Common use of No Waiver Clause in Contracts

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by any party either Party of a breach of any provision of this Agreement shall not operate as or be construed deemed to be a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term of this Agreementprovision.

No Waiver. Any The waiver by any party of a breach of any provision of this Agreement by any party shall not operate as be deemed or be construed held to be a continuing waiver of such breach or a waiver of any other breach of such provision or of any subsequent breach of any other provision of this Agreement. The failure Agreement or as nullifying the effectiveness of a party such provision, unless agreed to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of in writing by the right thereafter to insist upon strict adherence to that term or any other term of this Agreementparties.

No Waiver. Any The waiver by any party of a breach Party of any provision breach of this Agreement by another Party shall not operate be deemed or construed as or be construed to be a waiver of any other breach of such provision breach, whether prior, subsequent, or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term contemporaneous, of this Agreement.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any either party of a breach of any provision term of this Agreement shall not operate as or be construed to be as a waiver of any other a subsequent breach of such the same provision by either party or of any the breach of any other term or provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any other party of a breach of any provision of this Agreement shall not operate as or be construed as a continuing waiver or as a consent to be a or waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementhereof.

No Waiver. Any The waiver by any party of a the breach of any provision of the terms and conditions of, or any right under, this Agreement shall not operate as or be construed deemed to be a constitute the waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term or condition or of this Agreementany similar right. No such waiver shall be binding or effective unless expressed in writing and signed by the party giving such waiver.

No Waiver. Any A waiver by any either party of a breach of any provision of this Agreement shall will not operate as operate, or be construed to be construed, as a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive by that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementsame party.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver of, or deprive that party Party of the right thereafter to insist upon strict adherence to to, that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed as a continuing waiver or as a consent to be a or waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementhereof.

No Waiver. Any waiver of any term or condition of this Agreement by either party shall not operate as a waiver of any party of a continued breach of such term or condition, or any other term or condition, nor shall any failure to enforce a provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any party either Party of a breach of any provision of the covenants, conditions or agreements under this Agreement to be performed by the other Party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one covenants, agreements, restrictions or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term conditions of this Agreement.

No Waiver. Any The waiver by any party of a breach to this Agreement of any provision term or condition of this Agreement shall not operate as or be construed to be as a waiver of any other subsequent breach of such provision or of by any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementparty.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver or non-action by either party with respect to any breach by the other party of a breach of any provision of this Agreement Agreement, nor the waiver or non-action with respect to the provisions of any similar agreement with other employees or the breach thereof, shall not operate as be deemed or be construed to be a waiver of any other succeeding breach of such provision provision, or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered as a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementprovision itself.

No Waiver. Any waiver by The failure of any party of in any instance to exercise any right under this Agreement shall not constitute a breach waiver of any provision other right that may subsequently arise under the provisions of this Agreement or any other agreement between the parties. No waiver of any breach or condition of this Agreement shall not operate as or be construed deemed to be a waiver of any other or subsequent breach or condition, whether of such provision like or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementdifferent nature.

No Waiver. Any A waiver by any party one Party of a breach of any provision of this Agreement by any other Party hereto shall not operate as or be construed to be as a waiver of any subsequent breach by such other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementParty.

No Waiver. Any A waiver by any either party of a any breach of any provision of this Agreement by the other party shall not operate as or be construed to be as a waiver of any other such subsequent breach by such party of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement.. Advisor Council Agreement

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall does not operate as or be as, nor is construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party any Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall is not be considered a waiver or and does not deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. No waiver of any of the provisions of this Agreement shall be effective unless it is in writing signed by the party making such waiver. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver by any a party of a any breach by the other party of any provision of its covenants, agreements or obligations in this Agreement shall not operate as or be construed to be a waiver of any other subsequent breach of such provision or of any the breach of any other provision of this Agreement. The failure of covenants, agreements or obligations, nor shall any forbearance by a party to insist upon strict adherence to seek a remedy for any term of this Agreement on one or more occasions shall not breach by the other party be considered a waiver or deprive that by the party of the right thereafter its rights and remedies with respect to insist upon strict adherence to that term such breach or any other term of this Agreementsubsequent breach.

