Common use of Waiver of Obligations Clause in Contracts

Waiver of Obligations. COMPANY and 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 such other effective date stated in the notice of waiver. Any waiver granted by COMPANY shall be without prejudice to any other rights COMPANY may have, will be subject to continuing review by COMPANY and may be revoked, in COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days' prior written notice. COMPANY and 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 Agreement prior to the expiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of COMPANY or 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; any waiver, forebearance, delay, failure or omission by COMPANY to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS Stores; or COMPANY's acceptance of any payments due from FRANCHISEE after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY We and FRANCHISEE 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 such other another effective date stated in the notice of waiver. Any waiver granted by COMPANY shall will be without prejudice to any other rights COMPANY may we or you have, will be subject to continuing review by COMPANY review, and may be revoked, in COMPANY's sole discretion, revoked at any time and for any reason, reason effective upon delivery to FRANCHISEE of ten (10) days' ’ prior written notice. COMPANY We and FRANCHISEE shall you will not be deemed to have waived waive or impaired impair any right, power power, or option reserved by this Agreement reserves (including, without limitation, the including our 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 prior to before the expiration of its termTerm expires) by virtue because of any custom or practice of the parties at variance with the terms hereofthat varies from this Agreement’s terms; any our or your failure, refusal refusal, or neglect of COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact the other’s compliance by the other with its obligations hereunderthis Agreement, including, without limitation, including any System Standard; any waiver, forebearance, delay, our waiver of or failure or omission by COMPANY to exercise any right, power power, or option, whether of the same, similar similar, or different nature, with respect to other TREATS StoresHyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or COMPANY's our acceptance of any payments due from FRANCHISEE 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 COMPANY we nor FRANCHISEE shall you will be liable for loss or damage or deemed to be in breach of this Agreement if their our or your failure to perform our or your obligations results from: : (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 compliance with the orders, requests, regulations, or recommendations or instructions of any federal, state state, or municipal government or any department or agency thereof; government; (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; ; (43) fires, strikes, embargoes, war war, acts of terrorism or similar events, or riot; or or (54) any other similar event or cause. Any delay resulting from any of said these causes shall will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said these causes shall will not excuse payments of amounts owed at the time of such the occurrence or payment of royalties Royalty Fees or Contributions due on any sales thereafterafterward.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and 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 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 by the COMPANY shall be without prejudice to any other rights the COMPANY may have, will be subject to continuing review by COMPANY the COMPANY, and may be revoked, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days' days prior written notice. The COMPANY and FRANCHISEE shall not be deemed to have waived or impaired any right, power power, or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition condition, and covenant herein herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its termFranchise) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal refusal, or neglect of the COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact compliance by the other with its FRANCHISEE's obligations hereunder, hereunder (including, without limitation, any System Standardformat, specification, standard, method, or procedure required by the COMPANY) ; any waiver, forebearanceforbearance, delay, failure failure, or 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 TREATS StoresFloridino's Restaurants; or COMPANY's the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY Franchisor and FRANCHISEE Master Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement. No acceptance by Franchisor of any payment by Master Franchisee or any other person or entity and no failure, effective refusal or neglect of Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon delivery of written notice thereof 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 such other 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 therefor. Any waiver granted by COMPANY Franchisor shall be without prejudice to any other rights COMPANY Franchisor may have, will be subject to continuing review by COMPANY Franchisor, and may be revoked, in COMPANYFranchisor's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Master Franchisee of ten (10) days' prior written notice. COMPANY Franchisor and FRANCHISEE 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 herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal refusal, or neglect of COMPANY Franchisor or FRANCHISEE 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; any waiver, forebearanceforbearance, delay, failure failure, or omission by COMPANY Franchisor to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to other TREATS Storesany QUIZNO'S Restaurants or any franchise agreement therefor; or COMPANY's the acceptance by Franchisor of any payments due payment from FRANCHISEE Master Franchisee after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY We and FRANCHISEE 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 such other effective date stated in the notice of waiver. Any waiver granted by COMPANY shall we grant will be without prejudice to any other rights COMPANY we may have, will be subject to our continuing review by COMPANY and may be revoked, in COMPANY's our sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE you of ten (10) days' prior written notice. COMPANY We and FRANCHISEE shall you will 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 Agreement prior to the expiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereof; any our or your failure, refusal or neglect of COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact compliance by the other with its our and your obligations hereunder, including, without limitation, any System Standard; any our waiver, forebearanceforbearance, delay, failure or omission by COMPANY to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS StoresKRISPY KREME STORES; the existence of other franchise agreements for KRISPY KREME STORES which contain different provisions from those contained herein; or COMPANY's our acceptance of any payments due from FRANCHISEE you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will constitute a waiver, compromise, settlement or accord and satisfaction. We are authorized to remove or obliterate any legend or endorsement, and such legend or endorsement will have no effect. <PAGE> 44 Neither COMPANY we nor FRANCHISEE shall you will be liable for loss or damage or deemed to be in breach of this Agreement if their our or your failure to perform our or your obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandiseproducts, supplies, 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 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; (43) fires, strikes, embargoes, war or riot; or (54) any other similar event or cause. Any delay resulting from any of said causes shall will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall will not excuse payments of amounts owed to us or our subsidiaries or designated suppliers at the time of such occurrence or payment of royalties Royalties and contributions to the Marketing and Promotion Fund due on any sales thereafter or amounts owed to us or our subsidiaries or designated suppliers for purchases from us, our subsidiaries or designated suppliers made thereafter.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon MARRIOTT under this Agreement, and FRANCHISEE 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 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 by the COMPANY shall be without prejudice to any other rights the COMPANY may have, will be subject to continuing review by COMPANY the COMPANY, and may be revoked, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE MARRIOTT of ten (10) days' prior written notice. The COMPANY and FRANCHISEE MARRIOTT 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 material term, condition and covenant herein herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of the COMPANY or FRANCHISEE MARRIOTT 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 Standardmandatory specification, standard or operating procedure; any waiver, forebearanceforbearance, delay, failure or omission by the COMPANY to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS Stores; "TCBY" stores, or COMPANY's the acceptance by the COMPANY of any payments due from FRANCHISEE MARRIOTT after any breach of this Agreement. Neither the COMPANY nor FRANCHISEE MARRIOTT shall be liable for loss or damage or deemed to be in breach of this Agreement if their its failure to perform its obligations results from: : (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy 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 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 state, or municipal government or any department or agency thereof; ; (3) acts of God; ; (4) acts or omissions of the other party; (5) fires, strikes, embargoes, war war, or riot; or or (56) any other similar event or causecause beyond the reasonable control of the party failing to perform. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY The Company and FRANCHISEE 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 such other effective date stated in the notice of waiver. Any waiver granted by COMPANY the Company shall be without prejudice to any other rights COMPANY which the Company may have, will be subject to continuing review by COMPANY the Company, and may be revoked, in COMPANYthe Company's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days' prior written noticenotice to Master Franchisor. COMPANY The Company and FRANCHISEE Master Franchisor shall not be deemed to have waived or impaired any right, power or option reserved by this Agreement (Agreement, including, without limitation, the right to demand exact compliance with every term, condition and covenant herein contained, or to declare any breach thereof to be a default and to terminate this Agreement and the license granted hereunder prior to the expiration of its term) , by virtue of of: (i) any custom or practice of the parties at variance with the terms hereof; (ii) any failure, refusal or neglect of COMPANY the Company or FRANCHISEE Master Franchisor 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 Standardmandatory specification, standard or operating procedure; (iii) any waiver, forebearanceforbearance, delay, failure or omission by COMPANY the Company to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other TREATS StoresSterling Optical Center; or COMPANY's (iv) the acceptance by the Company of any payments due from FRANCHISEE Master Franchisor after any breach by Master Franchisor of this Agreement. Neither COMPANY the Company nor FRANCHISEE Master Franchisor shall be liable for any loss or damage or deemed to be in breach of this Agreement if their its failure to perform its obligations results from: : (1i) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy energy, or the voluntary foregoing 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 instructions of any federal, state or municipal government 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; ; (3iii) acts of God; ; (4iv) fires, strikes, embargoes, war or riot; or or (5v) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments payment of amounts owed at the time of such occurrence or payment of royalties Royalty Fees or Advertising Contributions due on any sales thereafter.

