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The failure of any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of the provision or any part thereof or the right of any Party thereafter to enforce each and every part of the provision in respect of any subsequent default or breach.

(a) The rights of each party under this Agreement:

(a) may be exercised as often as necessary;
(b) shall be the exclusive and sole remedies of the Parties with respect to any breach, default, or Notice of termination under this Agreement or any dispute relating thereto or otherwise relating to this Agreement or its subject matter; and
(c) may be waived only in writing and specifically.

(b) Delay in exercising or non-exercise of any such right is not a waiver of that right.

Example 1
Article 20
No Waiver by Licensee
Any waiver of an obligation of the Licensee shall be in writing and signed by the Licensing Authority. No waiver shall be implied unless the Licensing Authority exercises a remedy under this Agreement or except as may be expressly provided for in this Agreement.

Example 2
33.4 Non-Waiver of Rights. The non-exercise or partial exercise by any party of any of its rights under the terms of this Agreement shall not in any case constitute a waiver of that right.

Example 3
17.6 No Waiver.
No waiver by any Party of any one or more defaults by another Party in the performance of this Agreement shall operate or be construed as a waiver of any future default or defaults by the same Party, whether of a like or of a different character. Except as expressly provided in this Agreement, no Party shall be deemed to have waived, released or modified any of its rights under this Agreement unless such Party has expressly stated, in writing, that it does waive, release or modify such right. The failure of any Party to assert or exercise any claim, right or remedy hereunder shall not be construed as a waiver of such claim, right or remedy in the future.

REFER TO MMDA DISCLAIMERS AND MMDA USER’S GUIDE
PRIOR TO ANY USE OF THIS DOCUMENT.

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