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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 of any provision hereof term or right in this Release and Waiver of Liability agreement shall be effective unless made in writing and writing, signed by an authorized representative of the waiving party. The failure of any party to require the performance of enforce 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 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 of this Agreement or any rights or obligations of either party hereunder shall be effective unless made in writing and pursuant to a written instrument signed by the waiving party. The failure of any party to require or parties making such a waiver, and 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 such term or obligation or be deemed a waiver of any subsequent breachspecific purpose stated therein.

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 it is 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 either party of any breach of this Agreement, Agreement shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any other or 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 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 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 of any provision hereof shall 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 other Party’s obligation of under this Agreement, or the waiver by any party Party of any breach of this AgreementAgreement by the other Party, 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 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 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 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 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 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 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 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 shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance Waiver of any term or obligation condition of this Agreement, or the waiver Agreement by any party of any breach of this Agreement, Party hereto shall be effective if in writing and shall not prevent any subsequent enforcement of such term or obligation or be deemed construed as a waiver of any subsequent breachbreach or failure of the same term or condition or any other terms or conditions of this Agreement. No waiver shall be effective unless it is in writing signed by an authorized representative of the waiving Party.

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 of this Agreement or any right or obligation of a Party shall be effective unless made in writing and signed by the waiving partyParties. 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 of any breach of this Agreement, enforce a right shall not prevent any subsequent enforcement of such term or obligation or be deemed constitute a waiver of any subsequent breachwaiver.

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 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 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. 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 of any provision hereof shall All waivers hereunder must be effective unless made in writing writing, and signed by the waiving party. The failure of any party at any time to require the another party's performance of any term obligation under this Agreement shall not affect, limit or waive a party's right at any time to require strict performance of that obligation of this Agreement, or the thereafter. Any waiver by any party of any breach of any provision of this Agreement, Agreement shall not prevent be construed in any subsequent enforcement of such term or obligation or be deemed way as a waiver of any subsequent breachcontinuing or succeeding breach of such provision or waiver or modification of the provision.

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 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 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 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 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. 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 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 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 kind 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 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 and no waiver of any subsequent breachright arising from any breach or failure to perform will be deemed to be a waiver or authorization of any other 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 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 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. 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 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 Party shall operate or be construed as a waiver in respect of any breach failure, breach, or default not expressly identified by such written waiver, whether of this Agreementa similar or different character, shall not prevent any subsequent enforcement of such term and whether occurring before or obligation or be deemed a waiver of any subsequent breachafter that waiver.

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. 15.

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. 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 right or obligation under or breach of this Agreement, shall not prevent any subsequent enforcement of such term term, right, or obligation or obligation, nor shall it 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 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 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 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 of this Agreement is effective unless made in writing and signed by the waiving partyParty. The Any Party’s failure of any party to require the performance of any term or obligation of this Agreement, or the any Party’s 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 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 of any provision hereof of this Agreement shall be effective unless made 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 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 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, Agreement does not prevent subsequent enforcement of that term or the obligation. The waiver by any party of any breach of this Agreement, shall Agreement does not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of waive 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 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 en- forcement of such term or obligation or be deemed a waiver of any subsequent breach.

Waiver. No waiver by an 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 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 an authorized representative of the waiving partyparty making such waiver. The No failure of any or successive failure by either party to require the performance of enforce any term covenant or obligation of this Agreementagreement, and no waiver or the waiver successive waivers by any either party of any breach condition of this Agreementagreement, shall not prevent any subsequent enforcement operate as a discharge of such term covenant, agreement or obligation conditions, or be deemed a waiver render the same invalid or impair either parties right to enforce the same in the event of any subsequent breachbreach by the other party.

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, 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.