Waiver of Obligations. COMPANY We and FRANCHISEE 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 such other another effective date stated in the notice of waiver. Any waiver granted by COMPANY shall we grant will be without prejudice to any other rights COMPANY we may have, will be subject to our continuing review by COMPANY and may be revoked, in COMPANY's our sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE you of ten (10) days' prior written notice. COMPANY We and FRANCHISEE shall you will not be deemed to have waived or impaired any right, power or option reserved by this Agreement (including, without limitation, the our right to demand exact compliance with every term, condition and covenant herein in this Agreement or to declare any breach thereof to be a default and to terminate this Agreement prior to before the expiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereofof this Agreement; any our or your failure, refusal or neglect of COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact compliance by the other with its our and your obligations hereunderunder this Agreement, including, without limitation, any System Standard; any our waiver, forebearanceforbearance, delay, failure or omission by COMPANY to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS StoresXXXXX'X SUBS Restaurants; the existence of other franchise agreements for XXXXX'X SUBS Restaurants which contain different provisions from those contained in this Agreement; or COMPANY's our acceptance of any payments due from FRANCHISEE you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will constitute a waiver, compromise, settlement or accord and satisfaction. We are authorized to remove or obliterate any legend or endorsement, which will have no effect. Neither COMPANY we nor FRANCHISEE shall you will be liable for loss or damage or deemed to be in breach of this Agreement if their our or your failure to perform our or your obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandiseproducts, supplies, 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 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; (43) fires, strikes, embargoes, war or riot; or (54) any other similar event or cause. Any delay resulting from any of said these causes shall will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said these causes shall will not excuse payments of amounts owed at the time of such the occurrence or payment of royalties Royalties, Marketing Fund contributions or Cooperative contributions due on any sales thereafterafterwards.

Waiver of Obligations. COMPANY We and FRANCHISEE 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 such other effective date stated in the notice of waiverother. Any waiver granted by COMPANY us shall be without prejudice to any other rights COMPANY we may have, will be subject to our continuing review by COMPANY and may be revoked, in COMPANY's our sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE you of ten (10) days' ’ prior written notice. COMPANY We and FRANCHISEE you 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 Agreement prior to the expiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of COMPANY ours or FRANCHISEE yours to exercise any right rights under this Agreement or to insist upon exact compliance by the other with its obligations hereunder, including, without limitation, any System Standard; any waiver, forebearanceforbearance, delay, failure or omission by COMPANY us to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS StoresCareBuilders At Home Offices; or COMPANY's our acceptance of any payments due from FRANCHISEE you after any breach of this Agreement. Neither COMPANY we nor FRANCHISEE you shall be liable for loss or damage or deemed to be in breach of this Agreement if their our or your failure to perform our respective obligations results from: : (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy 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 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 state, or municipal government or any department or agency thereof; ; (3) acts of God; ; (4) fires, strikes, embargoes, war or riot; or or (5) 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 said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties Continuing Royalty Fees, Brand Development Fees or other payments due on any sales thereafterhereunder.

