Common use of Waiver of Obligations Clause in Contracts

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY shall be without prejudice to any other rights the COMPANY may have, will be subject to continuing review by the COMPANY, and may be revoked, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days prior written notice. The COMPANY shall not be deemed to have waived or impaired any right, power, or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, and covenant herein, or to declare any breach thereof to be a default and to terminate the Franchise) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, or neglect of the COMPANY to exercise any right under this Agreement or to insist upon exact compliance with FRANCHISEE's obligations hereunder (including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) ; any waiver, forbearance, delay, failure, or omission by the COMPANY to exercise any right, power, or option, whether of the same, similar, or different nature, with respect to other Floridino's Restaurants; or the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreement.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, We and FRANCHISEE you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other another effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY shall will be without prejudice to any other rights the COMPANY may we or you have, will be subject to continuing review by the COMPANYreview, and may be revoked, in the COMPANY's sole discretion, revoked at any time and for any reason, reason effective upon delivery to FRANCHISEE of ten (10) days days’ prior written notice. The COMPANY shall We and you will not be deemed to have waived waive or impaired impair any right, power, or option reserved by this Agreement reserves (including, without limitation, the including our right to demand exact compliance with every term, condition, and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement before the FranchiseTerm expires) by virtue because of any custom or practice of the parties at variance with the terms hereofthat varies from this Agreement’s terms; any our or your failure, refusal, or neglect of the COMPANY to exercise any right under this Agreement or to insist upon exact the other’s compliance with FRANCHISEE's obligations hereunder (includingthis Agreement, without limitation, including any format, specification, standard, method, System Standard; our waiver of or procedure required by the COMPANY) ; any waiver, forbearance, delay, failure, or omission by the COMPANY failure to exercise any right, power, or option, whether of the same, similar, or different nature, with respect to other Floridino's RestaurantsHyatt Place Hotels; the existence of franchise agreements for other Hyatt Place Hotels that contain provisions differing from those contained in this Agreement; or the our acceptance by the COMPANY of any payments due from FRANCHISEE you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, and they will have no effect. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (1) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (2) acts of God; (3) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (4) any other similar event or cause. Any delay resulting from any of these causes will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that these causes will not excuse payments of amounts owed at the time of the occurrence or payment of Royalty Fees or Contributions due afterward.

Waiver of Obligations. i. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, Company and FRANCHISEE Distributor may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY Company shall be without prejudice to any other rights the COMPANY Company may have, will be subject to continuing review by the COMPANY, Company and may be revoked, in the COMPANYCompany's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Distributor of ten thirty (1030) days days' prior written notice. The COMPANY Company and Distributor shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, herein or to declare any breach thereof to be a default and to terminate the FranchiseFranchise prior to its expiration date) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, refusal or neglect of the COMPANY Company or Distributor to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (including, without limitation, any format, mandatory specification, standard, method, standard or procedure required by the COMPANY) operating procedure; any waiver, forbearance, delay, failure, failure or omission by the COMPANY Company to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to any other Floridino's RestaurantsNational Supply Network Distributorship; or the acceptance by the COMPANY Company of any payments due from FRANCHISEE Distributor after any breach by Distributor of this Agreement.. ii. The Company makes no warranties or guaranties upon which Distributor may rely, and assumes no liability or obligation to Distributor, by granting any waiver, approval or consent to Distributor, or by reason of any neglect, delay or denial of any request therefor. Any waiver granted by the Company shall be without prejudice to any other rights the Company may have, will be subject to continuing review by the Company, and may be revoked, in the Company's sole discretion, at any time and for any reason, effective upon delivery to Distributor of thirty (30) days' prior written notice. iii. Neither the Company nor Distributor shall be liable to the other for defaults or delays in the performance of their respective obligations hereunder in any case where such performance is rendered commercially impractical by reason of any Acts of God, or the public enemy, acts or demands of any government or governmental agency; strikes, fires, floods, accidents or other unforeseen causes beyond its reasonable control and not due to its fault or negligence. The party seeking relief hereunder by reason of such circumstances will promptly notify the other party in writing of the existence and expected duration thereof. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. c.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY shall be without prejudice to any other rights the COMPANY may have, will be subject to continuing review by the COMPANY, COMPANY and may be revoked, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days days' prior written notice. The COMPANY and FRANCHISEE shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, herein or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchiseexpiration of its term) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, refusal or neglect of the COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) System Standard; any waiver, forbearanceforebearance, delay, failure, failure or omission by the COMPANY to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Floridino's RestaurantsTREATS Stores; or the COMPANY's acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreement.. Neither COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if their failure to perform obligations results from:

