Common use of Waiver of Obligations and Force Majeure Clause in Contracts

Waiver of Obligations and Force Majeure. Hyatt and Franchisee may unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement only by a signed written instrument, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights Hyatt or Franchisee have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' prior written notice_ Hyatt and Franchisee will not waive or impair any right, power, or option this Agreement reserves (including Hyatt's right to demand compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because of any custom or practice that varies from this Agreement's terms; Hyatt's or Franchisee's failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including any System Standard; Hyatt's waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or Hyatt's acceptance of any payments due from Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to either party will be a waiver, compromise, settlement, or accord and satisfaction. The receiving party is authorized to remove any legend or endorsement, and it will have no effect. Neither Hyatt nor Franchisee will be liable for loss or damage or be in breach of this Agreement, including Franchisee's obligations to develop and open the Hotel under Article II, if Hyatt's or Franchisee's failure to perform their respective obligations results from Force Majeure. Any delay resulting from Force Majeure will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that Force Majeure will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees, Contributions or other payments due afterward.

Waiver of Obligations and Force Majeure. Hyatt and Franchisee may unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement only by a signed written instrument, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights Hyatt or Franchisee have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' ’ prior written notice_ . Hyatt and Franchisee will not waive or impair any right, power, or option this Agreement reserves (including Hyatt's ’s right to demand compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because of any custom or practice that varies from this Agreement's ’s terms; Hyatt's ’s or Franchisee's ’s failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's ’s compliance with this Agreement, including any System Standard; Hyatt's ’s waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or Hyatt's ’s acceptance of any payments due from Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to either party will be a waiver, compromise, settlement, or accord and satisfaction. The receiving party is authorized to remove any legend or endorsement, and it will have no effect. Hyatt Place 2012-2013 FA EAST\47813269.4 Neither Hyatt nor Franchisee will be liable for loss or damage or be in breach of this Agreement, including Franchisee's ’s obligations to develop and open the Hotel under Article II, if Hyatt's ’s or Franchisee's ’s failure to perform their respective obligations results from Force Majeure. Any delay resulting from Force Majeure will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that Force Majeure will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees, Contributions or other payments due afterward.

Waiver of Obligations and Force Majeure. Hyatt Franchisor and Franchisee may in writing unilaterally waive or reduce any contractual obligation of or restriction upon the other under this Agreement only by a signed written instrumentother, effective upon delivery of written notice to the other or another effective date stated in the notice waiver notice. However, no interpretation, change, termination, or waiver of any provision of this Agreement will bind Franchisor unless in writing, signed by one of Franchisor’s officers, and specifically identified as an amendment to this Agreement. No modification, waiver, termination, discharge, or cancellation of this Agreement affects the right of any party to this Agreement to enforce any claim or right under this Agreement, whether or not liquidated, which occurred before the date of such modification, waiver, termination, discharge, or cancellation. Any waiver granted will be is without prejudice to any other rights Hyatt Franchisor or Franchisee havehas, will be is subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' ’ prior written notice_ Hyatt . Franchisor and Franchisee will not waive or impair any right, power, or option this Agreement reserves (including Hyatt's Franchisor’s right to demand Franchisee’s strict compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Initial Term expires) because of any custom or practice that varies varying from this Agreement's ’s terms; Hyatt's Franchisor’s or Franchisee's ’s failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's ’s compliance with this Agreement, including Franchisee’s compliance with any System Standardof Franchisor’s standards and specifications; Hyatt's Franchisor’s waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place HotelsWING ZONE Restaurants; the existence of franchise agreements for other Hyatt Place Hotels that contain WING ZONE Restaurants containing provisions differing from those contained in this Agreement; or Hyatt's Franchisor’s acceptance of any payments due from Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check payment or similar item given to either party Franchisor will be a waiver, compromise, settlement, or accord and satisfaction. The receiving party is authorized to Franchisor may remove any legend or endorsement, and it which will have no effect. INITIALS: ______: ______ WING ZONE FA (FINAL 2021) FUTURE LABS IX, INC. EAST 37 Neither Hyatt Franchisor nor Franchisee will be liable for loss or damage or be in breach of this Agreement, including Franchisee's obligations to develop and open the Hotel under Article II, Agreement if Hyatt's or Franchisee's its failure to perform their respective obligations results from Force Majeurefrom: (i) acts of God; (ii) fires, strikes, embargoes, war, terrorist acts or similar events, or riot; (iii) compliance with the orders, requests, or regulations of any federal, state, or municipal government; or (iv) any other similar event or cause. Any delay resulting from Force Majeure these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. However, except that Force Majeure these causes will not excuse payments payment of amounts owed at the time of the occurrence or payment of Royalty Fees, Contributions or other payments amounts due afterward. Under no circumstances do any financing delays, difficulties, or shortages excuse Franchisee’s failure to perform or delay in performing its obligations under this Agreement.

Waiver of Obligations and Force Majeure. Hyatt and Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement only by a signed written instrumentAgreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights Hyatt or Franchisee have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' ’ prior written notice_ . Hyatt and Franchisee will not waive or impair any right, power, or option this Agreement reserves (including Hyatt's ’s right to demand compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the Term expires) because of any custom or practice that varies from this Agreement's ’s terms; Hyatt's ’s or Franchisee's ’s failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's ’s compliance with this Agreement, including any System Standard; Hyatt's ’s waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Hyatt Place Franchise System Hotels; the existence of franchise agreements for other Hyatt Place Franchise System Hotels that contain provisions differing from those contained in this Agreement; or Hyatt's ’s acceptance of any payments due from Franchisee after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to either party will be a waiver, compromise, settlement, or accord and satisfaction. The receiving party is authorized to remove any legend or endorsement, and it they will have no effect. Neither Hyatt nor Franchisee will be liable for loss or damage or be in breach of this Agreement, including Franchisee's ’s obligations to develop and open the Hotel under Article II, if Hyatt's ’s or Franchisee's ’s failure to perform their respective obligations results from Force Majeure. Any delay resulting from Force Majeure will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that Force Majeure will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees, Contributions Fees or other payments due afterward.