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(d) Upon the failure to cure an Event of Default, any nondefaulting party may <br /> bring any action at law or in equity, including but not limited to any proceeding in <br /> the nature of specific performance, injunctive relief or mandamus. In addition, <br /> upon the failure of a defaulting party to cure an Event of Default, any <br /> nondefaulting party may terminate this Agreement, but the termination will not <br /> affect that party's right to seek compensatory damages on account of the Event <br /> of Default for which this Agreement has been terminated. <br /> <br /> (e) Failure by a party to insist upon the strict performance of any of the <br /> provisions of this Agreement by any other party, irrespective of the length of time <br /> for which that failure continues, is not a waiver of that party's right to demand <br /> strict compliance by the other party in the future. No waiver by a party of an <br /> Event of Default is effective or binding upon that party unless the waiver is in <br /> writing, and no waiver may be implied from any omission by a party to take any <br /> action with respect to any Event of Default. No express written waiver of any <br /> Event of Default affects any other Event of Default, or covers any other period of <br /> time, other than the Event of Default or period of time specified in the express <br /> waiver. One or more written waivers of an Event of Default is not a waiver of <br /> either any subsequent Event of Default or the performance of the same or any <br /> other term or provision contained in this Agreement. All of the remedies <br /> available to a party under this Agreement, or at law or in equity, are cumulative <br /> and not alternative, and invocation of any right or remedy is not a waiver or <br /> <br /> -14- <br />opferO408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />