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11. WAIVER <br /> No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by <br /> the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving <br /> the breach, failure, right or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a <br /> waiver of any other breach,whether or not similar, nor shall any waiver constitute a continuing waiver <br /> unless the writing so specifies. Further,the failure of a party to enforce performance by the other party of <br /> any term, covenant, or condition of this Agreement, and the failure of a party to exercise any rights or <br /> remedies hereunder, shall be deemed a waiver or relinquishment by that party to enforce future <br /> performance of any such terms, covenants, or conditions, or to exercise any future rights or remedies. <br /> Page 4 <br />