Waiver of Obligations. The COMPANY may Company and Master Franchisor may, by written instrument instrument, unilaterally waive or reduce any obligation of of, or restriction upon FRANCHISEE under this Agreementupon, and FRANCHISEE may the other as evidenced by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY Company shall be without prejudice to any other rights which the COMPANY Company may have, will be subject to continuing review by the COMPANYCompany, and may be revoked, in the COMPANYCompany's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days days' prior written noticenotice to Master Franchisor. The COMPANY Company and Master Franchisor shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (Agreement, including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant hereinherein contained, or to declare any breach thereof to be a default and to terminate this Agreement and the Franchise) license granted hereunder prior to the expiration of its term, by virtue of of: (i) any custom or practice of the parties at variance with the terms hereof; (ii) any failure, refusal, refusal or neglect of the COMPANY Company or Master Franchisor to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, mandatory specification, standard, method, standard or procedure required by the COMPANYoperating procedure; (iii) ; any waiver, forbearance, delay, failure, failure or omission by the COMPANY Company to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to any other Floridino's RestaurantsSterling Optical Center; or (iv) the acceptance by the COMPANY Company of any payments due from FRANCHISEE Master Franchisor after any breach by Master Franchisor of this Agreement. Neither the Company nor Master Franchisor shall be liable for any loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (i) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy, or the voluntary forgoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department or agency thereof; (ii) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency thereof; (iii) acts of God; (iv) fires, strikes, embargoes, war or riot; or (v) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payment of amounts owed at the time of such occurrence or payment of Royalty Fees or Advertising Contributions due on any sales thereafter.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive Franchisor or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANYFranchisor's prior approval or consent, FRANCHISEE Franchisee shall make a timely written request thereforto Franchisor, and such approval shall be obtained in writing. The COMPANY Franchisor makes no warranties or guarantees upon which FRANCHISEE Franchisee may rely, and assumes no liability or obligation to FRANCHISEEFranchisee, by granting any waiver, approval, or consent to FRANCHISEE, Franchisee or by reason of any neglect, delay, or denial of any request thereforby Franchisor. Any waiver granted by the COMPANY Franchisor shall be without prejudice to any other rights the COMPANY Franchisor may have, will be subject to continuing review by the COMPANYFranchisor, and may be revoked, in the COMPANYFranchisor's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Franchisee of ten thirty (1030) days prior written notice. The COMPANY Franchisor and Franchisee shall not be deemed to have waived or impaired any right, power, or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, and covenant hereinin this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, or neglect of the COMPANY Franchisor or Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (by this Agreement, including, without limitation, any format, mandatory specification, standard, method, or procedure required by the COMPANY) operating procedure; any waiver, forbearance, delay, failure, or omission by the COMPANY Franchisor to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Floridino's Restaurantsthe Franchised Restaurant; or the acceptance by the COMPANY Franchisor of any payments due from FRANCHISEE Franchisee after any breach of this Agreement.

Waiver of Obligations. The COMPANY Franchisor and Master Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement. No acceptance by the Franchisor of any payment by Master Franchisee or any other Person or entity and no failure, effective refusal or neglect of the Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon delivery of written notice thereof to full compliance by the other or such other effective date stated in the notice with its obligations hereunder shall constitute a waiver of waiverany provision of this Agreement. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY Franchisor makes no warranties or guarantees upon which FRANCHISEE Master Franchisee may rely, and assumes no liability or obligation to FRANCHISEEMaster Franchisee, by granting any waiver, approval, or consent to FRANCHISEEMaster Franchisee, or by reason of any neglect, delay, or denial of any request therefortherefore. Any waiver granted by the COMPANY Franchisor shall be without prejudice to any other rights the COMPANY Franchisor may have, will be subject to continuing review by the COMPANYFranchisor, and may be revoked, in the COMPANY's Franchisor’s sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Master Franchisee of ten (10) days days’ prior written notice. The COMPANY Franchisor and Master Franchisee shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, or neglect of the COMPANY Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) System Standard; any waiver, forbearance, delay, failure, or omission by the COMPANY Franchisor to exercise any right, power, or option, whether of the same, similar, similar or different nature, with respect to other Floridino's Restaurantsany PLANET BEACH® business or any franchise agreement; or the acceptance by the COMPANY Franchisor of any payments due payment from FRANCHISEE Master Franchisee after any breach of this Agreement. Neither Franchisor nor Master Franchisee shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from any of the following and is not caused or exacerbated by the non-performing party: compliance with any law, ruling, order, regulation, requirement, or instruction of any government or any department or agency thereof; acts of God; or acts of war or insurrection. Any delay resulting from any of said causes or occurrences shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payment of amounts owed at the time of such occurrence or payment of Royalty Fees thereafter.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, We and FRANCHISEE you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request thereforother. Any waiver granted by the COMPANY us shall be without prejudice to any other rights the COMPANY we may have, will be subject to our continuing review by the COMPANY, and may be revoked, in the COMPANY's our sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE you of ten (10) days days’ prior written notice. The COMPANY We and you shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, and covenant herein, or to declare any breach thereof to be a default and to terminate the Franchise) by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, refusal or neglect of the COMPANY ours or yours to exercise any right rights under this Agreement or to insist upon exact compliance with FRANCHISEE's obligations hereunder (including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) other with its obligations hereunder; any waiver, forbearance, delay, failure, failure or omission by the COMPANY us to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Floridino's RestaurantsCareBuilders At Home Offices; or the our acceptance by the COMPANY of any payments due from FRANCHISEE you after any breach of this Agreement. Neither we nor you shall be liable for loss or damage or deemed to be in breach of this Agreement if our or your failure to perform our respective obligations results from: (1) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material or energy, or the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department or agency thereof; (2) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state, or municipal government or any department or agency thereof; (3) acts of God; (4) fires, strikes, embargoes, war or riot; or (5) any other similar event or cause, except where you are found to have deliberately or by gross negligence been the direct or indirect cause of the calamity. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable, except that said causes shall not excuse payments of amounts owed at the time of such occurrence or payment of Continuing Royalty Fees, Brand Development Fees or other payments due hereunder.

Waiver of Obligations. The COMPANY Franchisor and Master Franchisee may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement. No acceptance by Franchisor of any payment by Master Franchisee or any other person or entity and no failure, effective refusal or neglect of Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon delivery of written notice thereof to full compliance by the other or such other effective date stated in the notice with its obligations hereunder shall constitute a waiver of waiverany provision of this Agreement. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY Franchisor makes no warranties or guarantees upon which FRANCHISEE Master Franchisee may rely, and assumes no liability or obligation to FRANCHISEEMaster Franchisee, by granting any waiver, approval, or consent to FRANCHISEEMaster Franchisee, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY Franchisor shall be without prejudice to any other rights the COMPANY Franchisor may have, will be subject to continuing review by the COMPANYFranchisor, and may be revoked, in the COMPANYFranchisor's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE Master Franchisee of ten (10) days days' prior written notice. The COMPANY Franchisor and Master Franchisee shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, or neglect of the COMPANY Franchisor or Master Franchisee to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) System Standard; any waiver, forbearance, delay, failure, or omission by the COMPANY Franchisor to exercise any right, power, or option, whether of the same, similar, similar or different nature, with respect to other Floridino's Restaurantsany QUIZNO'S Restaurants or any franchise agreement therefor; or the acceptance by the COMPANY Franchisor of any payments due payment from FRANCHISEE Master Franchisee after any breach of this Agreement.