Waiver of Obligations. COMPANY and FRANCHISEE 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 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 by COMPANY COMPANY: (1) shall be without prejudice to any other rights COMPANY may have, (2) will be subject to continuing review by COMPANY COMPANY, and (3) as to continuing waivers, may be revokedrevoked prospectively, in COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE DEVELOPER of ten (10) days' prior written notice. COMPANY and FRANCHISEE DEVELOPER 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 full compliance with every term, condition and covenant herein in this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any any: (i) custom or practice of the parties at variance with the terms hereof; any or (ii) failure, refusal refusal, or neglect of COMPANY or FRANCHISEE DEVELOPER to exercise any right under this Agreement or to insist upon exact full compliance by the other with its obligations hereunder, including, without limitation, any System Standardmandatory specification, standard or operating procedure; any or (iii) waiver, forebearanceforbearance, delay, failure failure, or omission by COMPANY to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to other TREATS Storesany UNIT or any development or franchise agreement therefor; or COMPANY's or (iv) grant of a License Agreement to DEVELOPER; or (v) the acceptance by COMPANY of any payments due from FRANCHISEE DEVELOPER after any breach of this Agreement. Neither COMPANY nor FRANCHISEE DEVELOPER shall be liable for loss or damage or deemed to be in breach of this Agreement if their its failure to perform its obligations results fromfrom any of the following and is not caused by the non-performing party: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (3vi) acts of God; (4) fires, strikes, embargoes, war or riot; or (5vii) any acts of war or insurrection; or 73 80 (viii) strikes, lockouts, boycotts, fire and other similar event or causecasualties. Any delay resulting from any of said causes shall extend the time allowed for performance accordingly or excuse performance, in whole or in part, as may be reasonablereasonable for the Store(s) directly affected thereby, except that said such causes shall not excuse payments payment of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafterfees thereafter nor otherwise affect the Development Schedule or the development of other UNITS to be developed under this Agreement, and as soon as performance is possible the non-performing party shall immediately resume performance and, in no event, shall non-performance be excused for more than six (6) months.

Waiver of Obligations. COMPANY and FRANCHISEE 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 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 by COMPANY Franchisor shall be without prejudice to any other rights COMPANY Franchisor may have, will be subject to continuing review by COMPANY Franchisor, and may be revoked, in COMPANYFranchisor's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Franchisee of ten thirty (1030) days' days prior written notice. COMPANY Franchisor and FRANCHISEE Franchisee shall not be deemed to have waived or impaired any right, power power, or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition condition, and covenant herein in this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal refusal, or neglect of COMPANY Franchisor or FRANCHISEE Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunderby this Agreement, including, without limitation, any System Standardmandatory specification, standard, or operating procedure; any waiver, forebearanceforbearance, delay, failure failure, or omission by COMPANY Franchisor to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS Storesthe Franchised Restaurant; or COMPANY's the acceptance by Franchisor of any payments due from FRANCHISEE Franchisee after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY a. Ameritel and FRANCHISEE RadioShack, the latter acting only through an authorized representative of the Wireless Marketing and Business Development Department, 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 party or on such other effective date as stated in the notice of waiver. b. 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 by COMPANY either party shall be without prejudice to any other rights COMPANY right that party may have, will be subject to continuing review by COMPANY review, and may be revoked, in COMPANYat the waiving party's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE the other of ten (10) days' prior written notice. COMPANY Such revocation will not work to the detriment of a party which has reasonably relied and FRANCHISEE acted upon such waiver prior to delivery of the notice revoking said waiver. c. Neither Ameritel nor RadioShack 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 Agreement prior to the expiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereof; hereof or any failure, refusal or neglect of COMPANY Ameritel or FRANCHISEE RadioShack to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder, including, including without limitation, any System Standard; rule or procedure, or any waiver, forebearanceforbearance, delay, failure or omission by COMPANY Ameritel to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS Stores; one or COMPANYmore of Ameritel's acceptance of any payments due from FRANCHISEE after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss authorized agents, retail referral or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereaftermarketing representatives.

Waiver of Obligations. COMPANY and FRANCHISEE 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 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 by COMPANY either Party shall be without prejudice to any other rights COMPANY right that Party may have, will be subject to continuing review by COMPANY review, and may be revoked, in COMPANYat the waiving Party's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE the other of ten (10) days' prior written notice. COMPANY CARRIER and FRANCHISEE DISTRIBUTOR 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 herein, or to declare any breach thereof hereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties Parties at variance with the terms hereof; hereof or any failure, refusal or neglect of COMPANY CARRIER or FRANCHISEE DISTRIBUTOR 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; rule or procedure, or any waiver, forebearanceforbearance, delay, failure or omission by COMPANY CARRIER to exercise any right, power or option, whether of the same, similar or different nature, with respect to one or more other TREATS Stores; or COMPANY's acceptance of any payments due from FRANCHISEE after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafterauthorized distributors.

