The failure of a Party to insist upon performance by the other Party of any of the provision of failure of this MOU, the failure of a Party to exercise any right or privilege pursuant to this MOU, or the waiver by a Party of any provision of this MOU, shall not be construed as, or constitute, a continuing waiver of such section, right or privilege or a waiver of any other provision or a waiver to act against any violation of, breach of or default by the other Party.