Common use of Waiver; Rights Cumulative Clause in Contracts

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents or representatives, nor any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party at a later time to enforce the performance of such provision. No waiver by any party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller EXCO or BuyerBG, or their respective officers, employees, agents agents, or representatives, nor any failure by Seller EXCO or Buyer BG to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller EXCO and Buyer BG under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents or representatives, nor any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party at a later time to enforce the performance of such provision. No waiver by any party of any condition, or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents or representatives, nor representatives or any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Seller or Buyer of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party Party hereto waiving compliance. No course of dealing on the part of Seller or Buyer, their respective Affiliates or their respective officers, employees, agents or representatives, representatives nor any failure by Seller or Buyer to exercise any of its rights under this Agreement Agreement, shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Seller or Buyer of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warrantywarranty in this Agreement. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Sellers or Buyer, or their respective officers, employees, agents or representatives, nor representatives or any failure by Seller Sellers or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Sellers or Buyer of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller Sellers and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Guarantor or BuyerBeneficiaries, or their respective officers, employees, agents agents, or representatives, nor any failure by Seller Guarantor or Buyer Beneficiaries to exercise any of its their rights under this Agreement Guaranty shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this AgreementGuaranty, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller Guarantor and Buyer Beneficiaries under this Agreement Guaranty shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents or representatives, nor representatives or any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Seller or Buyer of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a formal written instrument executed by or on behalf of the party Party hereto waiving compliance. No course of dealing on the part of Seller STO or BuyerSonterra, or nor by their respective officers, employees, agents agents, or representatives, nor any failure by Seller STO or Buyer Sonterra to exercise any of its rights under this Agreement shall operate as a waiver thereof or nor affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller STO and Buyer Sonterra under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Buyer, Parent or BuyerSeller, or their respective officers, employees, agents agents, or representatives, nor or any failure by Buyer, Parent or Seller or Buyer to exercise any of its rights under this Agreement Agreement, shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Buyer, Parent and Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof of this Agreement may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or BuyerService Provider and Company, or their respective officers, employees, agents or representatives, nor representatives or any failure by Seller or Buyer Service Provider and Company to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Service Provider and Company of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller Service Provider and Buyer Company under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Buyer, Seller, or Buyerthe Company, or their respective officers, employees, agents agents, or representatives, nor or any failure by Seller Buyer, Seller, or Buyer the Company to exercise any of its rights under this Agreement Agreement, shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller Buyer, Seller, and Buyer the Company under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No oral statement or course of dealing on the part of Seller or Buyerany Party, or their its respective officers, employees, agents agents, or representatives, nor or any failure by Seller or Buyer any Party to exercise any of its rights under this Agreement Agreement, shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller and Buyer each Party under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or BuyerService Provider and Owner, or their respective officers, employees, agents Representatives or representatives, nor any failure by Seller or Buyer Service Provider and Owner to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Service Provider and Owner of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller Service Provider and Buyer Owner under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents agents, or representatives, nor any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party a Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party Party hereto waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents agents, or representatives, nor any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Buyer or BuyerSellers, or their respective officers, employees, agents agents, or representatives, nor or any failure by Seller Buyer or Buyer Sellers to exercise any of its rights under this Agreement Agreement, shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller Buyer and Buyer Sellers under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or BuyerService Provider and Owner, or their respective officers, employees, agents or representatives, nor representatives or any failure by Seller or Buyer Service Provider and Owner to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Service Provider and Owner of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller Service Provider and Buyer Owner under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents Representatives or representatives, nor any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Seller or Buyer of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No oral statement or course of dealing on the part of Seller or Buyerany Party, or their its respective officers, employees, agents agents, or representatives, nor or any failure by Seller or Buyer any Party to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller and Buyer the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Buyer or BuyerSeller, or their respective officers, employees, agents agents, or representatives, nor or any failure by Buyer or Seller or Buyer to exercise any of its rights under this Agreement Agreement, shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Buyer and Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a formal written instrument executed by or on behalf of the party Party hereto waiving compliance. No course of dealing on the part of Seller or BuyerSonterra and STO, or nor by their respective officers, employees, agents agents, or representatives, nor any failure by Seller Sonterra or Buyer STO to exercise any of its rights under this Agreement shall operate as a waiver thereof or nor affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller Sonterra and Buyer STO under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Sellers or Buyer, Buyer or their respective officers, employees, agents agents, or representatives, nor any representatives and no failure by Seller Sellers or Buyer to exercise any of its their respective rights under this Agreement shall shall, in any case, operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller Sellers and Buyer under this Agreement shall be cumulative, cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyer, a Party or their respective officers, employees, agents agents, or representatives, nor any representatives and no failure by Seller or Buyer a Party to exercise any of its their rights under this Agreement shall shall, in each case, operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller and Buyer under this Agreement the Parties shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents or representatives, nor representatives or any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Seller or Buyer of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.. 13.11

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No oral statement or course of dealing on the part of Seller Buyer or BuyerSeller, or their respective officers, employees, agents agents, or representatives, nor or any failure by Buyer or Seller or Buyer to exercise any of its rights under this Agreement Agreement, shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Buyer and Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyerany Party, or their respective officers, employees, agents or representatives, nor any representatives and no failure by Seller or Buyer a Party to exercise any of its rights under this Agreement shall will operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller and Buyer the Parties under this Agreement shall will be cumulative, and the exercise or partial exercise of any such right shall will not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyer, Buyer or their respective officers, employees, agents or representatives, nor any representatives and no failure by Seller or Buyer to exercise any of its rights under this Agreement shall shall, in each case, operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Gastar or BuyerParticipant, or their respective officers, employees, agents agents, or representatives, nor any failure by Seller Gastar or Buyer Participant to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation representation, or warranty. The rights of Seller and Buyer Gastar or Participant under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party Party hereto waiving compliance. No course of dealing on the part of Seller or Buyer, or their respective officers, employees, agents or representatives, nor representatives or any failure by Seller or Buyer to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such party Person at a later time to enforce the performance of such provision. No waiver by any party Seller or Buyer of any condition, condition or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller Sellers or Buyer, Buyer or their respective officers, employees, agents agents, or representatives, nor any representatives and no failure by Seller Sellers or Buyer to exercise any of its their respective rights under this Agreement shall shall, in each case, operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller Sellers and Buyer under this Agreement shall be cumulative, cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

Waiver; Rights Cumulative. Any of the terms, covenants, representations, warranties or conditions hereof of this Agreement may be waived only by a written instrument executed by or on behalf of the party hereto Party waiving compliance. No course of dealing on the part of Seller or Buyer, Buyer or their respective officers, employees, agents or representatives, nor any representatives and no failure by Seller or Buyer to exercise any of its rights under this Agreement shall will, in each case, operate as a waiver thereof or affect in any way the right of such party Party at a later time to enforce the performance of such provision. No waiver by any party Party of any condition, or any breach of any term, covenant, representation, representation or warranty contained in this Agreement, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty. The rights of Seller and Buyer under this Agreement shall will be cumulative, and the exercise or partial exercise of any such right shall will not preclude the exercise of any other right.