Common use of Waiver and Amendment Clause in Contracts

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationmodifications, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, change or amendment or waiver of any provision of this Agreement shall be effective valid unless made in writing and signed by the party to be chargedboth Parties. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, any Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power power, or remedy. No waiver of any term, condition, or breach of this Agreement shall be construed as a waiver of any other term, condition, or breach.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver modification of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such other right, power power, or remedy. No waiver of any term, condition, or default of this Agreement shall be construed as a waiver of any other term, condition, or default.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No The failure or delay by of either party to enforce at any time the provisions of this Agreement shall in exercising any right, power, no way constitute a present or remedy under this Agreement, except as specifically provided herein, shall operate as a future waiver of such provisions, nor in any way affect the right of either party to enforce each and every such right, power or remedyprovision thereafter.

Waiver and Amendment. No modificationwaiver, amendment amendment, modification or waiver change of any provision of this Agreement shall be effective unless and until made in writing and signed by all of the party to be chargedparties hereto. No waiver, forbearance or failure or delay by either any party in exercising hereto of its right to enforce any right, power, or remedy under provision of this Agreement, except as specifically provided herein, Agreement shall operate as constitute a waiver or estoppels of such party's right to enforce any other provision of this Agreement or a continuing waiver by such right, power or remedyparty of compliance with any provision.

Waiver and Amendment. No modificationwaiver, amendment amendment, modification or waiver change of any provision of this Agreement shall be effective unless and until made in writing and signed by all of the party to be chargedparties hereto. No waiver, forbearance or failure or delay by either any party in exercising hereto of its right to enforce any right, power, or remedy under provision of this Agreement, except as specifically provided herein, Agreement shall operate as constitute a waiver or estoppel of such party's right to enforce any other provision of this Agreement or a continuing waiver by such right, power or remedyparty of compliance with any provision.

Waiver and Amendment. No modificationwaiver, amendment or waiver of any provision modification of this Agreement shall be effective unless it is in writing and signed by the party against whom the waiver, amendment or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power or remedy. No waiver of any term, condition or default of this Agreement shall be construed as a waiver of any other term, condition or default.

Waiver and Amendment. No modificationwaiver, amendment amendment, modification or waiver change of any provision of this Agreement shall be effective unless and until made in writing and signed by all of the party to be chargedparties hereto. No waiver, forbearance or failure or delay by either any party in exercising of its right to enforce any right, power, or remedy under provision of this Agreement, except as specifically provided herein, Agreement shall operate as constitute a waiver or estoppel of such party's right to enforce any other provision of this Agreement or a continuing waiver by such right, power or remedyparty of compliance with any provision.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this Agreement shall be effective unless in writing and signed by the party Party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power power, or remedy. No waiver of any term, condition or default of this Agreement shall be construed as a waiver of any other term, condition, or default.

Waiver and Amendment. No modificationwaiver, amendment or waiver modification of any provision of this Agreement shall be effective unless consent by both parties in writing and signed by the party to be chargedwriting. No failure or delay by either party in exercising any rightrights, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy. Any terms and/or conditions of this Agreement may be waived at any time, pursuant to this section, but a waiver in one instance shall not be deemed to constitute a waiver in any other instance.

Waiver and Amendment. No modificationwaiver, amendment amendment, modification or waiver change of any provision of this Agreement shall be effective unless and until made in writing and signed by the party to be chargedParties. No waiver, forbearance or failure or delay by either party in exercising any right, power, or remedy under Party of its rights to enforce any provision of this Agreement, except as specifically provided herein, Agreement shall operate as constitute a waiver or estoppel of such Party’s right to enforce any other provision of this Agreement or a continuing waiver by such right, power or remedyParty of compliance with any provision hereof.

Waiver and Amendment. No modificationwaiver, amendment or waiver modification of any provision hereof or of this Agreement any right or remedy hereunder shall be effective unless made in writing and signed by the party Party against whom such waiver, amendment or modification is sought to be chargedenforced and this Agreement may only be amended by a writing signed by both Parties. No failure or by any Party to exercise, and no delay by either party any Party in exercising exercising, any right, power, power or remedy under this Agreement, except as specifically provided herein, with respect to the obligations secured hereby shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment amendment, modification or waiver change of any provision of this Agreement shall be effective unless and until made in writing and signed by all of the parties hereto or constitute a continuing waiver by such party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any compliance with such right, power or remedyprovision unless so stated.