No Waiver. Any A waiver by any either party of a any breach of any provision of this Agreement by the other party shall not operate as or be construed to be as a waiver of any other such subsequent breach by such party of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement.

No Waiver. Any The waiver by any a party of a breach the violation of any provision of the provisions of this Agreement Agreement, whether express or implied, shall not operate as or be construed to be as a waiver of any other breach of such provision or subsequent violation of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementsuch provision.

No Waiver. Any The waiver by any party hereto of a any breach of any provision of this Agreement shall not constitute or operate as or be construed to be a waiver of any other breach of such provision or of any breach of provisions hereof, nor shall any other failure to enforce any provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered hereof operate as a waiver at such time or deprive that party at any time in the future of the right thereafter to insist upon strict adherence to that term such provision or any other term of this Agreementprovision hereof.

No Waiver. Any A waiver by any party of a breach of any provision of this Agreement shall will not operate as operate, or be construed to be construed, as a waiver of any other subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementprovision.

No Waiver. Any waiver by any either party of a breach of any provision --------- provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any party of a breach of compliance with any provision of this Agreement by the other parties shall not operate as or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure , or of any subsequent breach by such party of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term provision of this Agreement.

No Waiver. Any The waiver by any either party of a breach of a default of any provision of this Agreement by the other party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term provision, nor shall any delay or omission on the part of this Agreementeither party to exercise or avail itself of any right, power or privilege that it has, or may have thereunder, operate as a waiver of any right, power or privilege by such party.

No Waiver. Any waiver Waiver by a Party of any party of a breach of any provision of this Settlement Agreement by another Party shall not operate as or be construed to be as a waiver of any subsequent or other breach of such provision or of any breach of any other breach. No provision of this Agreement. The failure of Settlement Agreement may be waived except by a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of written instrument signed by the right thereafter to insist upon strict adherence to that term or any other term of this AgreementParty waiving compliance.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall be in a writing signed by the party providing such waiver and shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon on strict adherence to any term of this Agreement on one or more occasions shall not be considered construed as a waiver or deprive that such party of the right to thereafter to insist upon on strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any party of a breach any of any provision the terms or conditions of this Agreement in any one instance shall not operate as be deemed or construed to be a waiver of such terms or conditions for the future, or of any subsequent breach thereof. The failure of any party hereto at any time to enforce any of the provisions of this Agreement, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of any other breach such provisions or to affect either the validity of such provision this Agreement or the right of any breach of any other party to thereafter enforce each and every provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any party of a breach of any provision of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term covenants, agreements, restrictions or conditions of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this AgreementAttachments hereto.

No Waiver. Any No waiver of any breach of any one of the agreements, terms, conditions or covenants of this Agreement by any party of a breach of any provision of this Agreement shall not operate as be deemed to imply or be construed to be constitute a waiver of any other breach of such provision agreement, term, condition, or of any breach of any other provision covenant of this Agreement. The failure of a any party to insist upon on strict adherence to performance of any term of this Agreement on one agreement, term, condition, or more occasions covenant, herein set forth, shall not constitute or be considered construed as a waiver or deprive that party of the right rights thereafter to insist upon strict adherence to that term or enforce any other term default of this Agreementsuch agreement, term, condition, or covenant.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party either Party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party either Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right to thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the Party against whom enforcement is sought.

No Waiver. Any waiver by any party either the Representative (as hereinafter defined) or the Company of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party either the Representative or the Company to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any party either Party of a breach of any provision of the covenants, conditions or agreements under this Agreement to be performed by the other Party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision the same or of any breach of any other provision covenants, agreements, restrictions or conditions of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.Agreement.‌

No Waiver. Any Failure to enforce any provision of this Agreement shall not constitute a waiver by of any party term hereof. No waiver of a breach of any provision of this Agreement shall not operate as or be construed to be constitute a waiver of any other prior, concurrent or subsequent breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions hereof, and no waiver shall not be considered a waiver or deprive that party effective unless granted in writing and signed by an authorized representative of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementwaiving Party.

