All rights and remedies hereunder and under the Indenture and the other Transaction Documents are cumulative and not alternative, and the Trustee or the Noteholders may proceed in any order from time to time against the Issuer, the Guarantor or any other guarantor of all or any part of the Obligations and their respective assets. Neither the Trustee nor the Noteholders shall have any obligation to proceed at any time or in any manner against, or exhaust any or all of the Trustee’s or the Noteholders’ rights against, the Issuer or any other guarantor of all or any part of the Obligations prior to proceeding against the Guarantor hereunder. No failure or delay on the part of the Trustee or the Noteholders in the exercise of any power, right or privilege shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No amendment, modification or waiver of any provision of this Guarantee, or consent to any departure by the Guarantor therefrom, shall be effective unless the same shall be in writing and signed by the Trustee and the Guarantor. Each amendment, modification or waiver shall be effective only in the specific instance and for the specific purpose for which it was given.