14.4 Assignment. Contractor shall not assign this Agreement nor delegate any duties hereunder without the specific written consent of an authorized representative of Menlo, which consent shall be granted at the sole discretion of Menlo. Notwithstanding the foregoing, Contractor may (a) delegate duties related to the movement of materials hereunder to subcontractors without first obtaining the approval of Menlo or (b) assign all or any portion of this Agreement to any affiliate, subsidiary or parent company of Contractor without first obtaining the approval of Menlo, provided, however, the Contractor shall remain primarily liable for the performance of any obligations so assigned.
14.5 Waiver. Waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provision of this Agreement.
14.6 Modification. No waiver, alteration or modification of any of the provisions of this Agreement, or any of the exhibits or appendices referred to herein, shall be binding upon either party unless in writing signed by the duly authorized representatives of both parties.
14.7 Entire Agreement. This Agreement, together with all Appendices and Exhibits hereto, constitutes the entire agreement between Menlo and Contractor with respect to the subject matter hereof and shall supersede all prior oral or written representations and agreements. If Menlo or Contractor identify a term or condition of transport not addressed in this Agreement that
should be addressed, it will be brought to the other party’s attention and mutually resolved.