Common use of Waiver Clause in Contracts

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in writing and a written document signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementParty charged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachfuture breach or failure to perform or of any other right arising under this Agreement.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Waiver. No waiver of any provision hereof of this Agreement or of the rights and obligations of the parties shall be effective unless made in writing and signed by the party waiving partycompliance. The failure of any party to require Any such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any a party to require the performance of any term or obligation of this Agreement, or the waiver by any a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of enforce any term condition or obligation part of this Agreement, or the waiver by Agreement at any party of any breach of this Agreement, time shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of that condition or part, nor shall it forfeit any subsequent breachrights to future enforcement thereof. Any waiver hereunder shall be effective only if delivered to the other party hereto in writing by the party making such waiver.

Waiver. No waiver of any provision hereof of this Agreement shall be effective valid unless made in writing and signed by the waiving party. The failure of any party at any time to require the insist upon strict performance of any term condition, promise, agreement or obligation of this Agreement, or the waiver by any party of any breach of this Agreementunderstanding set forth herein, shall not prevent be construed as a waiver or relinquishment of any subsequent enforcement other condition, promise, agreement or understanding set forth herein or of the right to insist upon strict performance of such term waived condition, promise, agreement or obligation or be deemed a waiver of understanding at any subsequent breachother time.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any right or obligation under or breach of this Agreement, shall not prevent any subsequent enforcement of such term term, right or obligation or be deemed a waiver of any prior or subsequent breachbreach of the same obligation.

Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in writing and a written document signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementParty charged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachother breach or failure to perform or of any other right arising under this Agreement.

Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in writing and a written document signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreementcharged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachfuture breach or failure to perform or of any other right arising under this Agreement.

Waiver. No waiver of any such provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made or modification in writing and signed by the waiving party. The failure of any party to require the performance of any term whole or obligation in part of this Agreement, or the waiver by any term or condition hereof, shall be effective against any party unless in writing and duly signed by the party sought to be bound. Any waiver of any breach of this Agreement, any provision hereof or any right or power by any party on one occasion shall not prevent any subsequent enforcement be construed as a waiver of, or a bar to, the exercise of such term right or obligation power on any other occasion or be deemed as a waiver of any subsequent breach.

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.

Waiver. No waiver of any provision hereof shall will be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term terms or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term terms or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall may be effective deemed to have been made unless made expressly in writing and signed by the waiving partyParty. The failure waiver by either Party of a breach or violation of any party to require the performance of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach of the same or other provision hereof. No failure by either Party to insist upon the strict performance of any provision of this Agreement may be construed as depriving that Party of the right to insist on strict performance of that provision or of any other provision in the future.

Waiver. No Neither modification of this Agreement nor any waiver of any provision term or condition hereof shall be effective unless made it is in writing and signed by the waiving partyparties hereto. The failure of any If either party fails to require meet the performance requirements of any term or obligation of this Agreement, Agreement or the waiver by any party of waives any breach of this Agreementhereunder, shall not that failure or waiver will neither prevent any a subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparry. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless ------ made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall right will be effective unless made given in writing and signed by the party waiving partyits rights. The failure of any party Failure to require the performance of enforce any term or obligation provision of this Agreement, exercise any option, or the require any performance, shall in no way be construed to be a waiver by any party of any breach such provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof rights under this Agreement shall be deemed effective unless made contained in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementParty charged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachfuture breach or failure to perform or any other right arising under this Agreement.

Waiver. No waiver of any provision hereof term or right in this Agreement shall be effective unless made in writing and writing, signed by an authorized representative of the waiving partyParty. The failure of either Party to enforce any party to require the performance of any term or obligation provision of this AgreementAgreement shall not be construed as a waiver or modification of such provision, or the waiver by impairment of its right to enforce such provision or any party of any breach other provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachAgreement thereafter.

Waiver. No Except as otherwise expressly provided in this Agreement, no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall of Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreementherein, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 18.

Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in a writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreementcharged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachfuture breach or failure to perform or of any other right arising under this Agreement.

Waiver. No waiver of any provision hereof shall be of this Agreement is effective unless made in writing and signed by the waiving party, and, in the case of the Company only after the waiver has been specifically approved by the Board. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver or release of any obligation under or provision hereof of this Agreement shall be valid or effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require insist on the performance of any term obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, any provision hereof shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach failure or refusal of any other party to comply with its obligations under this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any other or subsequent breachfailure or refusal to so comply by such other party. No waiver shall be valid unless in writing signed by the party to be charged and only to the extent therein set forth.

Waiver. No waiver of any provision hereof of this Agreement or of any rights or obligations of either party hereunder shall be effective unless made in writing and signed by the party waiving party. The failure of compliance, and any party to require such waiver shall be effective only in the performance of any term or obligation of this Agreement, or specific instance and for the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Waiver. No waiver of any provision hereof shall of this Agreement will be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either Party hereunder shall be effective, except pursuant to a written instrument signed by the Party waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Waiver. No waiver by any party hereto of any condition or any ------ breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party to require the performance of any term or obligation of this Agreement, or the A waiver by any party a Party of any a breach of or failure to perform this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachbreach or failure.

Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyparty or parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Escrow Agreement, or the waiver by any party of any breach of this Escrow Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision provisions hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 17.

Waiver. No waiver by either party of any provision of the requirements hereof or of any of its rights hereunder shall be effective unless made given in writing and signed by or on behalf of that party and no forbearance, delay or indulgence by either party in enforcing the waiving party. The failure of any party to require the performance of any term or obligation provisions of this Agreement, Agreement shall prejudice or restrict the rights of that party nor shall any waiver by any that party of any breach of this Agreement, shall not prevent the requirements hereof or any subsequent enforcement of such term or obligation or be deemed a waiver its rights hereunder release the other from full performance of any subsequent breachits remaining obligations stated herein.

Waiver. No waiver of any provision hereof of this Agreement shall be deemed effective unless made contained in a writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or against whom the waiver is sought to be enforced. No failure or delay by any party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy, and no waiver of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or failure to perform or of any other right arising under this Agreement.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The waiver of any breach of this Agreement by either party or the failure of any either party to require the performance of any term or obligation of this Agreement, in whole or the waiver by in part, in any party of any breach of this Agreement, one instance shall not constitute a waiver of or prevent any subsequent enforcement of such term or obligation in another instance or be deemed a waiver of any subsequent breach.

Waiver. No Except as otherwise provided in Section 7(c), no waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party hereto to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of or non-performance under this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachbreach or non-performance.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving partyExecutive and such officer as may be specifically designated by the Board. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver by any party of any provision of the provisions hereof shall be effective unless made explicitly set forth in writing and signed by the waiving partyparty so waiving. The failure of any party to require the performance of any term or obligation of this Agreement, or the No waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfailure, breach or default not expressly identified by such written waiver. No failure to exercise, or delay in exercising, or any single or partial exercise of any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 16.

Waiver. No waiver of any provision hereof right under this Agreement shall be deemed effective unless made contained in writing and a written document signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementParty charged with such waiver, or the and no waiver by any party of any breach of this Agreement, or failure to perform shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a waiver of any subsequent breachfuture breach or failure to perform or of any right arising under this Agreement.

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the party waiving partysuch condition or breach. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation operate as or be deemed construed to be a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement. Any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementAgreement (including any of the Continuing Obligations), or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. The failure of either Party to exercise any right conveyed hereunder shall not act as a waiver of that right. No waiver of any provision hereof shall be effective unless made in writing and signed by an authorized officer of the waiving partyParty charged with the waiver. The failure No waiver or breach of any party to require the performance of any term or obligation provision of this Agreement, or the waiver by any party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed construed to be a waiver of any subsequent breachbreach of the same or any other provision.

