Common use of Waiver of Obligations Clause in Contracts

Waiver of Obligations. i. The Company and 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 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. The Company and 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 the Franchise prior to its expiration date) 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 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 mandatory specification, standard or operating procedure; any waiver, forbearance, 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 any other National Supply Network Distributorship; or the acceptance by the Company of any payments from 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.

Waiver of Obligations. i. The Company COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and Distributor 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 COMPANY shall be without prejudice to any other rights the Company COMPANY may have, will be subject to continuing review by the Company COMPANY, and may be revoked, in the CompanyCOMPANY's sole discretion, at any time and for any reason, effective upon delivery to Distributor FRANCHISEE of thirty ten (3010) days' days prior written notice. The Company and Distributor COMPANY 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 the Franchise prior to its expiration dateFranchise) 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 Distributor COMPANY to exercise any right under this Agreement or to insist upon exact compliance by the other with its FRANCHISEE's obligations hereunder (including, without limitation, any mandatory format, specification, standard standard, method, or operating procedureprocedure required by the COMPANY) ; any waiver, forbearance, delay, failure failure, or omission by the Company COMPANY to exercise any right, power power, or option, whether of the same, similar similar, or different nature, with respect to any other National Supply Network DistributorshipFloridino's Restaurants; or the acceptance by the Company COMPANY of any payments due from Distributor FRANCHISEE 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c..

Waiver of Obligations. i. The Company COMPANY and Distributor 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 the Company COMPANY shall be without prejudice to any other rights the Company COMPANY may have, will be subject to continuing review by the Company COMPANY and may be revoked, in the CompanyCOMPANY's sole discretion, at any time and for any reason, effective upon delivery to Distributor FRANCHISEE of thirty ten (3010) days' prior written notice. The Company COMPANY and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration dateterm) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of the Company COMPANY or Distributor FRANCHISEE 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 mandatory specification, standard or operating procedureSystem Standard; any waiver, forbearanceforebearance, delay, failure or omission by the Company COMPANY to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other National Supply Network DistributorshipTREATS Stores; or the COMPANY's acceptance by the Company of any payments due from Distributor FRANCHISEE 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 the Company COMPANY nor Distributor FRANCHISEE shall be liable for loss or damage or deemed to the other for defaults or delays be in the performance breach of this Agreement if their respective failure to perform obligations hereunder in any case where such performance is rendered commercially impractical by reason of any Acts of God, or the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.results from:

