Common use of Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies Clause in Contracts

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, hereto. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceparties hereto. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orCompany, Parent and Buyer. The provisions hereof may be waived in writing by the Company Parent or Buyer, as the case of a waiver, by may be. Any such waiver shall be effective only to the party waiving complianceextent specifically set forth in such writing. No failure or delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, Parties or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, privilege nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Guarantee may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, but only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Cakewalk and CDBeat. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties or, Parties. The provisions hereof may be waived only in writing signed by all of the case of a waiver, by the party waiving complianceParties. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law Law or in equity.. [Signatures appear on next page]

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on of the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, or in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power power, remedy or privilege, nor any single or partial exercise of any such right, power power, remedy or privilege, preclude any further exercise thereof or the exercise of any other such right, remedy, power or privilege. The rights and remedies herein provided are cumulative cumulative. Such rights and remedies are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity, unless, and then only to the extent that, any such rights or remedies have been expressly limited under the Agreement. .

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by Executive and the parties Guarantor or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by each of the parties or, Parties. The provisions hereof may be waived only in writing signed by each of the case of a waiver, by the party waiving complianceParties. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.. [Signatures appear on next page]

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, hereto. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceShareholder and BearCom. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each of OBIC and Peerless or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement and the Ancillary Agreements may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or thereto, as applicable, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise 126 in this Agreement, including Section 10.7 hereof, or in the Ancillary Agreements, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement and the Ancillary Agreements may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement or in the Ancillary Agreements, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equityequity except where this Agreement expressly provides otherwise.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orHe-Ro, Nah-Nah, Rounick and Han. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties or, Parties. The provisions hereof may be waived only in writing signed by all of the case of a waiver, by the party waiving complianceParties. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law Law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, Parties or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Commutation Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party Party of any right, power power, remedy or privilege, nor any single or partial exercise of any such right, power power, remedy or privilege, preclude any further exercise thereof or the exercise of any other such right, remedy, power or privilege. The rights and remedies herein provided are cumulative cumulative. Such rights and remedies are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity, unless, and then only to the extent that, any such rights or remedies have been expressly limited under the Agreement.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of Buyer, the parties Company and Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Subject to Article X, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Sellers and the Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceSellers and the Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or their respective successors in interest, or, in the case of a waiver, by the party waiving compliance. No failure or delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Requisite Shareholders and DHT. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceRequisite Shareholders and DHT. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver Waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Sellers and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceSellers and Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Second Amended Standstill Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. (a) This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, Parties or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Purchaser and Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties both Parties, or, in the case of a waiver, by the party Party waiving compliance. No failure or delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each of Parent, OneBeacon and Liberty or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Subject to Article X, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each Seller, Parent and Purchaser or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties OneBeacon Insurers and Liberty or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancehereto and their respective successors and assigns. No delay on the part of any party on Party or Shareholder in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party or Shareholder of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Pledge Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Pledgor and the Pledgee or, in the case of a waiver, by the party waiving complianceagainst whom the waiver is to be enforced. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.. 87

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Stock and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceStock and Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity, except that Section 12 shall constitute the parties' sole remedy for breach of representation, warranty, agreement or covenant hereunder.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or their respective successors in interest, or, in the case of a waiver, by the party waiving compliance. No failure or delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orParent, Seller and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orCompany, Sellers and the Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceCompany, Sellers and the Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No Except as provided in Article IX and Article X, no delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Standstill Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on or Shareholder in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any hereof. No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.. The rights and remedies of any party based upon, arising out of or otherwise in respect of any inaccuracy in or breach of any representation, warranty, covenant or agreement

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by Sellers, the parties or, Company and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No Except as provided in Article X, no delay on the part of any party Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Agents and the Purchaser. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceAgents and the Purchaser. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity. ss.VII.4

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly stated herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties each of Seller and Parent or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Seller and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceSeller and Buyer. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Debtor and the Secured Party or, in the case of a waiver, by the party waiving complianceSecured Party. No delay on the part of any party on the Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party the Secured Party of any such right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilegeprivi­lege. The rights and remedies herein provided are cumulative and are shall not exclusive of preclude the Secured Party from seeking any rights or remedies that any party may otherwise have at other remedy available, whether pursuant to applicable law or in equityotherwise.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, waived only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancehereto and their respective successors and assigns. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any thereof except as expressly provided herein. No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party Party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise expressly stated herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No Except as provided in Article X, no delay on the part of any party on Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any right, power or privilege, nor or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party Party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and (subject to express provisions of this Agreement to the contrary) are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, KKI and Buyer. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceto be charged therewith. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Except as otherwise provided herein, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of Buyer, the parties Companies and Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The Subject to Article X, the rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty The JV Documents may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Guaranty Agreement and the Ancillary Agreements may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or thereto, as applicable, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any right, power or privilege, nor any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and and, unless provided otherwise in this Agreement, including Section 10.7 hereof, or in the Ancillary Agreements, are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.