Common use of WAIVER AND VARIATION Clause in Contracts

WAIVER AND VARIATION. 16.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 25.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement Deed or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement Deed or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 25.2 A waiver of any right or remedy under this Agreement Deed shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 25.3 A party that waives a right or remedy provided under this Deed or by Law in relation to another party does not affect its rights in relation to any other party. 25.4 Subject to Clause 16.425.5, no variation or amendment of this Agreement Deed shall be valid unless it is in writing and duly executed by or on behalf of all of the parties each party to this AgreementDeed. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this AgreementDeed, nor shall it affect any rights or obligations under or pursuant to this Agreement Deed which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement Deed shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything 25.5 The parties agree that, should the Seller Representative or the Buyer wish to amend the approach to Optionholders pursuant to this Deed with a view to achieving a more favourable tax treatment for the Optionholders and/or the Company, the other parties shall use all reasonable endeavours to facilitate such amendment and such amendment shall be valid and binding on all parties to this Deed if duly executed in this Agreement to the contrary, this Clause 16, Clause 18 writing by and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent behalf of the Financing Sources materially Seller Representative and adversely affected therebythe Buyer.

WAIVER AND VARIATION. 16.1 A 19.1 Except as otherwise provided in this Agreement: (a) any failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No ; and (b) no single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 19.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 19.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in 19.4 The parties to this Agreement shall not require the consent of any person having a right to the contrary, this Clause 16, Clause 18 and Clause 21 (and enforce any provision term of this Agreement under the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ to the extent an amendmentterminate or vary all or any part of this Agreement, modification, waiver or termination of such including any provision would modify the substance of pursuant to which any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected therebyperson has any such right.

WAIVER AND VARIATION. 16.1 (a) A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 . A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law in relation to another party does not affect its rights in relation to any other party. 16.3 Subject to Clause 16.4, no (b) No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties each party to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 18.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by LawIP Agreement, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by LawIP Agreement, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 18.2 A waiver of any right or remedy under this IP Agreement shall only be effective if given in writing and signed by the Party against whom the waiver would be enforced and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 18.3 No variation or amendment of this IP Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties Parties to this IP Agreement. Unless expressly agreedagreed in writing, no variation or amendment shall constitute a general waiver of any other provision of this IP Agreement, nor shall it affect any rights or obligations under or pursuant to this IP Agreement which have already accrued up to the date of variation or amendment amendment, and the rights and obligations under or pursuant to this IP Agreement shall remain in full force and effect effect, except and only to the extent that they are varied or amendedamended in accordance with this clause 18. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 11.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by Applicable Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Applicable Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 11.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A Party that waives a right or remedy provided under this Agreement or by Applicable Law in relation to another Party does not affect its rights in relation to any other Party. 16.3 Subject to Clause 16.411.3 Unless otherwise specified in this Agreement, no any variation or amendment of this Agreement or any of the documents referred to in it shall be valid unless valid, effective and binding upon all parties if it is in writing and duly executed signed by or on behalf of all of the parties to this Agreement. parties. 11.4 Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 23.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 23.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed to be a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 23.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of ▇▇▇▇▇▇▇ and the parties to this AgreementPurchaser. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 15.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 15.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 15.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 8.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement Deed or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement Deed or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 8.2 A waiver of any right or remedy under this Agreement Deed shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Deed or by Law in relation to another party does not affect its rights in relation to any other party. 16.3 Subject to Clause 16.4, no variation 8.3 Each party agrees that this Deed may be varied or amendment of this Agreement shall be valid unless it is amended by agreement in writing and duly executed by or on behalf of all each of the parties to this Agreement. parties. 8.4 Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this AgreementDeed, nor shall it affect any rights or obligations under or pursuant to this Agreement Deed which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement Deed shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 17.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 17.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by Law in relation to another party does not affect its rights in relation to any other party. 16.3 Subject to Clause 16.4, no 17.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 10.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 10.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 10.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties Parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 21.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 21.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject 21.3 A Party that waives a right or remedy provided under this Agreement or by Law in relation to Clause 16.4, no another Party does not affect its rights in relation to any other Party. 21.4 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties each Party to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 27.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 27.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject 27.3 A party that waives a right or remedy provided under this Agreement or by Law in relation to Clause 16.4, no another party does not affect its rights in relation to any other party. 27.4 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement▇▇▇▇▇▇▇ and Whirlpool. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 12.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 12.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 12.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 21.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or or, save as referred to in Clauses 10 and 19, any other right or remedy. 16.2 21.2 A party that waives a right or remedy provided under this Agreement or by Law in relation to another party does not affect its rights in relation to any other party. 21.3 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 21.4 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 10.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Lawlaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 10.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 10.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 23.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 23.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 23.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this AgreementBuyer and the Sellers. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 26.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by LawAgreement, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by LawAgreement, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 26.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and signed by the Party against whom the waiver would be enforced and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 26.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties Parties to this Agreement. Unless expressly agreedagreed in writing, no variation or amendment shall constitute a general waiver of any other provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment amendment, and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect effect, except and only to the extent that they are varied or amendedamended in accordance with this clause 26. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 A waiver of any right or remedy under this Agreement shall only be effective if given set forth in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 22.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 22.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 22.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 31.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by LawAgreement, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by LawAgreement, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 31.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and signed by the Party against whom the waiver would be enforced and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 31.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties Parties to this Agreement. Unless expressly agreedagreed in writing, no variation or amendment shall constitute a general waiver of any other provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment amendment, and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect effect, except and only to the extent that they are varied or amendedamended in accordance with this clause 31. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 11.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 11.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 11.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.

WAIVER AND VARIATION. 16.1 22.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. 16.2 22.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 16.3 Subject to Clause 16.4, no 22.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of all of the parties to this AgreementPurchaser, the Institutional Vendors and the Management Vendors’ Representative. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended. 16.4 Notwithstanding anything in this Agreement to the contrary, this Clause 16, Clause 18 and Clause 21 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of any such clauses) may not be amended, modified, waived or terminated in a manner that materially and adversely affects the Financing Sources without the prior written consent of the Financing Sources materially and adversely affected thereby.