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 or default 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder’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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 on the part of any party upon any breach or default of any other party under to this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any party of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, such writing and that all remedies, remedies either under this Agreement, or by law or otherwiseotherwise 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 or default of any the other party under this Agreement hereto shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder'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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder’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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 the Subscriber, upon any breach or default of any other party the Company under this Agreement the Subscription Documents shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by Subscriber of any breach or default under this Agreement, or any waiver by any Subscriber of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Subscriber, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder’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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Corporation 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder'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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 or default of any 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions provision or conditions condition of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, Agreement or by law or otherwise, 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 each Subscriber, upon any breach or default of any other party the Company under this Agreement the Subscription Documents shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by Subscriber of any breach or default under this Agreement, or any waiver by any Subscriber of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Subscriber, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder'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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.

Delays or Omissions. It is agreed The parties agree that no delay or omission to exercise any right, power or remedy accruing to any party each Purchaser, upon any breach or default of any other party the Company 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 or default, or any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by any Purchaser of any breach or default under this Agreement, or any waiver by any Purchaser 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 writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Purchasers, shall will be cumulative and not alternative.

Delays or Omissions. It is agreed The parties hereto agree that no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any the 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is The parties further agreed agree that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in a writing signed by an authorized representative of the party against whom enforcement is sought and shall be effective only to the extent specifically set forth in such a writing, and that all remedies, either under this Agreement, by law or otherwise, 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 Party upon any breach or default of any other 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder’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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 party, upon any breach breach, default or default of any other noncompliance by another party under this Agreement, the Investors' Rights Agreement, the Co-Sale Agreement or the Restated Articles, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Purchaser's part of any breach breach, default or default noncompliance under this Agreement, Agreement or under the Restated Articles 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, and that all . All remedies, either under this Agreement, by law the Restated Articles, Bylaws, or otherwiseotherwise 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Holder’s part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder’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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 or default 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, by law or otherwise, 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 Preferred Shareholder, upon any breach or default of any other party the Company 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by any Preferred Shareholder of any breach or default under this Agreement, or any waiver by any Preferred Shareholder of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to the Preferred Shareholder, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that Except as expressly provided herein, no delay or omission to exercise any right, power or remedy accruing to any party upon any breach or default of any other party under to this Agreement Agreement, shall impair any such right, power or remedy, remedy of such party nor shall it be construed to be a waiver of any such breach or default, or any an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver 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, and that all . All remedies, either under this Agreement, Agreement or by law or otherwiseotherwise afforded to any party to this Agreement, shall be cumulative and not alternative.

