Either Party, by written instrument, may (i) waive compliance by the other Party with, or modify any of, the covenants or agreements made by the other Party in this Agreement or (ii) waive or modify performance of any of the other obligations or other acts of the other Party. The delay or failure on the part of a Party to insist, in any one instance or more, upon strict performance of any term or condition of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as a waiver of any such term, condition, right or privilege, and the same shall continue and remain in full force and effect. Except as expressly set forth herein, all rights and remedies are cumulative.