Waiver and Amendment. No modificationwaiver, amendment or waiver modification of any provision of this Agreement hereof shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, hereunder shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment or waiver modification of any provision hereof or of this Agreement shall any right or remedy hereunder will be effective unless made in writing and signed by the party against whom such waiver, amendment or modification is sought to be chargedenforced and this Agreement may only be amended by a writing signed by both parties. No failure or by any party to exercise, and no delay by either any party in exercising exercising, any right, power, power or remedy under this Agreement, except as specifically provided herein, shall with respect to the obligations secured hereby will operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver modification of any provision of this Agreement shall will be effective unless consented to by both parties in writing and signed by the party to be chargedwriting. No failure or delay by either party in exercising any rightrights, power, or remedy under this Agreement, except as specifically provided herein, shall Agreement will operate as a waiver of any such right, power power, or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as NETGRAVITY ADSERVER LICENSE AGREEMENT specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this -------------------- Agreement shall be effective unless in writing and signed by the party Party against whom the waiver, amendment, or modification is sought to be chargedenforced. No no failure or delay by either party Party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any -------------------- provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment amendment, modification or waiver change of any provision of this Agreement shall be effective unless and until made in writing and signed by all of the party to be chargedparties hereto. No waiver, forbearance of failure or delay by either any party in exercising hereto of its right to enforce any right, power, or remedy under provision of this Agreement, except as specifically provided herein, Agreement shall operate as constitute a waiver or estoppel of such party’s right to enforce any other provision of this Agreement or a continuing waiver by such right, power or remedyparty of compliance with any provision.

Waiver and Amendment. No modificationwaiver, amendment or waiver modification of any provision of this Agreement shall be effective unless consented to by both parties in writing and signed by the party to be chargedwriting. No failure or delay by either party in exercising any rightrights, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall will be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall will operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless unless,~ in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment or waiver modification of any provision of this Agreement shall be effective unless consented to by both parties in writing and signed by the party to be chargedwriting. No failure or of delay by either party in exercising any rightrights, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy. Any terms and/or conditions of this Agreement may be waived at any time, pursuant to this section, but a waiver in one instance shall not be deemed to constitute a waiver in any other instance.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver modification of any provision of this Agreement shall be effective unless in writing and signed by the party Party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power power, or remedy. No waiver of any provision, condition, or breach of this Agreement shall be construed as a waiver of any other provision, condition, or breach.

Waiver and Amendment. No modification, amendment or waiver modification of any provision of this Agreement shall hereof will be effective unless in writing and signed by the party to be chargedboth Parties. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall hereunder will operate as a waiver of any such right, power or remedyremedy nor create an expectation of non-enforcement of that or any other provision or right. No waiver of any provision hereof will be effective unless in a signed writing by the person charged with making such waiver.

Waiver and Amendment. No modificationwaiver, amendment amendment, modification or waiver change of any provision of this Agreement shall be effective unless and until made in writing and signed by the party to be chargedParties. No waiver, forbearance or failure or delay by either party in exercising any right, power, or remedy under Party of its rights to enforce any provision of this Agreement, except as specifically provided herein, Agreement shall operate as constitute a waiver or estoppel of such Party’s right to enforce any other provision of this Agreement or a continuing waiver by such right, power or remedyParty of compliance with any provision.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party in is exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power power, or remedy. No waiver of any term, condition, or default of this agreement shall be construed as a waiver of any term, condition, or default.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement or any applicable schedule shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment or waiver of any provision modification of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom the waiver, amendment or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power or remedy. No waiver of any term, condition or default of this Agreement shall be construed as a waiver of any other term, condition, or default.

Waiver and Amendment. No modificationwaiver, amendment or waiver of any provision modification of this Agreement shall be effective unless in writing and signed by the party Party against whom the waiver, amendment or modification is sought to be chargedenforced. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of such or any such other right, power power, or remedy. No waiver of any term, condition, or default of this Agreement shall be construed as a waiver of any other term, condition, or default.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this Agreement shall be effective unless in writing and signed agree to by the party Party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power power, or remedy. No waiver of any term, condition or default of this Agreement shall be construed as a waiver of any other term, condition, or default.

Waiver and Amendment. No modification, amendment or modification of this Agreement, -------------------- nor any waiver of any provision of this Agreement shall rights, will be effective unless assented to in writing and signed by the party to be charged. No failure , and the waiver of any breach or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as default will not constitute a waiver of any such right, power other right hereunder or remedyany subsequent breach or default.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this -------------------- Agreement shall be effective unless in writing and signed by the party Party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party Party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power or remedy.