Delays or Omissions. It is agreed The parties agree that no delay or omission to exercise any right, power or remedy accruing to any party the Purchaser, upon any breach or default of any other party the Company 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 or default, or any acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character by the Purchaser of any breach or default under this Agreement, or any waiver by the Purchaser 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 writing, writing and that all remedies, either under this Agreement, or by law or otherwise, shall otherwise afforded to the Purchaser will 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 Holder, upon any breach breach, default or default non-compliance of any other party the Company under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnon-compliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or non-compliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Holder’s part of any breach breach, default or default non-compliance under this Agreement, Agreement or any waiver on such Holder’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, and that all . All remedies, either under this Agreement, by law or otherwiseotherwise afforded to the Holders, 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 or default 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 or default, or any acquiescence thereinthereto, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, 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 Holder, upon any breach breach, default or default noncompliance of any other party the Company 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder'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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 or default of any 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions provision or conditions condition of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, Agreement or by law or otherwise, 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 Holder, upon any breach breach, default or default noncompliance of any other party Peoples 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, Agreement or any waiver on such Holder'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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, 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 hereto, upon any breach or default of any other party under this Agreement hereto shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, herein or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on the part of the party hereto of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, such writing and that all remedies, either under this Agreement, or by law or otherwiseotherwise afforded to such 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 Party upon any breach or default of any the other party under this Agreement Party shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, 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 or default 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, 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 on the part of the Company or any party Shareholder upon any breach or default of any other party under to this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of if in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on the Company or any Shareholder’s part of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, such writing and that all remedies, remedies either under this Agreement, or by law otherwise afforded to the Company or otherwiseany Shareholder, 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 upon any breach breach, default or default noncompliance of any other party the Company under this Rights Agreement shall impair any such rightrights, power power, or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach breach, default or default noncompliance under this Agreement, Rights Agreement or any waiver of any provisions or conditions of this Rights Agreement must be in writing writing, must be made in accordance with Section 5.8 and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Rights Agreement, by law or otherwise, 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 party, upon any breach breach, default or default of any other noncompliance by another party under this Agreement, the Registration Rights Agreement or the LLC Agreement or any other Transaction Document, shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach breach, default or defaultnoncompliance, or any acquiescence therein, or of or in any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character on any Grantee’s part of any breach breach, default or default noncompliance under this Agreement, the Registration Rights Agreement or under the LLC Agreement or any other Transaction Document or any waiver on such party’s part of any provisions or conditions of this the Agreement, the Registration Rights Agreement or the LLC Agreement or any other Transaction Document must be in writing and shall be effective only to the extent specifically set forth in such writing, and that all . All remedies, either under this Agreement, by law the Registration Rights Agreement, the LLC Agreement or otherwiseany other Transaction Document, by-laws, 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 Holder, upon any breach breach, default or default noncompliance of any other party Parent 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder'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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holders, shall be cumulative and not alternative.

Delays or Omissions. It is agreed that Except as expressly provided in this Lock-Up Agreement, no delay or omission to exercise any right, power or remedy accruing to any party the Investors or its respective successors or assigns, upon any breach or default of by any other party hereto under this Lock-Up Agreement shall impair any such right, power or remedyremedy of such party or its respective successors or assigns, as the case may be, nor shall it be construed to be a waiver of any such breach or default, or any an acquiescence therein, or of a waiver of or acquiescence in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set forth in writing, and that all All remedies, either under this Agreement, Lock-Up Agreement or by law or otherwise, otherwise 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 or default 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing signed by the party to be charged and shall be effective only to the extent specifically set forth in writing, and that all remedies, either under this Agreement, by law or otherwise, 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 Holder, upon any breach breach, default or default noncompliance of any other party FCG 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 breach, default or defaultnoncompliance, or any acquiescence therein, or of any similar breach breach, default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent consent, or approval of any kind or character on any Holder's part of any breach breach, default or default noncompliance under this Agreement, the Agreement or any waiver on such Holder'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, and that all . All remedies, either under this Agreement, by law law, or otherwiseotherwise afforded to Holder, 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 parry, upon any breach breach, default or default of any other noncompliance by another party under this Agreement Agreement, or any ocher agreements entered into in connection herewith (collectively, the "Related Agreements"), shall impair any such right, power or remedy, nor shall it be construed to be a waiver of any such breach default or defaultnoncompliance, or any acquiescence therein, . or of any similar breach default or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or noncompliance thereafter occurring. It is further agreed that any waiver, . permit, consent or approval of any kind or character of any breach breach, default or default noncompliance under this Agreement, or any waiver Agreement of any provisions or conditions of this Agreement the Related Agreements must be in writing and shall be effective only to the extent specifically set forth in is such writing, and that all remedies. All dies, either under undo this AgreementAgreement or the Related Agreements, by law or otherwiseotherwise afforded to any parry, shall be cumulative and not alternative.. [THIS SPACE INTENTIONALLY LEFT BLANK]

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 or default 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 or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. It is further agreed that any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver of any provisions or conditions of this Agreement must be in writing and shall be effective only to the extent specifically set 7 forth in writing, and that all remedies, either under this Agreement, by law or otherwise, shall be cumulative and not alternative.