No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Consultant and such officer or director as may be designated by the Board of Managers of the Company.  The Company shall use commercially reasonable efforts to consult with the Consultant before issuing any press releases or other public statements regarding the Consultant’s role as a consultant and participation in the equity of the Company.  No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.  This Agreement represents the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, supersedes any and all other agreements, verbal or otherwise, between the parties hereto concerning such subject matter, and no agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement; provided that in the event that the Consultant is or becomes a party to any other agreement with the Company or any of its affiliates providing for restrictive covenants similar to Sections 5 and 6 , the provisions of such agreement shall also apply pursuant to its terms.