Waiver and Amendment. No modification, amendment amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, power or remedy under this Agreement, except as unless specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall will be effective unless in writing writing. and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall Agreement will operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver modification of any provision of this Agreement shall be effective unless in writing and signed by the party against whom such waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, or remedy under this Agreementremedy, except as specifically is expressly provided herein, shall operate as a waiver of any such right, power power, or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall Agreement will operate as a waiver of any such right, power or remedy. No waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. Any waiver by either party of any provision of this Agreement will not be construed as a waiver of any other provision of this Agreement, nor will such waiver operate as or be construed as a waiver of such provision respecting any future event or circumstance.

Waiver and Amendment. No modificationwaiver, amendment or waiver of any provision modification of this -------------------- Agreement shall be effective unless it is in writing and signed by the party against whom the waiver, amendment or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power or remedy. No waiver of any term, condition or default of this Agreement shall be construed as a waiver of any other term, condition or default.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party Party to be charged. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.. CastaLink/INSYNQ/l112net2agm 10 August 3, 2000

Waiver and Amendment. No Except as set forth in Section 11, no modification, amendment or waiver of any provision of this Agreement shall will be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall Agreement will operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party claimed to be chargedhave waived or consented. No failure or delay Any consent by either any party in exercising any right, powerto, or remedy under this Agreementwaiver of, except as specifically provided hereina breach by the other, whether express or implied, shall operate as not constitute a consent to, waiver of or excuse of any such right, power other different or remedysubsequent breach.

Waiver and Amendment. No modification, amendment or waiver modification of any provision of this Agreement shall be effective unless and until made in writing and signed by each of the party to be chargedParties. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any provision hereof shall be effective unless it is in a writing signed by the party entitled to the benefit of such rightprovision. No waiver, power forbearance or remedyfailure by any Party of its rights to enforce any provision of this Agreement shall constitute a waiver or estoppel of such Party's right to enforce any other provision of this Agreement or a continuing waiver by such Party of compliance with any provision.

Waiver and Amendment. No modificationwaiver, amendment or waiver modification of any provision of this Agreement shall be effective unless consented to by both parties in writing and signed by the party to be chargedwriting. No failure or delay by either party in exercising any rightrights, power, power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy. Any terms and/or conditions of this Agreement may be waived at any time, pursuant to this section, but a waiver in one instance shall not be deemed to constitute a waiver in any other instance.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective effective, unless in writing and signed by the party to be chargedboth parties. No failure or delay by either party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy. Without limiting the foregoing, any additional legal terms and conditions submitted by You in any other documents, including but not limited to the Entitlement, shall be of no legal force or effect.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment, or modification is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power power, or remedy.. No waiver of any term, condition, or breach of this Agreement shall be construed as a waiver of any other term, condition, or breach. 6.3

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be chargedboth parties. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of right under this Agreement agreement shall be effective unless in writing and signed by the party against whom such waiver is sought to be chargedenforced. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, hereunder shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, change or amendment or waiver of any provision of this Agreement shall be effective valid unless made in writing and signed by the party to be chargedboth Parties. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, any Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment amendment, or waiver of any -------------------- provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modificationwaiver, amendment amendment, or waiver of any provision modification of this --------------------- Agreement shall be effective unless in writing and signed by the party to be chargedboth Parties. No failure or delay by either party Party in exercising any right, power, power or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such the right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any -------------------- provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.. 9.3

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party Party to be charged. No failure or delay by either party Party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such right, power or remedy.. 12.3

Waiver and Amendment. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the bythe party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such CLAIM , WHCHEVE S LESSE right, power or remedy.. REARDLESS OF HE CAUSE AND WHEHER ARISNI N COA CT OTRT (CLUDIN

Waiver and Amendment. No modificationwaiver, amendment or waiver of any provision modification of this Agreement shall be effective unless in writing and signed by the party against whom the waiver, amendment or modification is sought to be chargedenforced. No failure or delay by either party Party in exercising any right, power, right power or remedy under this Agreement, except as specifically provided herein, Agreement shall operate as a waiver of any such the right, power or remedy. No waiver of any term, condition or default of this Agreement shall be construed as a waiver of any other term, condition or default.

Waiver and Amendment. No modification, amendment or waiver of -------------------- any provision of this Agreement shall be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.