Waiver of Obligations. COMPANY and FRANCHISEE 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 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 by COMPANY either Party shall be without prejudice to any other rights COMPANY right that Party may have, will be subject to continuing review by COMPANY review, and may be revoked, in COMPANYat the waiving Party's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE the other of ten (10) days' prior written notice. COMPANY BCN and FRANCHISEE AGENT 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 herein, or to declare any breach thereof hereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties Parties at variance with the terms hereof; hereof or any failure, refusal or neglect of COMPANY BCN or FRANCHISEE AGENT 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; rule or procedure, or any waiver, forebearanceforbearance, delay, failure or omission by COMPANY BCN to exercise any right, power or option, whether of the same, similar or different nature, with respect to one or more other TREATS Stores; or COMPANY's acceptance of any payments due from FRANCHISEE after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafterauthorized agents.

Waiver of Obligations. COMPANY We and FRANCHISEE 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 such any other effective date stated in the notice of waiver. Any waiver granted by COMPANY shall we grant will be without prejudice to any other rights COMPANY we may have, will be subject to our continuing review by COMPANY and we may be revoked, in COMPANY's sole discretion, revoke it at any time and for any reason, effective upon delivery to FRANCHISEE you of ten (10) days' prior written notice. COMPANY We and FRANCHISEE shall you will not be deemed to have waived or impaired any right, power or option reserved by this Agreement (including, without limitation, the our 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 prior to the expiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereofof this Agreement; any our or your failure, refusal or neglect of COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon the other's exact compliance by the other with its our and your obligations hereunderunder this Agreement, including, without limitation, any System Standard; any our waiver, forebearanceforbearance, delay, failure or omission by COMPANY to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS StoresCookie System Facilities; the existence of other license agreements for Cookie System Facilities which contain different provisions from those contained in this Agreement; or COMPANY's our acceptance of any payments due from FRANCHISEE you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will constitute a waiver, compromise, settlement or accord and satisfaction. We are authorized to remove or obliterate any legend or endorsement, and that legend or endorsement will have no effect. Neither COMPANY we nor FRANCHISEE shall you will be liable for loss or damage or deemed to be in breach of this Agreement if their our or your failure to perform our or your obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandiseproducts, supplies, labor, material or energy or the voluntary foregoing of the right to acquire or use any of the foregoing in order these to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department of its departments or agency thereofagencies; (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; (43) fires, strikes, embargoes, war or riot; or (54) any other similar event or cause. Any delay resulting from any of said these causes shall will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said these causes shall will not excuse payments of amounts owed at the time of such the occurrence or payment of royalties Royalties due on any sales thereafterGross Sales afterwards.

Waiver of Obligations. COMPANY i. The Company and FRANCHISEE 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 such other effective date stated in the notice of waiver. Any waiver granted by COMPANY the Company shall be without prejudice to any other rights COMPANY the Company may have, will be subject to continuing review by COMPANY the Company and may be revoked, in COMPANYthe Company's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Distributor of ten thirty (1030) days' prior written notice. COMPANY The Company and FRANCHISEE Distributor 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 Agreement the Franchise prior to the its expiration of its termdate) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of COMPANY the Company or FRANCHISEE Distributor to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder, hereunder including, without limitation, any System Standardmandatory specification, standard or operating procedure; any waiver, forebearanceforbearance, delay, failure or omission by COMPANY the Company to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other TREATS StoresNational Supply Network Distributorship; or COMPANY's the acceptance by the Company of any payments due from FRANCHISEE Distributor after any breach by Distributor of this Agreement. ii. The Company makes no warranties or guaranties upon which Distributor may rely, and assumes no liability or obligation to Distributor, by granting any waiver, approval or consent to 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 subject to continuing review by the Company, and may be revoked, in 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 COMPANY the Company nor FRANCHISEE Distributor shall be liable to the other for loss defaults or damage or deemed to be delays in breach the performance of this Agreement if their failure to perform respective obligations results from: (1) transportation shortageshereunder in any case where such performance is rendered commercially impractical by reason of any Acts of God, inadequate supply of equipment, merchandise, supplies, labor, material or energy or the voluntary foregoing public enemy, acts or demands of any government or governmental agency; strikes, fires, floods, 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 such circumstances will promptly notify the other party in writing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department or agency existence and expected duration 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.. c.

Waiver of Obligations. COMPANY The Franchisor and FRANCHISEE 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 thereof 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 such other 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 by COMPANY Franchisor shall be without prejudice to any other rights COMPANY Franchisor may have, will be subject to continuing review by COMPANY Franchisor, and may be revoked, in COMPANY's Franchisor’s sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Master Franchisee of ten (10) days' ’ prior written notice. COMPANY Franchisor and FRANCHISEE 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 herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal refusal, or neglect of COMPANY Franchisor or FRANCHISEE 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; any waiver, forebearanceforbearance, delay, failure failure, or omission by COMPANY Franchisor to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to other TREATS Storesany PLANET BEACH® business or any franchise agreement; or COMPANY's the acceptance by Franchisor of any payments due payment from FRANCHISEE Master Franchisee after any breach of this Agreement. Neither COMPANY Franchisor nor FRANCHISEE Master Franchisee shall be liable for loss or damage or deemed to be in breach of this Agreement if their its failure to perform its obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy or the voluntary foregoing of the right to acquire or use from any of the foregoing in order to accommodate following and is not caused or comply with exacerbated by the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department or agency thereof; (2) non-performing party: compliance with any law, ruling, order, regulation, requirement requirement, or instruction of any federal, state or municipal government or any department or agency thereof; (3) ; acts of God; (4) fires, strikes, embargoes, ; or acts of war or riot; or (5) any other similar event or causeinsurrection. Any delay resulting from any of said causes or occurrences shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments payment of amounts owed at the time of such occurrence or payment of royalties due on any sales Royalty Fees thereafter.

Waiver of Obligations. COMPANY LICENSOR and FRANCHISEE 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 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 by COMPANY LICENSOR shall be without prejudice to any other rights COMPANY LICENSOR may have, will be subject to continuing review by COMPANY LICENSOR, and may be revoked, in COMPANYLICENSOR's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE receipt by LICENSEE of ten (10) days' days prior written notice. COMPANY 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 FRANCHISEE LICENSEE shall not be deemed to have waived or impaired any right, power or option reserved by this Agreement (including, without limitation, the its right to demand exact compliance with every term, condition and covenant herein herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term) by virtue of any custom or practice of the he parties at variance with the terms hereof; any failure, refusal failure by LICENSOR or neglect of COMPANY or FRANCHISEE LICENSEE to exercise any right under this Agreement or to insist upon exact demand strict compliance by the other with its obligations hereunder, including, without limitation, any System StandardAgreement; any waiver, forebearanceforbearance, delay, failure or omission by COMPANY LICENSOR to exercise any right, power or option, whether of the same, similar or different nature, with respect to other TREATS Storesagainst licensees or LICENSEES of the Marks of the System outside the Exclusive Territory; or COMPANY's the acceptance by LICENSOR of any payments payment due from FRANCHISEE LICENSEE after any breach of this Agreement. Neither COMPANY LICENSOR nor FRANCHISEE LICENSEE shall be liable for loss or damage or deemed due to be delay in breach its performance of this Agreement if their failure to perform its obligations results from: (1) resulting from transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy 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 instructions of any federalFederal, state State, or municipal government Municipal Government or any department or of 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; (4) ; acts or omissions of the other party; fires; strikes; embargoes; wars, strikes, embargoes, war riot or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY LICENSOR and FRANCHISEE 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 thereof to the other or such other another effective date stated in the notice of waiverwaiver notice. Any waiver granted by COMPANY shall be without prejudice to any other rights COMPANY may haveLICENSOR or MASTER LICENSEE has, will be subject to