,(vii)Except as set forth in Section 5, no failure or delay by either Party in exercising any right, power, or remedy will ,operate as a waiver of such right, power, or remedy, and no waiver will be effective unless it is in writing and signed ,by the waiving Party. If either Party waives any right, power, or remedy, such waiver will not waive any subsequent ,or other right, power, or remedy the Party may have under the Terms.