Waiver of Obligations. i. The Company We and Distributor 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 the Company shall will be without prejudice to any other rights the Company may we or you have, will be subject to continuing review by the Company review, and may be revoked, in the Company's sole discretion, revoked at any time and for any reason, reason effective upon delivery to Distributor of thirty ten (3010) days' ’ prior written notice. The Company We and Distributor 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 before the Franchise prior to its expiration dateTerm 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 the Company or Distributor to exercise any right under this Agreement or to insist upon exact the other’s compliance by the other with its obligations hereunder includingthis Agreement, without limitation, including any mandatory specification, standard System Standard; our waiver of or operating procedure; any waiver, forbearance, delay, 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 any other National Supply Network DistributorshipHyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or the our acceptance by the Company of any payments due from Distributor you after any breach by Distributor of this Agreement. iiNo 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. The Company makes no warranties We are authorized to remove any legend or guaranties upon which Distributor may relyendorsement, and assumes they will have no liability effect. Neither we nor you will be liable for loss or obligation damage or be in breach of this Agreement if our or your failure to Distributorperform our or your obligations results from: (1) compliance with the orders, by granting any waiverrequests, approval or consent to Distributorregulations, or by reason recommendations of any neglectfederal, delay state, or denial municipal government; (2) acts of any request therefor. Any waiver granted by the Company shall be without prejudice to God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) 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 the Company nor Distributor shall be liable to the other for defaults similar event 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 the 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 existence and expected duration thereofcause. 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. c., 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. i. The Company and Distributor 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 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. The Company and 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 the Franchise prior to its expiration date) 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 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 mandatory specification, standard or operating procedure; any waiver, forbearance, 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 any other National Supply Network Distributorship; or the acceptance by the Company of any payments from 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 ten (3010) days' prior written noticenotice to Master Franchisor. The Company and Master Franchisor 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 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: (i) any custom or practice of the parties at variance with the terms hereof; (ii) any failure, 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 with its obligations hereunder, including, without limitation, any mandatory specification, standard or operating procedure; (iii) any waiver, forbearance, 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 any other Sterling Optical Center; or (iv) the acceptance by the Company of any payments from Master Franchisor after any breach by Master Franchisor of this Agreement. Neither the Company nor Distributor Master Franchisor shall be liable for any loss or damage or deemed to the other for defaults be in breach of this Agreement if its failure to perform its obligations results from: (i) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material 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 Godenergy, or the public enemyvoluntary forgoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, acts requests, regulations, recommendations or demands instructions of any federal, state or municipal government or governmental agencyany department or agency thereof; (ii) 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; (iv) fires, strikes, firesembargoes, floods, accidents war or riot; or (v) any other unforeseen causes beyond its reasonable control and not due to its fault similar event or negligence. The party seeking relief hereunder by reason of such circumstances will promptly notify the other party in writing of the existence and expected duration thereofcause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c., except that said causes shall not excuse payment of amounts owed at the time of such occurrence or payment of Royalty Fees or Advertising Contributions due on any sales thereafter.

Waiver of Obligations. i. The Company and Distributor 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 the Company either Party shall be without prejudice to any other rights the Company right that Party may have, will be subject to continuing review by the Company review, and may be revoked, in at the Companywaiving Party's sole discretion, at any time and for any reason, effective upon delivery to Distributor the other of thirty ten (3010) days' prior written notice. The Company BCN and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 the Company BCN or Distributor AGENT 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 mandatory specificationrule or procedure, standard or operating procedure; any waiver, forbearance, delay, failure or omission by the Company BCN to exercise any right, power or option, whether of the same, similar or different nature, with respect to any one or more other National Supply Network Distributorship; or the acceptance by the Company of any payments from 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.authorized agents.

Waiver of Obligations. i. The Company LICENSOR and Distributor 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 the Company shall be without prejudice to any other rights the Company may haveLICENSOR or MASTER LICENSEE has, will be subject to continuing review by the Company LICENSOR and MASTER LICENSEE, and may be revoked, in the Company's sole discretion, revoked prospectively by LICENSOR or MASTER LICENSEE at any time and for any reason, effective upon delivery to Distributor of thirty ten (3010) days' prior written notice. The Company Any waiver must be in writing to be enforceable. LICENSOR makes no warranties or guarantees upon which MASTER LICENSEE may rely, and Distributor 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 the Franchise prior to its expiration datedefault) 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 the Company LICENSOR or Distributor MASTER LICENSEE to exercise any right under this Agreement right, or to insist upon exact the other's compliance by the other with its obligations hereunder includingobligations, without limitation, any mandatory specification, standard or operating procedureunder this Agreement; any waiver, forbearance, delay, failure failure, or omission by the Company LICENSOR to exercise any right, power power, or option, whether of the same, similar similar, or different nature, with respect to other master licensees or any other National Supply Network DistributorshipCARIBOU COFFEE Coffeehouse; or the LICENSOR's acceptance by the Company of any payments payment from Distributor MASTER LICENSEE 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c..