continuing review by COMPANY LICENSOR and MASTER LICENSEE, and may be revoked, in COMPANY's sole discretion, revoked prospectively by LICENSOR or MASTER LICENSEE at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days' prior written notice. COMPANY Any waiver must be in writing to be enforceable. LICENSOR makes no warranties or guarantees upon which MASTER LICENSEE may rely, and FRANCHISEE 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 be deemed to have waived or impaired any right, power power, or option reserved by this Agreement (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 prior to the expiration of its termdefault) by virtue because of any custom or practice of the parties at variance with the terms hereofthat varies from this Agreement's terms; any failure, refusal refusal, or neglect of COMPANY LICENSOR or 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; any waiver, forebearance, delay, failure or omission by COMPANY MASTER LICENSEE to exercise any right, power or to insist upon the other's compliance with its obligations, under this Agreement; any waiver, forbearance, delay, failure, or omission by LICENSOR to exercise any right, power, or option, whether of the same, similar similar, or different nature, with respect to other TREATS Storesmaster licensees or any CARIBOU COFFEE Coffeehouse; or COMPANYLICENSOR's acceptance of any payments due payment from FRANCHISEE MASTER LICENSEE after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY and FRANCHISEE 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 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 by COMPANY (1) shall be without prejudice to any other rights COMPANY may have, (2) will be subject to continuing review by COMPANY COMPANY, and (3) as to continuing waivers, may be revokedrevoked prospectively, in COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE LICENSE OWNER of ten (10) days' prior written notice. COMPANY and FRANCHISEE LICENSE OWNER shall not be deemed to have waived or impaired any right, power power, or option reserved by this Agreement (including, without limitation, the right to demand exact full compliance with every term, condition condition, and covenant herein in this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration 77 200 of its term) ), by virtue of any any: (i) custom or practice of the parties at variance with the terms hereof; or (ii) any failure, refusal refusal, or neglect of COMPANY or FRANCHISEE LICENSE OWNER to exercise any right under this Agreement or to insist upon exact full compliance by the other with its obligations hereunder, including, without limitation, any System Standardmandatory specification, standard or operating procedure; or (iii) any waiver, forebearanceforbearance, delay, failure failure, or omission by COMPANY to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to any other TREATS StoresUNIT or any development or license agreement therefor; or COMPANY's or (iv) the acceptance by COMPANY of any payments due from FRANCHISEE LICENSE OWNER after any breach by LICENSE OWNER of this Agreement. Neither COMPANY nor FRANCHISEE LICENSE OWNER shall be liable for loss or damage or deemed to be in breach of this Agreement if their its failure to perform its obligations results fromfrom any of the following and is not caused by the non-performing party: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (3v) acts of God; (4) fires, strikes, embargoes, war or riot; or (5vi) any other similar event acts of war or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.insurrection; or

Waiver of Obligations. COMPANY and FRANCHISEE 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 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 by COMPANY either Party shall be without prejudice to any other rights COMPANY right that Party may have, will be subject to continuing review by COMPANY review, and may be revoked, in COMPANYat the waiving Party's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten the other often (10) days' prior written notice. COMPANY CARRIER and FRANCHISEE AGENT shall not be deemed to have waived 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 herein, or to declare any breach thereof hereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties Parties at variance with the terms hereof; hereof or any failure, refusal or neglect of COMPANY CARRIER or FRANCHISEE AGENT 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; rule or procedure, or any waiver, forebearanceforbearance, delay, failure or omission by COMPANY CARRIER to exercise any right, power or option, whether of the same, similar or different nature, with respect to one or more other TREATS Stores; or COMPANY's acceptance of any payments due from FRANCHISEE after any breach of this Agreement. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafterauthorized agents.

