, power or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach hereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s terms; our of the Parties at variance with the terms hereof or your any failure, refusal, refusal or neglect of CARRIER or AGENT to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standard; our waiver of rule or procedure, or any waiver, forbearance, delay, failure or omission by CARRIER to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to one or more other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterwardagents.

Waiver of Obligations. We The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and you FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other COMPANY under this Agreement, effective upon delivery of written notice thereof to the other or another such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guaranties upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted will by the COMPANY shall be without prejudice to any other rights we or you the COMPANY may have, will be subject to continuing reviewreview by the COMPANY, and may be revoked revoked, in the COMPANY's sole discretion, at any time and for any reason reason, effective upon delivery to FRANCHISEE of ten (10) days’ ' prior written notice. We The COMPANY and you will FRANCHISEE shall not waive be deemed to have waived or impair impaired any right, power, or option reserved by this Agreement reserves (including our including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement before prior to the Term expires) because expiration of its term), by virtue of any custom or practice that varies from this Agreement’s terms; our or your of the parties at variance with the terms hereof, any failure, refusal, or neglect of the COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact compliance by the other’s compliance other with this Agreementits obligations hereunder, including including, without limitation, any System Standardmandatory specification, standard, or operating procedure; our waiver of any waiver, forbearance, delay, failure or failure omission by the COMPANY to exercise any right, power, or option, whether of the same, similar, similar or different nature, with respect to other Hyatt Place Hotels; "TCBY" stores, or the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or our acceptance by the COMPANY of any payments due from you FRANCHISEE after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we the COMPANY nor you will FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if our or your failure to perform our or your their respective obligations results from: (1) compliance transportation shortages, inadequate supply of labor, material, or energy, or the voluntary foregoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or recommendations instructions of any federal, state, or municipal government, or any department or agency thereof; (2) compliance with any law, ruling, order, regulation, requirement, or instruction of any federal, state, or municipal government, or any department or agency thereof; (3) acts of God; (34) acts or omissions of the other party; (5) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (46) any other similar event or cause. Any delay resulting from any of these said causes will shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. We LICENSOR and you MASTER LICENSEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiverwaiver notice. Any waiver granted will shall be without prejudice to any other rights we LICENSOR or you haveMASTER LICENSEE has, will be subject to continuing reviewreview by LICENSOR and MASTER LICENSEE, and may be revoked prospectively by LICENSOR or MASTER LICENSEE at any time and for any reason reason, effective upon delivery of ten (10) days’ ' prior written notice. We Any waiver must be in writing to be enforceable. LICENSOR makes no warranties or guarantees upon which MASTER LICENSEE may rely, and you will assumes no liability or obligation to MASTER LICENSEE, by granting or refusing to grant any waiver, approval, or consent to MASTER LICENSEE. LICENSOR and MASTER LICENSEE shall not waive be deemed to have waived or impair impaired any right, power, or option reserved by this Agreement reserves (including our including, without limitation, the right to demand compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expiresdefault) because of any custom or practice of the parties that varies from this Agreement’s 's terms; our or your any failure, refusal, or neglect of LICENSOR or MASTER LICENSEE to exercise any right under this Agreement right, or to insist upon the other’s 's compliance with its obligations, under this Agreement; any waiver, including any System Standard; our waiver of forbearance, delay, failure, or failure omission by LICENSOR to exercise any right, power, or option, whether of the same, similar, or different nature, with respect to other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreementmaster licensees or any CARIBOU COFFEE Coffeehouse; or our LICENSOR's acceptance of any payments due payment from you MASTER LICENSEE after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.