No Waiver. Any No waiver by any either party of a breach of any of the terms, covenants or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition herein contained. No delay in exercising any right or remedy shall constitute a waiver thereof and no waiver by the parties of the breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other preceding or succeeding breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any 19.1. No waiver by either Party of any party right or of a breach of any binding provision of this Agreement shall not operate as or be construed to be constitute a waiver of any other breach of such provision right or of any breach of any other provision, nor shall it be deemed to be a general waiver of such provision of this Agreement. The failure of a party by such Party or to insist upon strict adherence to sanction any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or subsequent breach thereof by any other term of this Agreement.Party

No Waiver. Any No express or implied waiver by any party either of a breach of any provision of the Parties to this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term term, condition or obligation of this Agreement on one or more occasions by the other Party shall not be considered construed as a waiver of any subsequent breach of that term, condition or deprive that party obligation or of any other term, condition or obligation of this Agreement of the right thereafter to insist upon strict adherence to that term same or any other term of this Agreementa different nature.

No Waiver. Any No waiver by any party of a breach of any provision of --------- this Agreement shall not operate as or be construed deemed to be a waiver of any other preceding, or subsequent breach of such that provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in a writing of subsequent date hereto executed by the waiving party.

No Waiver. Any Failure to enforce any provision of this Agreement shall not constitute a waiver by of any party term hereof. No waiver of a breach of any provision of this Agreement shall not operate as or be construed to be constitute a waiver of any other prior, concurrent or subsequent breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions hereof, and no waiver shall not be considered a waiver or deprive that party effective unless granted in writing and signed by an authorized representative of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementwaiving party.

No Waiver. Any The waiver of any breach or failure of a term or condition of this Agreement by any party of shall not be construed as a breach waiver of any provision subsequent breach or failure of this Agreement shall not operate as the same term or be construed to be condition, or a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term condition of this Agreement.

No Waiver. Any A waiver by any party hereto of a breach of or failure to perform any provision of the covenants, agreements, restrictions or conditions in this Agreement to be performed by any other party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision or of any breach of any failure to perform the same or other provision covenants, agreements, restrictions or conditions of this Agreement. The failure of No waiver shall be effective unless duly authorized and memorialized in a writing signed by the party against whom such waiver is to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementeffective.

No Waiver. Any A waiver by any party of a breach of any provision of this Agreement shall not operate as as, or be construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not neither be considered a waiver or nor deprive that party of the any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the party to be charged therewith.

No Waiver. Any The waiver of a party to this Agreement to enforce its rights further to a breach by any the other party of a breach any of any provision of this Agreement shall not operate as its obligations or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The the failure of a party to insist upon strict adherence to enforce any term of the provisions of this Agreement on one or more occasions any of the rights in relation thereto shall not in no way be considered as a waiver of these provisions or deprive that party of rights, or affect the right thereafter to insist upon strict adherence to that term or any other term validity of this AgreementAgreement in any way, or be construed as a waiver of any prior or subsequent breach.

No Waiver. Any waiver by The failure of any party of hereto in any instance to exercise any rights provided hereby shall not constitute a breach waiver of any provision other rights that may subsequently arise under the provisions of this Agreement or any other agreement between the parties. No waiver of any breach or condition of this Agreement shall not operate as or be construed deemed to be a waiver of any other or subsequent breach or condition, whether of such provision like or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementdifferent nature.

No Waiver. Any The waiver by any party of a breach of any provision of this Agreement by any party shall not operate as or be construed to be as a waiver of any subsequent breach or violation thereof by the other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementparty.

No Waiver. Any waiver by any party of a No breach of any provision of this Agreement may be waived unless in writing signed by the Party against whom a waiver is asserted. Waiver of any one breach shall not operate as or be construed deemed to be a waiver of any other breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementhereof.

No Waiver. Any waiver by any either party of a breach of any provision provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any either party of a any breach of any provision of this Agreement by the other party shall not operate he construed as or be construed to be a waiver of any other such subsequent breach by such party of such provision the same or of any breach of any other provision provisions of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or of any other term of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any either party of a breach of any provision of this Agreement shall will not operate as or be construed interpreted as a waiver of any other or subsequent breach. A failure of either party to exercise any right provided for herein will not be deemed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementright.