Waiver of Obligations. i. The Company COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and Distributor 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 COMPANY shall be without prejudice to any other rights the Company COMPANY may have, will be subject to continuing review by the Company COMPANY, and may be revoked, in the CompanyCOMPANY's sole discretion, at any time and for any reason, effective upon delivery to Distributor FRANCHISEE of thirty ten (3010) days' prior written notice. The Company COMPANY and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 COMPANY or Distributor FRANCHISEE 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 mandatory specification, standard standard, or operating procedure; any waiver, forbearance, delay, failure or omission by the Company COMPANY to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to any other National Supply Network Distributorship; "TCBY" stores, or the acceptance by the Company COMPANY of any payments due from Distributor FRANCHISEE 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 the Company COMPANY nor Distributor FRANCHISEE shall be liable for loss or damage or deemed to the other for defaults or delays be in the performance breach of this Agreement if failure to perform their respective obligations hereunder in any case where such performance is rendered commercially impractical by reason results from: (1) transportation shortages, inadequate supply of any Acts of Godlabor, material, or energy, or the public enemyvoluntary 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) acts or demands omissions of any government or governmental agencythe other party; (5) fires, strikes, firesembargoes, floodswar, accidents or riot; or (6) any other unforeseen causes beyond its reasonable control and not due to its fault similar event or negligence. The party seeking relief hereunder by reason of such circumstances will promptly notify the other party in writing of the existence and expected duration thereofcause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c..

Waiver of Obligations. i. The Company We and Distributor 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 the Company us shall be without prejudice to any other rights the Company we may have, will be subject to our continuing review by the Company and may be revoked, in the Company's our sole discretion, at any time and for any reason, effective upon delivery to Distributor you of thirty ten (3010) days' ’ prior written notice. The Company We and Distributor 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 the Franchise prior to its expiration date) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal or neglect of the Company ours or Distributor 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 mandatory specification, standard or operating procedurehereunder; any waiver, forbearance, delay, failure or omission by the Company us to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other National Supply Network DistributorshipCareBuilders At Home Offices; or the our acceptance by the Company of any payments due from Distributor you 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 the Company we nor Distributor you shall be liable for loss or damage or deemed to the other for defaults be in breach of this Agreement if our or delays in the performance of their your failure to perform our respective obligations hereunder in any case where such performance is rendered commercially impractical by reason results from: (1) transportation shortages, inadequate supply of any Acts of Godequipment, merchandise, supplies, labor, material or energy, or the public enemyright to acquire or use any of the foregoing in order to accommodate or comply with the orders, acts requests, regulations, recommendations or demands instructions of any federal, state or municipal government or governmental agencyany 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, firesembargoes, floodswar or riot; or (5) any other similar event or cause, accidents except where you are found to have deliberately or other unforeseen causes beyond its reasonable control and not due to its fault by gross negligence been the direct or negligence. The party seeking relief hereunder by reason of such circumstances will promptly notify the other party in writing indirect cause of the existence and expected duration thereofcalamity. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c., except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of Continuing Royalty Fees, Brand Development Fees or other payments due hereunder.

Waiver of Obligations. i. The Company COMPANY and Distributor 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 the Company COMPANY: (1) shall be without prejudice to any other rights the Company COMPANY may have, (2) will be subject to continuing review by the Company COMPANY, and (3) as to continuing waivers, may be revokedrevoked prospectively, in the CompanyCOMPANY's sole discretion, at any time and for any reason, effective upon delivery to Distributor DEVELOPER of thirty ten (3010) days' prior written notice. The Company COMPANY and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 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 mandatory specification, standard or operating procedure; any waiver, forbearance, 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 any other National Supply Network Distributorship; or the acceptance by the Company of any payments from 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.any:

Waiver of Obligations. i. The Company and Distributor 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 the Company either Party shall be without prejudice to any other rights the Company right that Party may have, will be subject to continuing review by the Company review, and may be revoked, in at the Companywaiving Party's sole discretion, at any time and for any reason, effective upon delivery to Distributor the other of thirty ten (3010) days' prior written notice. The Company CARRIER and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 the Company CARRIER or Distributor 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 mandatory specificationrule or procedure, standard or operating procedure; any waiver, forbearance, delay, failure or omission by the Company CARRIER to exercise any right, power or option, whether of the same, similar or different nature, with respect to any one or more other National Supply Network Distributorship; or the acceptance by the Company of any payments from 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.authorized distributors.