Waiver. No waiver by any party hereto of any condition or any breach of any term or provision hereof set forth in this Agreement shall be effective unless made in writing and signed by the waiving partyeach party hereto. The failure waiver of a condition or any party to require the performance breach of any term or obligation provision of this AgreementAgreement shall not operate as, or the waiver by any party of any breach of this Agreementbe construed to be, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any other previous or subsequent breachbreach of any term or provision of this Agreement.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the Party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from the Agreement shall operate or be construed as a waiver thereof.

Waiver. No waiver of any provision hereof shall will be effective unless made documented in a writing and signed by an authorized representative of the waiving partyparty against which enforcement of the waiver is sought. The failure of any either party to require the insist upon strict performance of any term of the terms or obligation provisions of this the Agreement, or the waiver by any party exercise of any breach of this Agreementoption, right or remedy contained herein, shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachfuture application of such term, provision, option, right or remedy, and such term, provision, option, right or remedy shall continue and remain in full force and effect.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreementletter agreement, or the waiver by any party of any breach of this Agreementletter agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver by any party of any provision of the provisions hereof shall be (i) effective unless made explicitly set forth in writing and signed by the party so waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed (ii) construed as a waiver of the same provision at any subsequent breachtime in the future or of any other provision. No failure to exercise or delay in exercising any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party part to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless ------- made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party Party to require the performance of any term or obligation of this Agreement, or the waiver by any party Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of a breach of any provision hereof shall be of this Agreement is effective unless made approved in writing and signed by the waiving party. The failure If a party at any time fails to demand strict performance by the other of any party to require of the performance of any term terms, covenants or obligation of conditions set forth in this Agreement, or the that waiver by any party of any breach of this Agreement, shall does not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any prior, concurrent, or subsequent breachbreach of the same or any other provision of this Agreement.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ​

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by both of the waiving partyparties hereto. The failure waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any preceding or succeeding breach, and no failure by either party to require the performance of exercise any term right or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, privilege hereunder shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of such party’s rights or privileges hereunder or shall be deemed a waiver of such party’s rights to exercise the same at any subsequent breachtime or times hereunder.

Waiver. No waiver of any provision hereof or right arising pursuant to this Agreement shall be effective unless made in writing and signed executed by the waiving partyparty against whom enforcement of such waiver is sought and then only to the extent expressly specified therein. No oral waiver may be implied. The failure of any party either Sub-Adviser or Adviser to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. a. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No An effective waiver under this Agreement must be in writing signed by the party waiving its right. The failure of either party to require performance by the other party of any provision hereof shall be effective unless made in writing and signed by not affect the waiving party. The failure of any party full right to require the such performance of at any term or obligation of this Agreement, or time thereafter; nor shall the waiver by any either party of any a breach of this Agreement, shall not prevent any subsequent enforcement of such term provision hereof be taken or obligation or held to be deemed a waiver of subsequent breaches of that or any subsequent breachother provision hereof.

Waiver. No Any failure of either Party to enforce any provision hereof shall not constitute a waiver by that Party of its right subsequently to enforce the same or any other provision hereof. The waiver of any provision hereof of this Agreement shall only be effective unless made if in writing and signed by the waiving party. The failure of any party Party claimed to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of have waived such term or obligation or be deemed a waiver of any subsequent breachprovision.

Waiver. No waiver of any provision hereof of this Agreement or of any rights or obligations of either party hereunder shall be effective unless made in writing and signed by the party waiving partycompliance. The failure Any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing; no such waiver shall affect or impair the right of any the waiving party to require the observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachcondition.

Waiver. No waiver of any provision hereof of this Agreement or any rights or obligations of any party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective unless made only in writing the specific instance and signed by for the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of specific purpose stated in such term or obligation or be deemed a waiver of any subsequent breachwriting.