No Waiver. Any waiver by any party either Party of a breach of any provision of this Agreement shall will not operate as or be construed to be a waiver of any other breach of such provision that or of any breach of any other provision of this Agreement. The failure of a party Any waiver must be in writing. Failure by either Party to insist upon strict adherence to any term provision of this Agreement on one or more occasions shall will not be considered a waiver or deprive that party such Party of the right thereafter to insist upon strict adherence to that term or any other term provision of this Agreement. No remedy herein provided shall be deemed exclusive of any other remedy allowed by law or in equity.

No Waiver. Any waiver by any a party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon on strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term taut of this Agreement.

No Waiver. Any The waiver by any either party of a breach of any provision of this Agreement or the failure by any party to exercise any right stated herein shall not operate as or be construed to be as a waiver of any subsequent breach of that right or a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementright.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered construed as a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party either Accipiter or the Company of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any party of a breach of any provision of the --------- covenants, conditions or agreements under this Agreement made or to be performed by any other party shall not operate as or be construed to be as a waiver of such breach by any other party or as a waiver of any other succeeding breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term covenant, agreement, restriction or condition of this Agreement.

No Waiver. Any waiver by any party failure of a breach party hereto to enforce any provision of this Agreement shall not be deemed a waiver of its right to enforce such provision on any subsequent occasion. No waiver of any provision of this Agreement shall be valid unless it is in writing and is executed by the party against whom such waiver is sought to be enforced. A waiver by any of the parties hereto of any provision of this Agreement will not operate as or be construed to be a waiver of any other succeeding breach of such provision thereof or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate as or be construed to be as a waiver of any subsequent breach or as a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementright.

No Waiver. Any waiver by any either party of or a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver by any either party of a any breach by the other of any provision of this Agreement shall not operate as be deemed or be construed to be a waiver of any other subsequent or continuing breach of such provision the same or of any breach of any other provision of this Agreement. The failure ; nor shall any forbearance by either party from the exercise of a party remedy for any such breach be deemed or construed to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that by such party of the right thereafter any of its rights or remedies with respect to insist upon strict adherence to that term or any other term of this Agreementsuch breach.

No Waiver. Any A waiver by any party Party of a breach of any provision of the covenants, conditions or agreements under this Agreement to be performed by any other Party shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one covenants, conditions or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term agreements of this Agreement.

No Waiver. Any waiver by either party hereto of any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that such party of the right thereafter to insist upon strict adherence to that such term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of --------- this Settlement Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Settlement Agreement. The failure of a party to insist upon strict adherence to any term of this Settlement Agreement on one or more occasions shall not be considered a waiver of or deprive that the party of the right thereafter to insist upon strict adherence to that term or any other term of this Settlement Agreement.

No Waiver. Any waiver by any party Party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of a the breach of any provision of this Agreement shall not operate as or be construed to be as a waiver of any other breach of such provision or of any breach of any other provision of this Agreementsubsequent breach. The failure of a either party at any time to insist upon strict adherence to enforce any term of the provisions of this Agreement on one or more occasions shall not be considered construed as a waiver or deprive that party of such provisions and shall not affect the right of the right Company or the Executive thereafter to insist upon strict adherence to that term or any other term of this Agreementenforce each and every provision hereof in accordance with its terms.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The waiver by any either party of a breach of any provision of this Agreement or the failure by either Party to exercise any right hereunder shall not operate as or be construed to be as a waiver of any subsequent breach of that right or as a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementright.

No Waiver. Any The waiver by either party to this Agreement of any party of a breach or violation of any provision of this Agreement shall will not operate as as, or be construed to be constitute, a waiver of any other subsequent breach of such provision the same or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver by any party hereto of a breach of any provision of this Agreement shall not by any other party, or of compliance with any condition or provision of this Agreement to be performed by such other party, will operate as or be construed to be as a waiver of any subsequent breach by such other breach of such provision or party of any breach of similar or dissimilar provisions and conditions at the same or any other provision of this Agreementprior or subsequent time. The failure of a any party hereto to insist upon strict adherence to take any term action by reason of this Agreement on one or more occasions shall such breach will not be considered a waiver or deprive that such party of the right thereafter to insist upon strict adherence to that term or take action at any other term of this Agreementtime while such breach continues.