Waiver of Obligations. i. The Company and Distributor 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 the Company Franchisor shall be without prejudice to any other rights the Company Franchisor may have, will be subject to continuing review by the Company Franchisor, and may be revoked, in the CompanyFranchisor's sole discretion, at any time and for any reason, effective upon delivery to Distributor Franchisee of thirty (30) days' days prior written notice. The Company Franchisor and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 Franchisor or Distributor Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with its obligations hereunder by this Agreement, including, without limitation, any mandatory specification, standard standard, or operating procedure; any waiver, forbearance, delay, failure failure, or omission by the Company Franchisor to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other National Supply Network Distributorshipthe Franchised Restaurant; or the acceptance by the Company Franchisor of any payments due from Distributor Franchisee 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c..

Waiver of Obligations. i. The Company COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon MARRIOTT under this Agreement, and Distributor 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 COMPANY shall be without prejudice to any other rights the Company COMPANY may have, will be subject to continuing review by the Company COMPANY, and may be revoked, in the CompanyCOMPANY's sole discretion, at any time and for any reason, effective upon delivery to Distributor MARRIOTT of thirty ten (3010) days' prior written notice. The Company COMPANY and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 COMPANY or Distributor MARRIOTT 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 mandatory specification, standard or operating procedure; any waiver, forbearance, delay, failure or omission by the Company COMPANY to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other National Supply Network Distributorship; "TCBY" stores, or the acceptance by the Company COMPANY of any payments due from Distributor MARRIOTT 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 the Company COMPANY nor Distributor MARRIOTT shall be liable for loss or damage or deemed to the other for defaults be in breach of this Agreement if its failure to perform its obligations results from: (1) transportation shortages, inadequate supply of labor, material 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 Godenergy, or the public enemyvoluntary 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) acts or demands omissions of any government or governmental agencythe other party; (5) fires, strikes, firesembargoes, floodswar, accidents or riot; or (6) any other unforeseen causes similar event or cause beyond its the 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 existence and expected duration thereofparty 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. c..

Waiver of Obligations. i. The Company COMPANY and Distributor 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 the Company COMPANY (1) shall be without prejudice to any other rights the Company COMPANY may have, (2) will be subject to continuing review by the Company COMPANY, and (3) as to continuing waivers, may be revokedrevoked prospectively, in the CompanyCOMPANY's sole discretion, at any time and for any reason, effective upon delivery to Distributor LICENSE OWNER of thirty ten (3010) days' prior written notice. The Company COMPANY and Distributor 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 the Franchise this Agreement prior to the expiration 77 200 of its expiration date) 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 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 mandatory specification, standard or operating procedure; any waiver, forbearance, 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 any other National Supply Network Distributorship; or the acceptance by the Company of any payments from 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.any:

Waiver of Obligations. i. The Company LICENSOR and Distributor 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 the Company LICENSOR shall be without prejudice to any other rights the Company LICENSOR may have, will be subject to continuing review by the Company LICENSOR, and may be revoked, in the CompanyLICENSOR's sole discretion, at any time and for any reason, effective upon delivery to Distributor receipt by LICENSEE of thirty ten (3010) days' days prior written notice. The 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 Distributor 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 the Franchise this Agreement prior to the expiration of its expiration dateterm) 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 the Company or Distributor 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 mandatory specification, standard or operating procedureAgreement; any waiver, forbearance, delay, failure or omission by the Company LICENSOR to exercise any right, power or option, whether of the same, similar or different nature, with respect to any other National Supply Network Distributorshipagainst licensees or LICENSEES of the Marks of the System outside the Exclusive Territory; or the acceptance by the Company LICENSOR of any payments payment due from Distributor LICENSEE 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 the Company LICENSOR nor Distributor LICENSEE shall be liable for loss or damage due to the other for defaults or delays delay in the its performance of their respective its obligations hereunder in any case where such performance is rendered commercially impractical by reason resulting from transportation shortages, inadequate supply of any Acts of Godlabor, material or energy, or the public enemyvoluntary 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 department of agency thereof; acts of God; acts or demands omissions of any government or governmental agencythe other party; fires; strikes; embargoes; wars, fires, floods, accidents riot or any other unforeseen causes beyond its reasonable control and not due to its fault similar event or negligence. The party seeking relief hereunder by reason of such circumstances will promptly notify the other party in writing of the existence and expected duration thereofcause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c..