Waiver of Obligations. COMPANY We and FRANCHISEE 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 such other another effective date stated in the notice of waiver. Any waiver granted by COMPANY shall will be without prejudice to any other rights COMPANY may we or you have, will be subject to continuing review by COMPANY review, and may be revoked, in COMPANY's sole discretion, revoked at any time and for any reason, reason effective upon delivery to FRANCHISEE of ten (10) days' ’ prior written notice. COMPANY We and FRANCHISEE shall you will not be deemed to have waived waive or impaired impair any right, power power, or option reserved by this Agreement reserves (including, without limitation, the our 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 prior to before the expiration of its termTerm expires) by virtue because of any custom or practice of the parties at variance with the terms hereofthat varies from this Agreement’s terms; any our or your failure, refusal refusal, or neglect of COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact the other’s compliance by the other with its obligations hereunderthis Agreement, including, without limitation, any System Standard; any waiver, forebearance, delay, our waiver of or failure or omission by COMPANY to exercise any right, power power, or option, whether of the same, similar similar, or different nature, with respect to other TREATS StoresKIDVILLE Facilities; the existence of franchise agreements for other KIDVILLE Facilities that contain provisions differing from those contained in this Agreement; or COMPANY's our acceptance of any payments due from FRANCHISEE 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, which then will have no effect. Neither COMPANY we nor FRANCHISEE shall you will be liable for loss or damage or deemed to be in breach of this Agreement if their our or your failure to perform our or your obligations results from: : (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, 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 compliance with the orders, requests, regulations, or recommendations or instructions of any federal, state state, or municipal government or any department or agency thereof; government; (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; ; (43) fires, strikes, embargoes, war war, acts of terrorism or similar events, or riot; or or (54) any other similar event or cause. Any delay resulting from any of said these causes shall will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said these causes shall will not excuse payments of amounts owed at the time of such the occurrence or payment of royalties Royalties, Fund contributions, and other amounts due on any sales thereafterafterward.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and 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 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 by the COMPANY shall be without prejudice to any other rights the COMPANY may have, will be subject to continuing review by COMPANY the COMPANY, and may be revoked, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days' prior written notice. The COMPANY and FRANCHISEE shall not be deemed to have waived or impaired any right, power power, or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition and covenant herein herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the expiration of its term) ), by virtue of any custom or practice of the parties at variance with the terms hereof; , any failure, refusal refusal, or neglect of the COMPANY or 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 Standardmandatory specification, standard, or operating procedure; any waiver, forebearanceforbearance, delay, failure or omission by the COMPANY to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to other TREATS Stores; "TCBY" stores, or COMPANY's the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreement. Neither the COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform their respective obligations results from: : (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material material, or energy 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 instructions of any federal, state state, or municipal government government, or any department or agency thereof; ; (2) compliance with any law, ruling, order, regulation, requirement requirement, or instruction of any federal, state state, or municipal government government, or any department or agency thereof; ; (3) acts of God; ; (4) acts or omissions of the other party; (5) fires, strikes, embargoes, war war, or riot; or or (56) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.

Waiver of Obligations. COMPANY i. The Company and FRANCHISEE 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 such other effective date stated in the notice of waiver. Any waiver granted by COMPANY the Company shall be without prejudice to any other rights COMPANY the Company may have, will be subject to continuing review by COMPANY the Company and may be revoked, in COMPANYthe Company's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Distributor of ten thirty (1030) days' prior written notice. COMPANY The Company and FRANCHISEE Distributor 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 Agreement the Franchise prior to the its expiration of its termdate) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of COMPANY the Company or FRANCHISEE Distributor to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder, hereunder including, without limitation, any System Standardmandatory specification, standard or operating procedure; any waiver, forebearanceforbearance, delay, failure or omission by COMPANY the Company to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other TREATS StoresNational Supply Network Distributorship; or COMPANY's the acceptance by the Company of any payments due from FRANCHISEE Distributor after any breach by Distributor of this Agreement. ii. The Company makes no warranties or guaranties upon which Distributor may rely, and assumes no liability or obligation to Distributor, by granting any waiver, approval or consent to 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 subject to continuing review by the Company, and may be revoked, in 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 COMPANY the Company nor FRANCHISEE Distributor shall be liable to the other for loss defaults or damage or deemed to be delays in breach the performance of this Agreement if their failure to perform respective obligations results from: (1) transportation shortageshereunder in any case where such performance is rendered commercially impractical by reason of any Acts of God, inadequate supply of equipment, merchandise, supplies, labor, material or energy or the voluntary foregoing public enemy, acts or demands of any government or governmental agency; strikes, fires, floods, 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 such circumstances will promptly notify the other party in writing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department or agency existence and expected duration 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; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of royalties due on any sales thereafter.