Wxxxxx. The failure of either party to enforce any provision of ------ this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Wxxxxx. AMERICAN REBEL HOLDINGS, INC., ______________ __________________,
Wxxxxx xxx is making no representations and warranties with respect to the WXXXX Xxxx, and WAITR is accepting this license from Wxxxxx.xxx hereunder on an “as-is” basis and with all faults.
Wxxxxx xxx hereby releases, acquits, and forever discharges WAITR, its subsidiaries, affiliates, directors, shareholders, officers, agents, employees, attorneys, and all persons acting in concert with it, and its and their successors and assigns, from any and all claims of whatever kind or nature, in law or in equity, whether known or unknown, anywhere in the world, that Wxxxxx.xxx has against WAITR by reason of any matter, act, omission, cause or event whatever related to the Lawsuit, the WXXXXX.XXX Mxxx, the WXXXX Xxxx, or any use of the “WAITR” name that occurred prior to the Effective Date, excluding representations or obligations expressly included in this Agreement.
Wxxxxx xxx and WAITR each represent that they have the sole right and exclusive authority to execute this Agreement and to grant the releases and covenants of the full scope set forth herein, and to take all other actions required by this Agreement. LICENSE, RELEASE AND SETTLEMENT AGREEMENT Page 5 O3325003.v1
Wxxxxx. Xx waiver by Landlord of any condition or covenant herein ------- contained, or of any breach of any such condition or covenant, shall be held or taken to be a waiver of any subsequent breach of such covenant or condition, or to permit or excuse its continuance or any future breach thereof or of any condition or covenant, nor shall the acceptance of Rent by Landlord at any time when Tenant is in default in the performance or
Wxxxxx. Xxxxxxx shall not, and shall not permit any of its Subsidiaries to, take any action that (without regard to any action taken or agreed to be taken by Agouron or any of its affiliates) would (x) prevent Wxxxxx-Xxxxxxx from accounting for the business combination to be effected by the Merger as a pooling of interests, (y), it believes, prevent the Merger from qualifying as a reorganization within the meaning of Section 368(a) of the Code or (z) make any of the representations or warranties of Wxxxxx- Xxxxxxx contained in this Agreement untrue and incorrect such that it would have a Material Adverse Effect on Wxxxxx-Xxxxxxx or that would result in any of the conditions set forth in Article VI not being satisfied or materially delay the Closing.
Wxxxxx. Xx waiver by any party of a breach of any term or condition of this Agreement by any other party shall be effective unless in writing and duly executed by the waiving party. No such waiver shall constitute a waiver of any subsequent breach of the same or any other term or condition of this Agreement.
Wxxxxx. Xxx xxxxxx by the Corporation of the breach of any provision of this Agreement by the Employee shall not operate or be construed as a waiver of any subsequent breach by the Employee.
Wxxxxx. Xxx xxxver by any party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
