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 This Agreement may be amended, superseded, canceled, renewed or extended and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, 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 to, and 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 This Agreement may be amended, superseded, canceled, renewed or extended and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, 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 provided for herein, the rights and remedies herein provided are cumulative to, and are not exclusive of, 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 Agreement may be amended, superseded, superseded or canceled, renewed or extended and the terms terms, provisions and conditions hereof may be waived, only by a written instrument signed by authorized representatives of the parties hereto or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew supersede or extend cancel this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, 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 to, and are not exclusive of, 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 Agreement may be amended, superseded, canceled, renewed or extended extended, and the terms hereof may be waived, only by a written instrument signed by authorized representatives each of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, or 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 to, and are not exclusive of, of any rights or remedies that any party may otherwise have at law or in equity. The parties agree that irreparable damage would occur in the event any provision hereof were not to be performed in accordance with its terms and that each party shall be entitled to specific performance of the terms hereof in addition to any other remedies at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Article VII of this Agreement may be amended, superseded, canceledcancelled, renewed or extended extended, and the terms hereof may be waived, waived only by a written instrument signed by authorized representatives of the parties or, Parties or in the case of a waiver, by an authorized representative of the party Party waiving compliance. No such Any other provision of this Agreement may be amended, superseded, cancelled, renewed or extended, and the terms thereof may be waived only by a written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew signed by Carlyle and Holding or extend this Agreement or to waive compliance with one or more of the terms hereof, as in the case may beof a waiver, by such of Carlyle or Holding waiving compliance. No delay on the part of any party 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 such right, power or privilege, or 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 to, and are not exclusive of, 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 Agreement may be amended, superseded, canceledcancelled, renewed or extended extended, and the terms hereof may be waived, waived only by a written instrument signed by authorized representatives holders of at least 85% of the parties outstanding Shares (100% of all outstanding shares of Common Stock if any Preferred Stock is outstanding) and, if prior to the Voting Rights Termination Date, by a Board Super Majority Vote, or, in the case of a waiver, by an authorized representative of the party Party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any party 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 such right, power or privilege, or 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 to, and are not exclusive of, 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 Agreement may be amended, superseded, canceled, renewed or extended and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, 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 to, and are not exclusive of, 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 Agreement may be amended, superseded, canceled, renewed or extended and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, 272 cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, 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 to, and 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 Agreement may be amended, superseded, canceled, renewed or extended extended, and the terms hereof may be waived, only by a written instrument signed by authorized representatives of each of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any further exercise thereof or of the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative to, and 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 Agreement may be amended, superseded, canceled, renewed or extended and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, 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 to, and not exclusive of, any rights or remedies 274 that any party may otherwise have at law or in equity.

Waivers and Amendments; Non-Contractual Remedies; Preservation of Remedies. This Without prejudice to the provisions of Section 1.3 relating to the time at which this Agreement shall be deemed (automatically) null and void and the provisions of Section 1.4 relating to the time at which the waiver referred to therein shall be deemed (automatically) null and void, this Agreement may be amended, superseded, canceledcancelled, renewed or extended extended, and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties Seller and Buyer or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any party either Seller or Buyer in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party either Seller or Buyer of any such right, power or privilege, 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 to, and 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 Agreement may be amended, superseded, canceled, renewed renewed, or extended extended, and the terms hereof may be waived, only by a written instrument signed by authorized representatives of the parties or, in the case of a waiver, by an authorized representative of the party waiving compliance. No such written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew or extend this Agreement or to waive compliance with one or more of the terms hereof, as the case may be. No delay on the part of any 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 of any such right, power or privilege, or any single or partial exercise of any such right, power or of 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 to, and are not exclusive of, 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 ARTICLE VII of this Agreement may be amended, superseded, canceledcancelled, renewed or extended extended, and the terms hereof may be waived, waived only by a written instrument signed by authorized representatives of the parties or, Parties or in the case of a waiver, by an authorized representative of the party Party waiving compliance. No such Any other provision of this Agreement may be amended, superseded, cancelled, renewed or extended, and the terms thereof may be waived only by a written instrument shall be effective unless it expressly recites that it is intended to amend, supersede, cancel, renew signed by Carlyle and Holding or extend this Agreement or to waive compliance with one or more of the terms hereof, as in the case may beof a waiver, by such of Carlyle or Holding waiving compliance. No delay on the part of any party 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 such right, power or privilege, or 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 to, and are not exclusive of, of any rights or remedies that any party may otherwise have at law or in equity.