Waiver of Obligations. i. The Company Franchisor and Distributor 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 the Company Franchisor shall be without prejudice to any other rights the Company Franchisor may have, will be subject to continuing review by the Company Franchisor, and may be revoked, in the Company's Franchisor’s sole discretion, at any time and for any reason, effective upon delivery to Distributor Master Franchisee of thirty ten (3010) days' ’ prior written notice. The Company Franchisor and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 Franchisor or Distributor Master Franchisee 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 mandatory specification, standard or operating procedureSystem Standard; any waiver, forbearance, delay, failure failure, or omission by the Company Franchisor to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to any other National Supply Network DistributorshipPLANET BEACH® business or any franchise agreement; or the acceptance by the Company Franchisor of any payments payment from Distributor Master Franchisee 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 the Company Franchisor nor Distributor Master Franchisee shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from any of the other for defaults following and is not caused or delays in exacerbated by the performance of their respective obligations hereunder in non-performing party: compliance with any case where such performance is rendered commercially impractical by reason of any Acts of Godlaw, ruling, order, regulation, requirement, or the public enemy, acts or demands instruction of any government or governmental agencyany department or agency thereof; strikes, fires, floods, accidents acts of God; or other unforeseen causes beyond its reasonable control and not due to its fault acts of war or negligence. The party seeking relief hereunder by reason of such circumstances will promptly notify the other party in writing of the existence and expected duration thereofinsurrection. 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. c., except that said causes shall not excuse payment of amounts owed at the time of such occurrence or payment of Royalty Fees thereafter.

Waiver of Obligations. i. The Company and Distributor 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 the Company either Party shall be without prejudice to any other rights the Company right that Party may have, will be subject to continuing review by the Company review, and may be revoked, in at the Companywaiving Party's sole discretion, at any time and for any reason, effective upon delivery to Distributor of thirty the other often (3010) days' prior written notice. The Company CARRIER and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 the Company CARRIER or Distributor AGENT 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 mandatory specificationrule or procedure, standard or operating procedure; any waiver, forbearance, delay, failure or omission by the Company CARRIER to exercise any right, power or option, whether of the same, similar or different nature, with respect to any one or more other National Supply Network Distributorship; or the acceptance by the Company of any payments from 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.authorized agents.

Waiver of Obligations. i. The Company Franchisor and Distributor 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 the Company Franchisor shall be without prejudice to any other rights the Company Franchisor may have, will be subject to continuing review by the Company Franchisor, and may be revoked, in the CompanyFranchisor's sole discretion, at any time and for any reason, effective upon delivery to Distributor Master Franchisee of thirty ten (3010) days' prior written notice. The Company Franchisor and Distributor 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 the Franchise this Agreement prior to the expiration of its expiration date) 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 Franchisor or Distributor Master Franchisee 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 mandatory specification, standard or operating procedureSystem Standard; any waiver, forbearance, delay, failure failure, or omission by the Company Franchisor to exercise any right, power power, or option, whether of the same, similar or different nature, with respect to any other National Supply Network DistributorshipQUIZNO'S Restaurants or any franchise agreement therefor; or the acceptance by the Company Franchisor of any payments payment from Distributor Master Franchisee 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 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 the 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 existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c..