Waiver. No The waiver by either party of a breach of any provision hereof contained herein shall not be effective unless made in writing and signed by on behalf of the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or against whom the waiver by any party of any breach of this Agreement, is asserted. Any waiver shall not prevent any subsequent enforcement of such term or obligation or in no way be deemed construed as a waiver of any subsequent breachsucceeding breach of such provision or the waiver of the provision itself.

Waiver. No waiver Waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party xxxxx of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof waivers given with respect to this Agreement shall be effective unless made in writing and signed by the waiving partyparty granting the waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require the performance of any term or obligation of this Agreement, or the that provision. Any waiver by any either party of any breach of any provision of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachcontinuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.

Waiver. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or of any breach of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed to be a continuing waiver or a waiver of any subsequent breachother breach of such provision (or any other provision) on such occasion or any succeeding occasion.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ACTIVE/91802714.1

Waiver. No waiver by either Party of any provision hereof breach of any condition, covenant or term of this Agreement shall be effective unless made it is in writing and signed no failure or delay by the waiving party. The failure of any party to require the either Party in insisting upon strict performance of any term of the terms or obligation conditions of this Agreementagreement or in exercising any right, power or the waiver by any party of any breach of this Agreement, privilege hereunder shall not prevent any subsequent enforcement of such term or obligation or be deemed operate as a waiver of any subsequent breachthereof.

Waiver. No waiver of any provision hereof shall be effective ------ unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of or any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed assigned by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 15.

Waiver. No waiver of any provision hereof shall be effective unless made it is in writing and is signed by the waiving partyparty asserted to have granted such waiver. The Neither the failure nor any delay on the part of a party to exercise any right, power or remedy under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any party to require right, power or remedy preclude any other or further exercise of the performance same or of any term other right, power or obligation remedy, nor shall any waiver of this Agreement, or the waiver by any party of accountability with respect to any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or provision be deemed as a waiver of the accountability with respect to the breach of such provision thereof and any subsequent breachother provision.

Waiver. No waiver of any provision hereof of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any either party to require the performance of any term or obligation of this Agreement, or the waiver by any either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this AgreementPlan, or the waiver by any party of any breach of this AgreementPlan, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.. ​

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or nor be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof rights arising under this Agreement shall be effective unless made executed in writing and signed by the waiving party. The Party against whom such waiver is sought to be enforced, and any failure or delay of any party a Party, to require the demand performance of any term or obligation of this Agreement, or the waiver by any party of any breach provision of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any of its rights under the Agreement. The waiver of any breach of any provision herein contained shall not be deemed to be a waiver of such breach, or of any subsequent breachbreach of the same or other provision.

Waiver. No waiver of any provision hereof obligation by any party hereto under this Agreement shall be effective unless made in writing and signed writing, specifying such waiver, executed by the waiving partyparty making such waiver. The failure of any by either party to require enforce at any time or for any period any one or more of the performance terms or conditions of this Agreement shall not be a waiver of them or of the right at any term or obligation time subsequently to enforce all terms and conditions of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof provisions of this Agreement shall be effective unless made in writing and signed by the waiving partyParty. The failure of any party either Party to require the performance of any term or obligation of this Agreement, or the waiver by any party either Party of any breach of this Agreement, shall not prevent or serve as a defense to any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 14.

Waiver. No delay or failure on the part of any party in exercising any right hereunder shall impair any such right or any remedy of the party so delaying or failing. No waiver of any provision hereof of this Agreement shall be effective binding unless made executed in writing and signed by the waiving partyparty making the waiver. The failure No waiver of any party to require the performance of any term or obligation provision of this AgreementAgreement shall be deemed, or the waiver by any party of any breach of this Agreementshall constitute, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachother provision, whether or not similar, nor shall any waiver constitute a continuing waiver.

Waiver. No failure or delay on the part of any Party in exercising any right, power or remedy hereunder will operate as a waiver thereof. No provision of this Agreement will be waived by any act, omission or knowledge of a Party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving Party. The waiver by either of the Parties of any breach of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party other Party will not be construed to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breachsucceeding breach of such provision or a waiver of the provision itself.