Any waiver by us of the strict observance, performance or compliance with the Terms, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any of our rights or remedies as a result of any other failure to observe, perform or comply with the Terms. No delay or omission by us in exercising any of our rights or remedies shall operate as waiver thereof or of any other right or remedy.</li> <li>