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive BCN or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE AGENT may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or and such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consentconsent of a Party, FRANCHISEE shall make a timely written such request therefor, and such approval shall be obtained in writing and no consent may be unreasonably withheld. All consents or withholding of consent with reasons therefor shall be in writing. The COMPANY Neither Party makes no warranties or any guarantees upon which FRANCHISEE the other may rely, and assumes no liability or obligation to FRANCHISEEthe other, by granting any waiver, approval, approval or consent to FRANCHISEEthe other, or by reason of any neglect, delay, delay or denial of any request therefor. Any waiver granted by the COMPANY either Party shall be without prejudice to any other rights the COMPANY right that Party may have, will be subject to continuing review by the COMPANYreview, and may be revoked, in at the COMPANYwaiving Party's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE the other of ten (10) days days' prior written notice. The COMPANY BCN and AGENT shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof hereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties Parties at variance with the terms hereof; hereof or any failure, refusal, refusal or neglect of the COMPANY BCN or AGENT to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, specification, standard, methodrule or procedure, or procedure required by the COMPANY) ; any waiver, forbearance, delay, failure, failure or omission by the COMPANY BCN to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to one or more other Floridino's Restaurants; or the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreementauthorized agents.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive CARRIER or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE AGENT may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or and such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consentconsent of a Party, FRANCHISEE shall make a timely written such request therefor, and such approval shall be obtained in writing and no consent may be unreasonably withheld. All consents or withholding of consent with reasons therefore shall be in writing. The COMPANY Neither Party makes no warranties or any guarantees upon which FRANCHISEE the other may rely, and assumes no liability or obligation to FRANCHISEEthe other, by granting any waiver, approval, approval or consent to FRANCHISEEthe other, or by reason of any neglect, delay, delay or denial of any request therefortherefore. Any waiver granted by the COMPANY either Party shall be without prejudice to any other rights the COMPANY right that Party may have, will be subject to continuing review by the COMPANYreview, and may be revoked, in at the COMPANYwaiving Party's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten the other often (10) days days' prior written notice. The COMPANY CARRIER and AGENT shall not be deemed to have waived waived, or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof hereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties Parties at variance with the terms hereof; hereof or any failure, refusal, refusal or neglect of the COMPANY CARRIER or AGENT to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, specification, standard, methodrule or procedure, or procedure required by the COMPANY) ; any waiver, forbearance, delay, failure, failure or omission by the COMPANY CARRIER to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to one or more other Floridino's Restaurants; or the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreementauthorized agents.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, LICENSOR and FRANCHISEE MASTER LICENSEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other another effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request thereforwaiver notice. Any waiver granted by the COMPANY shall be without prejudice to any other rights the COMPANY may haveLICENSOR or MASTER LICENSEE has, will be subject to continuing review by the COMPANYLICENSOR and MASTER LICENSEE, and may be revoked, in the COMPANY's sole discretion, revoked prospectively by LICENSOR or MASTER LICENSEE at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days days' prior written notice. The COMPANY Any waiver must be in writing to be enforceable. LICENSOR makes no warranties or guarantees upon which MASTER LICENSEE may rely, and assumes no liability or obligation to MASTER LICENSEE, by granting or refusing to grant any waiver, approval, or consent to MASTER LICENSEE. LICENSOR and MASTER LICENSEE shall not be deemed to have waived or impaired any right, power, or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, and covenant herein, or to declare any breach thereof to be a default and to terminate the Franchisedefault) by virtue because of any custom or practice of the parties at variance with the terms hereofthat varies from this Agreement's terms; any failure, refusal, or neglect of the COMPANY LICENSOR or MASTER LICENSEE to exercise any right under this Agreement right, or to insist upon exact the other's compliance with FRANCHISEE's obligations hereunder (includingits obligations, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) under this Agreement; any waiver, forbearance, delay, failure, or omission by the COMPANY LICENSOR to exercise any right, power, or option, whether of the same, similar, or different nature, with respect to other Floridino's Restaurantsmaster licensees or any CARIBOU COFFEE Coffeehouse; or the LICENSOR's acceptance by the COMPANY of any payments due payment from FRANCHISEE MASTER LICENSEE after any breach of this Agreement.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY makes no warranties or guarantees guaranties upon which FRANCHISEE may rely, and assumes no liability or obligation to FRANCHISEE, by granting any waiver, approval, approval or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY shall be without prejudice to any other rights the COMPANY may have, will be subject to continuing review by the COMPANY, and may be revoked, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE of ten (10) days days' prior written notice. The COMPANY and FRANCHISEE shall not be deemed to have waived or impaired any right, power, or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties at variance with the terms hereof; , any failure, refusal, or neglect of the COMPANY or FRANCHISEE to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, mandatory specification, standard, method, or procedure required by the COMPANY) operating procedure; any waiver, forbearance, delay, failure, failure or omission by the COMPANY to exercise any right, power, or option, whether of the same, similar, similar or different nature, with respect to other Floridino's Restaurants; "TCBY" stores, or the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreement. Neither the COMPANY nor FRANCHISEE shall be liable for loss or damage or deemed to be in breach of this Agreement if failure to perform their respective obligations results from: (1) transportation shortages, inadequate supply of labor, material, or energy, or the voluntary foregoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state, or municipal government, or any department or agency thereof; (2) compliance with any law, ruling, order, regulation, requirement, or instruction of any federal, state, or municipal government, or any department or agency thereof; (3) acts of God; (4) acts or omissions of the other party; (5) fires, strikes, embargoes, war, or riot; or (6) any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE MARRIOTT under this Agreement, and FRANCHISEE MARRIOTT may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE MARRIOTT shall make a timely written request therefor, and such approval shall be obtained in writingwriting and shall not be unreasonably withheld or delayed. The Except as expressly set forth herein, the COMPANY makes no warranties or guarantees guaranties upon which FRANCHISEE MARRIOTT may rely, and assumes no liability or obligation to FRANCHISEEMARRIOTT, by granting any waiver, approval, approval or consent to FRANCHISEEMARRIOTT, or by reason of any neglect, delay, delay or denial of any request therefor. Any waiver granted by the COMPANY shall be without prejudice to any other rights the COMPANY may have, will be subject to continuing review by the COMPANY, and may be revoked, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE MARRIOTT of ten (10) days days' prior written notice. The COMPANY and MARRIOTT shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every material term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, refusal or neglect of the COMPANY or MARRIOTT to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, mandatory specification, standard, method, standard or procedure required by the COMPANY) operating procedure; any waiver, forbearance, delay, failure, failure or omission by the COMPANY to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Floridino's Restaurants; "TCBY" stores, or the acceptance by the COMPANY of any payments due from FRANCHISEE MARRIOTT after any breach of this Agreement. Neither the COMPANY nor MARRIOTT shall be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform its obligations results from: (1) transportation shortages, inadequate supply of labor, material or energy, or the voluntary foregoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department or agency thereof; (2) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state, or municipal government or any department or agency thereof; (3) acts of God; (4) acts or omissions of the other party; (5) fires, strikes, embargoes, war, or riot; or (6) any other similar event or cause beyond the reasonable control of the party failing to perform. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE LICENSE OWNER may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE LICENSE OWNER shall make a timely written request therefor, therefor and such approval shall be obtained in writing. The With respect to this Agreement, the relationship of the parties, the Store, Catering Service, Delivery Service, Special Distribution Arrangements, Commissaries or any other matter, COMPANY makes no representations, warranties or guarantees guaranties upon which FRANCHISEE LICENSE OWNER may rely, and assumes no liability or obligation to FRANCHISEELICENSE OWNER, by granting any waiver, approval, or consent to FRANCHISEE, LICENSE OWNER or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY (1) shall be without prejudice to any other rights the COMPANY may have, (2) will be subject to continuing review by the COMPANY, and (3) as to continuing waivers, may be revokedrevoked prospectively, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE LICENSE OWNER of ten (10) days days' prior written notice. The COMPANY and LICENSE OWNER shall not be deemed to have waived or impaired any right, power, or option reserved by this Agreement (including, without limitation, the right to demand exact full compliance with every term, condition, and covenant hereinin this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchise) expiration 77 200 of its term), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, or neglect of the COMPANY to exercise any right under this Agreement or to insist upon exact compliance with FRANCHISEE's obligations hereunder (including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) ; any waiver, forbearance, delay, failure, or omission by the COMPANY to exercise any right, power, or option, whether of the same, similar, or different nature, with respect to other Floridino's Restaurants; or the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreement.any:

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive CARRIER or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE DISTRIBUTOR may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or and such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consentconsent of a party, FRANCHISEE shall make a timely written such request therefor, and such approval shall be obtained in writing and no consent may be unreasonably withheld, conditioned, or delayed. All consents or withholding of consent with reasons therefor shall be in writing. The COMPANY Neither Party makes no warranties or any guarantees upon which FRANCHISEE the other may rely, and assumes no liability or obligation to FRANCHISEEthe other, by granting any waiver, approval, approval or consent to FRANCHISEE, or by reason of any neglect, delay, or denial of any request thereforthe other. Any waiver granted by the COMPANY either Party shall be without prejudice to any other rights the COMPANY right that Party may have, will be subject to continuing review by the COMPANYreview, and may be revoked, in at the COMPANYwaiving Party's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE the other of ten (10) days days' prior written notice. The COMPANY CARRIER and DISTRIBUTOR shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof hereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties Parties at variance with the terms hereof; hereof or any failure, refusal, refusal or neglect of the COMPANY CARRIER or DISTRIBUTOR to exercise any right under this Agreement or to insist upon exact compliance by the other with FRANCHISEE's its obligations hereunder (hereunder, including, without limitation, any format, specification, standard, methodrule or procedure, or procedure required by the COMPANY) ; any waiver, forbearance, delay, failure, failure or omission by the COMPANY CARRIER to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to one or more other Floridino's Restaurants; or the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreementauthorized distributors.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, LICENSOR and FRANCHISEE LICENSEE may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANYLICENSOR's prior approval or consent, FRANCHISEE LICENSEE shall make a timely written request therefor, and such approval shall be obtained in writing. The COMPANY LICENSOR makes no warranties or guarantees upon which FRANCHISEE LICENSEE may rely, and assumes no liability or obligation to FRANCHISEELICENSEE, by granting any waiver, approval, or approval of consent to FRANCHISEELICENSEE, or by reason of any neglect, delay, delay or denial of any request thereforthereof. Any waiver granted by the COMPANY LICENSOR shall be without prejudice to any other rights the COMPANY LICENSOR may have, will be subject to continuing review by the COMPANYLICENSOR, and may be revoked, in the COMPANYLICENSOR's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE receipt by LICENSEE of ten (10) days prior written notice. The COMPANY No failure, refusal or neglect of LICENSOR or LICENSEE to exercise any right under this Agreement, or to insist upon full compliance by the other with its obligations hereunder, shall constitute a waiver of any provision of this Agreement. LICENSOR and LICENSEE shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the its right to demand exact compliance with every term, condition, condition and covenant herein, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchiseexpiration of its term) by virtue of any custom or practice of the he parties at variance with the terms hereof; any failure, refusal, failure by LICENSOR or neglect of the COMPANY LICENSEE to exercise any right under this Agreement or to insist upon exact demand strict compliance with FRANCHISEE's obligations hereunder (including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) Agreement; any waiver, forbearance, delay, failure, failure or omission by the COMPANY LICENSOR to exercise any right, power, power or option, whether of the same, similar, similar or different nature, with respect to other Floridino's Restaurantsagainst licensees or LICENSEES of the Marks of the System outside the Exclusive Territory; or the acceptance by the COMPANY LICENSOR of any payments payment due from FRANCHISEE LICENSEE after any breach of this Agreement. Neither LICENSOR nor LICENSEE shall be liable for loss or damage due to delay in its performance of its obligations resulting from transportation shortages, inadequate supply of labor, material or energy, or the voluntary foregoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any Federal, State, or Municipal Government or department of agency thereof; acts of God; acts or omissions of the other party; fires; strikes; embargoes; wars, riot or any other similar event or cause. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole in part, as may be reasonable.

Waiver of Obligations. The COMPANY may by written instrument unilaterally waive or reduce any obligation of or restriction upon FRANCHISEE under this Agreement, and FRANCHISEE DEVELOPER may by written instrument unilaterally waive or reduce any obligation of or restriction upon the COMPANY other under this Agreement, effective upon delivery of written notice thereof to the other or such other effective date stated in the notice of waiver. Whenever this Agreement requires the COMPANY's prior approval or consent, FRANCHISEE DEVELOPER shall make a timely written request therefor, therefor and such approval shall be obtained in writing. The With respect to this Agreement, the Franchise Agreements, the License Agreements, the relationship of the parties, the DEVELOPER Stores, Catering Service, Delivery Service, Special Distribution Arrangements or any other matter, COMPANY makes no representations, warranties or guarantees upon which FRANCHISEE DEVELOPER may rely, and assumes no liability or obligation to FRANCHISEEDEVELOPER, by granting any waiver, approval, or consent to FRANCHISEEDEVELOPER, or by reason of any neglect, delay, or denial of any request therefor. Any waiver granted by the COMPANY COMPANY: (1) shall be without prejudice to any other rights the COMPANY may have, (2) will be subject to continuing review by the COMPANY, and (3) as to continuing waivers, may be revokedrevoked prospectively, in the COMPANY's sole discretion, at any time and for any reason, effective upon delivery to FRANCHISEE DEVELOPER of ten (10) days days' prior written notice. The COMPANY and DEVELOPER shall not be deemed to have waived or impaired any right, power, power or option reserved by this Agreement (including, without limitation, the right to demand exact full compliance with every term, condition, condition and covenant hereinin this Agreement, or to declare any breach thereof to be a default and to terminate this Agreement prior to the Franchise) expiration of its term), by virtue of any custom or practice of the parties at variance with the terms hereof; any failure, refusal, or neglect of the COMPANY to exercise any right under this Agreement or to insist upon exact compliance with FRANCHISEE's obligations hereunder (including, without limitation, any format, specification, standard, method, or procedure required by the COMPANY) ; any waiver, forbearance, delay, failure, or omission by the COMPANY to exercise any right, power, or option, whether of the same, similar, or different nature, with respect to other Floridino's Restaurants; or the acceptance by the COMPANY of any payments due from FRANCHISEE after any breach of this Agreement.any: