Common use of Delays or Omissions Clause in Contracts

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, breach or default or noncompliance by another of any other party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of the aggrieved party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, law or otherwise afforded to any party, the parties shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another of any other party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of or in any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party of any breach, default or noncompliance under the Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall will impair any such right, power, or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall will be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyan Holder’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyparty hereto, upon any breach, default or noncompliance by another of any party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe parties hereto, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part Party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyholder, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s Party's part of any breach, default or noncompliance under the Agreement or any waiver on such party’s Party's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyholders, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyholder, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any partyParty’s part of any breach, default or noncompliance under the Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyholders, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, breach or default or noncompliance by another of any party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of any Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach or default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, or by law, Law or otherwise afforded to any party, Party shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Deed shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Deed or any waiver on such party’s part of any provisions or conditions of this Agreement the Deed must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Deed by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any either party, upon any breach, default or noncompliance by another of the other party under this Agreement Agreement, shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any either party’s part of any breach, default or noncompliance under the Agreement or any waiver on such either party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, either party shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s Purchaser's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part behalf of any breach, default or noncompliance under the Agreement or any waiver on such party’s part behalf of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawthe Bylaws, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another the other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, default or noncompliance by another of any other party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of or in any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party of any breach, default or noncompliance under the this Agreement or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement the agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission ------------------- to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall will impair any such right, power, or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall will be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyInvestor, upon any breach, default or noncompliance by of another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe parties, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Investors’ part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or ------------------- omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any either party, upon any breach, default or noncompliance by another the other party under this Agreement shall will impair any such right, power, or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any either party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall will be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party of any breach, default or noncompliance under the Agreement Agreement, or any waiver on such party’s the part of any party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any rightrights, power, power or remedy accruing to any party, party upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on Liberty's or any party’s Stockholder's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writingwriting and as specified in Section 10.4. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative, except as specifically provided otherwise.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this Agreement therein and must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, remedies shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchaser's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this Agreement the Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, breach or default or noncompliance by another party of any Party hereto under this Agreement Agreement, shall impair any such right, power, power or remedy, remedy of any Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach of default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this in the Agreement, or by law, law or otherwise afforded to any party, Party shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyHolder’s part of any breach, default or noncompliance under the this Agreement or any waiver on such partyHolder’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyParty’s part of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchaser's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s the Purchaser's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyPurchaser’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any party regarding any breach, default or noncompliance under the this Agreement or any waiver on such the other party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any a party, upon any breach, default or noncompliance by another the other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of a party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawLaw, or otherwise afforded to any a party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyParty hereto, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on part of any party’s part Party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe Parties hereto, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchasers’ part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyInvestor’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s Investors’ part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall will impair any such right, power, power or remedy, nor shall will it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall will be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be are cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement the Agreements shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement Agreements or any waiver on such party’s 's part of any provisions or conditions of this Agreement the Agreements must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, the Agreements by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partythe Holder’s part of any breach, default or noncompliance under the this Agreement or any waiver on such partythe Holder’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part by a Party of any breach, default or noncompliance under the this Agreement or any waiver on such party’s Party's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy remedy-accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative. [END OF TEXT, SIGNATURE PAGE FOLLOWS.]

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part Party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s Party's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Deed shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement this Deed or any waiver on such party’s 's part of any provisions or conditions of this Agreement the Deed must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Deed by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.. -7- NEXT PAGE

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party the other Party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyLender’s part of any breach, default or noncompliance under the this Agreement or any waiver on such partyParty’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, Agreement or by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchaser's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by lawLaw, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any a party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, or otherwise afforded to any party, Agreement shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s NBC's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Warrant, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the Agreement this Warrant or any waiver on such party’s part of any provisions or conditions of this Agreement Warrant, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this AgreementWarrant, by law, law or otherwise afforded to any party, party shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partythe Investor’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by lawthe Company’s Bylaws, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part by a Party of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe Parties, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by of another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, breach or default or noncompliance by another party of any Party hereto under this the Agreement shall impair any such right, power, power or remedy, remedy of any Party nor shall it be construed to be a waiver of any such breach, default breach or noncompliancedefault, or any an acquiescence therein, or of any similar breach, breach or default thereafter occurring; nor shall any waiver of any other breach or noncompliance default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent, consent or approval of any kind or character on any party’s the part of any breach, Party of any breach of default or noncompliance under the this Agreement or any waiver on such party’s the part of any Party of any provisions or conditions of this Agreement the Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this in the Agreement, or by law, law or otherwise afforded to any party, party shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement the Loan Documents, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyparty hereunder, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, law or otherwise afforded to any partyparties hereunder, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another the other party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another any other party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative. [End of text. Signature page follows.]

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.7.7

Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by another party Party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any partyParty, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any partyParty, upon any breach, default or noncompliance by of another party Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It t is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, party upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s of Purchaser's or Seller's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement or the Notes shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any either party’s part of any breach, default or noncompliance under the Agreement this Agreement, or Guidant’s under any waiver on such party’s part of any provisions or conditions of this Agreement Note, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this AgreementAgreement and/or the Notes, as applicable, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to ------------------- exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement this Agreement, or any waiver on such party’s 's part of any provisions or conditions of this Agreement the Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another of any other party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s 's part of any breach, default or noncompliance under the Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partythe parties hereto, shall be cumulative and not alternative.

Delays or Omissions. It Subject to Section 3.5, it is agreed that no delay or omission to exercise any right, power, or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default or noncompliance under the Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.. 3.8

Delays or Omissions. It is agreed that no No delay or omission to exercise any right, power, or remedy accruing to any partyholder, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any partyParty’s part of any breach, default or noncompliance under the Agreement or any waiver on such partyParty’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyholders, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to any partyholder, upon any breach, default or noncompliance by another party of any Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s Party's part of any breach, default or noncompliance non- compliance under the Agreement or any waiver on such party’s Party's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any partyholders, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be 13 a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any a party’s 's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, by law, Agreement or otherwise afforded to any party, party shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any partyBuyer’s part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either remedies under this Agreement, Agreement by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement Agreement, shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on the part of any party’s part party hereto of any breach, default or noncompliance under the this Agreement or any waiver on such party’s part of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, or otherwise afforded to any party, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that no delay or omission to exercise any right, power, power or remedy accruing to any party, upon any breach, default or noncompliance by another party under this Agreement shall impair any such right, power, power or remedy, nor shall it be construed to be a waiver of any such breach, default or noncompliance, or any acquiescence therein, or of or in any similar breach, default or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, consent or approval of any kind or character on any party’s the Purchaser's part of any breach, default or noncompliance under the this Agreement or any waiver on such party’s 's part of any provisions or conditions of this the Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement, by law, Agreement or otherwise afforded to any party, shall be cumulative and not alternative.