Party Uses in Waiver Clause

Waiver from Agreement

This Agreement (hereinafter, this "Agreement"), by and between Mueller Water Products, Inc. (the "Company") and Gregory S. Rogowski ("Executive"), is made, entered into, and is effective as of the 5th day of May, 2017 (the "Effective Date"). Both the Company and Executive are hereinafter individually referred to as a "Party" and jointly referred to as "Parties" in this Agreement.

Waiver. Failure of either Party to insist, in one or more instances, on performance by the other in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any right granted in this Agreement or the future performance of any such term or condition or of any other term or condition of this Agreement, unless such waiver is contained in a writing signed by the Party making the waiver.

Waiver from Collaboration and License Agreement

THIS COLLABORATION AND LICENSE AGREEMENT (the "Agreement") is entered into as of January 30, 2017 (the "Effective Date"), by and between EXELIXIS, INC., a Delaware company having an address at 210 East Grand Avenue, South San Francisco, CA 94080, USA ("Exelixis") and Takeda Pharmaceutical Company Limited, a Japanese corporation with principal offices located at 1-1, Doshomachi 4-chome, Chuo-ku, Osaka 540-8645, JAPAN ("Collaborator"). Exelixis and Collaborator may be referred to herein individually as a "Party" or collectively as the "Parties".

Waiver. The waiver by either Party of any right hereunder or of the failure to perform or of a breach by the other Party shall not be deemed a waiver of any other right hereunder or of any other breach or failure by such other Party whether of a similar nature or otherwise. Any waiver by a Party of a particular term or condition will be effective only if set forth in a written instrument duly executed by or on behalf of the Party waiving such term or condition.

Waiver from Stock Purchase Agreement

THIS STOCK PURCHASE AGREEMENT (this "Agreement") is made and entered into this 17th day of August, 2015 by and between PACIFIC ELECTRIC WIRE & CABLE CO., LTD., a Taiwan, ROC company ("PEWC"), MOON VIEW VENTURES LIMITED, a BVI company ("MVV", and collectively with PEWC, the "Purchasers"), and MSD CREDIT OPPORTUNITY MASTER FUND, L.P., a Cayman Islands Limited Partnership ("MSDC", and together with PEWC and MVV, each is herein referred to as a "Party" and collectively as the "Parties"). Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to them in the Shareholders' Agreement (as defined below).

Waiver. Neither the failure to exercise, nor any delay by any Party in exercising, any right, power, or privilege under this Agreement, or any other document contemplated by this Agreement shall operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege shall preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. To the maximum extent permitted by applicable law, (a) no claim or right arising out of this Agreement or any other document contemplated by this Agreement may be discharged by one Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by each other Party hereto, (b) no waiver that may be given by any Party hereto shall be applicable except in the specific instance when and for which such waiver is given, and (c) no notice to or demand on one Party shall be deemed to be a waiver of any obligation of such Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement, or any other document contemplated by this Agreement.

Waiver from Waiver and Consent

THIS WAIVER AND CONSENT (this "Waiver"), dated as of April 19, 2017, is made and entered into by and among Hooper Holmes, Inc., a New York corporation (the "Parent"), Piper Merger Corp., a New York corporation (the "Merger Sub"), Provant Health Solutions, LLC, a Rhode Island limited liability company (the "Company"), and Wellness Holdings, LLC, a Delaware limited liability company and the sole member of the Company (the "Seller").

Waiver. Each Party hereby waives the compliance of each other Party with, and the performance of each other Party's obligations under, all representations, warranties, covenants, and conditions set forth in the Agreement to the extent they relate to, require, or are conditioned on any of the following:

Waiver from Patent License Agreement

As of the EFFECTIVE DATE, Document Security Systems, Inc. (hereinafter "DSS") having a place of business at 200 Canal View Blvd., Suite 300, Rochester, NY 14623, and Intellectual Discovery Co. Ltd. (hereinafter "ID"), a Korean corporation, having an address at 10 Golden Tower Bldg. #511 Samseong-ro, Gangnam-gu, Seoul, 06158 Korea. DSS and ID (each individually, a "Party", and collectively, the "Parties") hereby agree as follows:

Waiver. The waiver by either Party of a breach or default of any provision of this Agreement by the other Party will not be construed as a waiver of any succeeding breach of the same or any other provision, nor will any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any right, power or privilege of such Party.

Waiver from Advisory Agreement

THIS ASSET ADVISORY AGREEMENT (Agreement) is made effective as of August 10, 2015 by and between HUDSON AMERICAS L.P., a Delaware limited partnership (Manager), and LSF9 CYPRESS PARENT LLC, a Delaware limited liability company (together with its successors and assigns, Owner, and, together with Manager, the Parties), and joined herein by LONE STAR FUND IX (U.S.), L.P., a Delaware limited partnership (the Fund), for the limited purposes set forth in Section 7(a) below.

Waiver. Any waiver, express or implied, by a Party of any right under this Agreement or of any breach by the other Party shall not constitute or be deemed a waiver of any other right or any other breach, whether of a similar or dissimilar nature to the right or breach being waived. A waiver of a Partys rights under this Agreement, including with respect to another partys breach, shall be effective only if that Party agrees in writing.

Waiver from Advisory Agreement

THIS ASSET ADVISORY AGREEMENT (Agreement) is made effective as of August 10, 2015 by and between HUDSON AMERICAS L.P., a Delaware limited partnership (Manager), and LSF9 CYPRESS PARENT LLC, a Delaware limited liability company (together with its successors and assigns, Owner, and, together with Manager, the Parties), and joined herein by LONE STAR FUND IX (U.S.), L.P., a Delaware limited partnership (the Fund), for the limited purposes set forth in Section 7(a) below.

Waiver. Any waiver, express or implied, by a Party of any right under this Agreement or of any breach by the other Party shall not constitute or be deemed a waiver of any other right or any other breach, whether of a similar or dissimilar nature to the right or breach being waived. A waiver of a Partys rights under this Agreement, including with respect to another partys breach, shall be effective only if that Party agrees in writing.

Waiver from Agreement and Plan of Merger Among

This AGREEMENT AND PLAN OF MERGER (this "Agreement"), dated as of September 12, 2016, is made by and among Farmland Partners Inc., a Maryland corporation ("Parent"), Farmland Partners Operating Partnership, LP, a Delaware limited partnership ("Parent OP"), Farmland Partners OP GP LLC, a Delaware limited liability company and the general partner of Parent OP ("Parent OP GP"), FPI Heartland LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Parent ("Merger Sub"), FPI Heartland Operating Partnership, LP, a Delaware limited partnership ("Merger Partnership") whose general partner is FPI Heartland GP LLC, a Delaware limited liability company and wholly-owned subsidiary of Parent OP ("Merger Sub GP" and, together with Parent, Merger Sub, Parent OP, Parent OP GP and Merger Partnership, the "Buyer Parties"), AMERICAN FARMLAND COMPANY, a Maryland corporation (the "Company"), and AMERICAN FARMLAND COMPANY L.P., a Delaware limited partnership whose sole general part

Waiver. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any Party, shall be deemed to constitute a waiver by the Party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any Party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.

Waiver from Arrangement Agreement

WHEREAS the board of directors of each of PCS and Agrium has determined that it would be in the best interests of its corporation to combine the businesses conducted by PCS and Agrium;

Waiver. Either Party may (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive compliance with any of the other Partys agreements or the fulfillment of any conditions to its own obligations contained herein, and (c) waive inaccuracies in any of the other Partys representations or warranties contained herein or in any document delivered by the other Party; provided, however, that any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party and such waiver shall apply only to the specific matters identified in such instrument.

Waiver from Cross License Agreement

This INTELLECTUAL PROPERTY CROSS LICENSE AGREEMENT (this Agreement), dated as of (the Effective Date), is entered into by and between Air Products and Chemicals, Inc. (Air Products), a Delaware corporation with an address at 7201 Hamilton Boulevard, Allentown, Pennsylvania, 18195, U.S.A., and Versum Materials U.S., LLC (Versum), a limited liability company organized under the laws of the State of Delaware with an address at , U.S.A. (both Air Products and Versum, a Party and collectively, the Parties).

Waiver. Any consent required or permitted to be given by any Party to the other Party under this Agreement shall be in writing and signed by the Party giving such consent and shall be effective only against such Party. No failure or delay on the part of any Party in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, or agreement herein, nor shall any single or partial exercise of such right preclude other or further exercise thereof or any other right.