No Waiver. Any A waiver by any party either Party of a breach of any provision of the covenants, conditions or agreements under this Agreement to be performed by the other Party shall not operate as or be construed to be as a waiver of any other such breach of such provision or succeeding breach or of any breach of any the same or other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one covenants, agreements, restrictions or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term conditions of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement must be in writing and shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any The failure of any Party to enforce any of its rights arising by reason of any breach of covenant on the part of any other Party will not constitute a waiver of such breach. No custom or practice which exists or arises between or among the Parties in the course of administering this Agreement will be construed to waive any Party’s rights to (i) insist upon the performance by any party other Party of a any covenant in this Agreement or (ii) exercise any rights given it on the account of any breach of such covenant. A waiver of any provision of this Agreement shall particular breach will not operate as or be construed deemed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term of this Agreementsubsequent breach.

No Waiver. Any No waiver by either Party of any party of a breach by the other of any provision of this Agreement shall not operate as be deemed or be construed to be a waiver of any other subsequent or continuing breach of such provision the same or of any breach of any other provision of this Agreement. The failure ; nor shall any forbearance by either Party from the exercise of a party remedy for any such breach be deemed or construed to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that by such party of the right thereafter any of his rights or remedies with respect to insist upon strict adherence to that term or any other term of this Agreementsuch breach.

No Waiver. Any waiver by any either party of a breach of any provision provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by The failure of one of the parties to enforce any party of a breach of any provision the provisions of this Agreement or any rights with respect thereto shall in no way be deemed a waiver of such provisions or rights or in any way affect the validity of this Agreement. The waiver of any breach of this Agreement by one of the parties shall not operate as or be construed to be as a waiver of any other prior or subsequent breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.. [SIGNATURES FOLLOW]

No Waiver. Any waiver by any either party of a breach of any provision --------- provisions of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any A waiver by any party of a breach of any provision of the ---------- covenants, conditions or agreements under this Agreement made or to be performed by any other party shall not operate as or be construed to be as a waiver of such breach by any other party or as a waiver of any other succeeding breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term covenant, agreement, restriction or condition of this Agreement.

No Waiver. Any The waiver by any party of a breach or violation of, or failure of any party to enforce, any provision of this Agreement shall not operate as or be construed to be as a waiver of any other subsequent breach of such provision or violation or as a relinquishment of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreementrights hereunder.

No Waiver. Any waiver by any party of a breach of any --------- provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any No waiver by any either party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party Party of a breach of any provision of this Agreement shall does not operate as or be as, nor is construed to be be, a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party Party to insist upon strict adherence to any term of this Agreement on one or more occasions shall is not considered to be considered a waiver or deprive that party Party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach of any --------- provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party of a breach The failure of any provision of the Parties to enforce any of the provisions of this Agreement or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way to affect the validity of this Agreement. The waiver of any breach of this Agreement by any Party hereto shall not operate as or to be construed to be as a waiver of any other breach of such provision prior or subsequent breach. Except to the extent as may otherwise be stated herein, no waiver of any breach of any other provision of this Agreement. The failure of term hereof will be binding unless expressed as such in a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of document executed by the right thereafter to insist upon strict adherence to that term or any other term of this AgreementParty making such waiver.

No Waiver. Any The waiver by any either party of a breach of a default of any provision of this Agreement by the other shall not operate as or be construed to be as a waiver of any other succeeding breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term same or any other term provision, nor shall any delay or omission on the part of this Agreementeither party to exercise or avail itself of any right, power or privilege that it has, or may have shall operate as a waiver of any right, power or privilege by such party.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a any party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any either party of a breach of any provision of --------- this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a either party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or to deprive that such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any provision hereof can be waived only by a written instrument making specific reference to this Agreement signed by the party against whom enforcement of such waiver is sought. Any waiver by any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

No Waiver. Any waiver by any party hereto of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered to be a waiver of that term or any other term of this Agreement and shall not deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.