If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the price you paid for the ticket. The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the Content) are owned by us, Live Nation - Bank of NH Pavilion or our licensors. PNC Bank Arts Center, BB&T Pavilion latest NJ venues with vaccine mandates By: Daniel J. Munoz August 16, 2021 8:22 am Two major venues in the Garden State - the PNC Bank Arts Center in. You may be able to access Advanced Services to: If you elect to engage in any such transaction, then additional terms may apply. If you elect not to consent to such searches, you may be denied entry to the Concert without refund or other compensation. We each agree that the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Categories: Local, New Hanover, Top Stories Tags : COVID-19 , COVID-19 Vaccine , Live Oak Bank Pavilion , Live Oak Bank Pavilion at Riverfront Park , New-Hanover-County Facebook You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. If anyone brings a claim against us related to your or Your Parties use of the Seats or tickets or your violation of these Terms, you agree to indemnify, defend and hold us and, our parents, shareholders, members, partners, affiliates, divisions and subsidiaries. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. The number of complimentary parking passes available for music festivals may vary. Complimentary parking is available on a first come, first served basis. We are not responsible for the content of those websites, or the privacy practices of those websites. Any dispute or claim relating in any way to the Agreement will be resolved by binding arbitration rather than in court. We cannot guarantee that you will have the right to renew the Agreement or, if you renew, that you will receive the same Seats. Cons Sometimes difficult hours with shows going late and occasionally back-to-back nights on weekends. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Ticketmaster, Live Nation, Event Providers, and their affiliated companies relating to such risks. . . You should not assume that you will receive a tax deduction for forwarding tickets to a charity or any documents that can be used to support a tax deduction. Such fees are not refundable under any circumstances. You consent to such searches and waive any related claims that may arise. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. The Site is directed to people residing in the United States. If you require a refund instead of the credit, you will need to request a refund in writing. "Opt-In Per Concert Price" means the per-Concert price set forth on your Invoice. He has been given an unspecified court date to appear at the 4th Circuit Court, District Division in Laconia, New Hampshire. No refund will be owed if an opening act or festival performer is changed or canceled. See all 1,140 properties in Bank of New Hampshire Pavilion at Meadowbrook Lowest nightly price found within the past 24 hours based on a 1 night stay for 2 adults. For information regarding COVID-19 and traveling, please visit the New Hampshire Department of Health and Human Services travel safety website. Furthermore, any person failing to follow LN Protocols or acting in a manner that threatens the general peace and security of any Concert, including but not limited to using foul or abusive language, appearing intoxicated, or otherwise displaying rowdy or inconsiderate behavior, is subject to ejection. If Live Nation - Bank of NH Pavilion offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on Live Nation - Bank of NH Pavilion website. Typically, the average price you'll pay for a Foo Fighters Bank of New Hampshire Pavilion concert is $263.00. LA23625 and, as I referenced earlier - getting out of the parking lot was much quicker. Force Majeure Event means a fire, earthquake, war, revolution, civil riot, disaster, acts of public enemies, blockade or embargo, strikes, epidemics, pandemics, any law, order, or proclamation by a governmental authority, act of God, or any other event or occurrence which is beyond the reasonable control of either of us, and which renders performance impossible or impracticable. The following terms and conditions, as well as any other policies, rules or guidelines that may be applicable to particular offers or features presented to you (you or your) by Live Nation Worldwide, Inc. (LN, we or us), (collectively "Terms") govern your purchase of tickets under the Premium Seat Sales program. Reviews from Bank of New Hampshire Pavilion employees about Bank of New Hampshire Pavilion culture, salaries, benefits, work-life balance, management, job security, and more. COVID-19 is an extremely contagious disease that can lead to severe illness and death. In these cases, we will attempt to contact you, using the information provided at the time of purchase. Any renewal will be subject to the same terms and conditions offered to other purchasers at that time. If one or more Concerts during the applicable Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the same Concert Season, you will receive a Threshold Credit to apply to the next Concert Season. It requires people to wear one in public when they can't stay away from others. For more information, please go to our FAQ page 1099-K Form: Answer to Some Common Questions. New Hampshire's mask mandate started in November after a spike in COVID-19 cases. Opening acts or guests may sometimes tour with headlining performers. Please try adjusting the number of tickets selected or use the seat map to search for available seats. . Under the updated New Hampshire guidance, people who test positive for COVID-19 or are exposed to a person in their household who tests positive should quarantine or isolate for five days,. Gov. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by Live Nation - Bank of NH Pavilion. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us. Any assignment in violation of this section shall be deemed void. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. . We are not always made aware of opening acts or the length of their performances. Amazing place to work. U.S. Sen. Maggie Hassan got the rock star treatment Thursday at the Bank of New Hampshire Pavilion after she helped secure critical assistance to help the iconic outdoor amphitheater stay. Throughout the Term, you will have the right to use your Ticket Credit to purchase tickets to Concerts at the Venue. . No rights or obligations, including without limitation renewal, are created or conferred on either party beyond these Terms. If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, you will be entitled to receive replacement tickets to a mutually agreed upon Concert on the remaining schedule, subject to availability. We or Live Nation - Bank of NH Pavilion will collect funds from the purchaser, and Live Nation - Bank of NH Pavilion will transmit to you a credit or payment as described elsewhere in these Terms. Many states may also require Ticketmaster to report when you have made at least $600 in transactions on our marketplaces, although some states may require reporting based on different thresholds. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to your tickets. You must pay the amounts due for all tickets in addition to your Fee. On Tuesday afternoon, the Carolina Panthers released a statement in regards to health and safety protocols for upcoming team events at Bank of America Stadium. Disputes, Including Mandatory Arbitration and Class Action Waiver. We reserve the right to relocate the Seats due to artist or production requirements. Starting on July 17, with Matchbox Twenty, the shows are . CONCORD, N.H. (CBS/AP) New Hampshire is not developing or requiring "vaccine passports," documents that show you were vaccinated against COVID-19, but a . Additional tickets may be purchased at the published price plus applicable taxes and fees. If you use the Advanced Services to sell a ticket, you will be the tickets seller, not us or Live Nation - Bank of NH Pavilion. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. If paper tickets were issued prior to a cancelled or postponed Concert, then we may ask you to return the paper tickets for the cancelled or postponed Concert before we issue a Threshold Credit. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. Seats located in the back of the venue are always the cheapest option and can cost as low as $26.00 a ticket. . For purposes of this Agreement, each day of a multi-day music festival shall be considered a separate Concert. You acknowledge that LN may, in its sole discretion, terminate this Agreement for violation of this rule. The entertainment juggernaut Live Nation announced Friday it will require proof of COVID vaccination or a recent negative test for all attendees and performers at its venues starting Oct. 4. Terms Applicable to Full Concert Season Packages, Days Prior to the Concert Season Start Date, V.Terms Applicable to Personal Seat Licenses. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. The Threshold Credit amount shall apply to the next Concert Season. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys fees. There is no verbal agreement or other understanding between you and us, and LN makes no warranties or representations, regarding the number of Concerts to be held during the Concert Season(s) covered by this Agreement. This license exists only so long as you strictly comply with each of the provisions described in this section. If you require a refund instead of the credit, you will need to request a refund in writing. Concert Threshold means the number of Concerts provided as part of Purchasers full concert season package, in order of public announcement date by LN, as stated on your Invoice. We each agree that the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Cancellation of a Concert or postponement of a Concert outside of the Term in no way relieves you of your obligation to make full payment of the Fee amount stated on the Invoice. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. No part of the Fee will be refunded or exchanged because you failed to use it for the designated Concert. and any other resale marketplace, provided that: If you post your non-box/suite/table/club seat tickets for sale in a resale marketplace, you must also post them for sale on TM+. Please consult Live Nation - Bank of NH Pavilion for additional terms and requirements. Live Nation will start requiring performers and concert goers at their fully owned and operated venues to offer proof of vaccination or a negative test result starting Oct. 4. Stay alert at all times before, during and after play or performance. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. WE PROVIDE THE SITE AND THE CONTENT TO YOU AS IS AND AS AVAILABLE. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Job Title. GILFORD, N.H. The sprawling grounds of the Bank of New Hampshire Pavilion, set next to Lake Winnipesaukee, have been playing host to live concerts for more than 20 years. Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account and prevent you from accessing the Site at any time without notice to you. Next up are an 1980s rock tribute festival, two dates with Brantley Gilbert, then three nights with Old Dominion, and, on July 16, the Tedeschi Trucks Band. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness (including exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the event, however caused or contracted, and hereby waives all claims and potential claims against Ticketmaster, Live Nation, and Event Providers relating to such risks. Easy living in the Big Easy: $150,000, 7924 Sandy Cove Drive, New Orleans, LA 70128 Two palm trees flank the entran Only one Concert of an artists multi-night run may be included in the Series, unless otherwise communicated to you by us. 09/18/2020: Governor Chris Sununu Issues Executive Order 2020-18. Breach of terms or rules will terminate your license to attend the event without refund. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including without limitation any claim that all or any part of the Agreement is void or voidable. The Department will be holding a public hearing on the adoption of administrative rule Lab 1500. The Site contains links to other websites that may not be owned or operated by us. Ticket and VIP amenity orders will be processed only if the Ticket Bank has a value greater than or equal to your order, including service fees and applicable taxes. Tickets will be in the form of a digital ticket on your mobile device unless we advise you otherwise. . Emergency Order 38 - Temporary modification of school board and district statutory requirements . If struck, immediately ask an usher for directions to a medical station. . LN and the Venue reserve the right to update the LN Protocols at any time in their sole discretion. You may not transfer or sell access to your account. There shall be no oral or implied agreement between you and us, you and Live Nation - Bank of NH Pavilion, or you, us and Live Nation - Bank of NH Pavilion, that shall be binding or enforceable. Pasadena,California91185-3625, III. Last Updated: November 16, 2022. The "Last Updated" date above will tell you when these Terms were last revised. Bank of New Hampshire Pavilion 4 303 #2 of 18 things to do in Gilford Theaters Closed now 9:00 AM - 5:00 PM Visit website Call Write a review What people are saying By sox1fan " No Longer A Pavilion Virgin " Aug 2019 Exiting the venue was pretty quick. By continuing to use this Site after that date, you agree to the changes. Should you exhaust the Ticket Credit prior to the end of the Term, you will be able to purchase a new Ticket Credit. Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as Live Nation - Bank of NH Pavilion may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. Seat views displayed on the Site may not be an exact representation. Before we can pay you, we will need to collect your taxpayer information in accordance with applicable laws. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. Certain maximum resale premiums and restrictions may apply in some states, and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. Working at Bank of New Hampshire Pavilion: 2 Reviews Review this company. You grant permission to us and the Concert provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Concert (regardless of whether before, during or after performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. Balls, pucks, and other objects may fly into the spectator area during an event. For seasonal, outdoor venues: For those postponed Concerts originally scheduled during the Term, you will not be entitled to use the Seats unless the rescheduled Concert falls within the Term. All ticket and VIP amenity purchases will be deducted from the Ticket Bank, including any applicable service fees and taxes. We and Live Nation - Bank of NH Pavilion are only providing certain services that will facilitate your sale. We have no control over those websites. What are the will call rules? If you choose to access the Site from outside the United States, you do so at your own risk. Once the recipient accepts your offer, you will not be able to cancel the tickets. Leader Bank Pavilion tickets and upcoming 2023 event schedule. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. Ticket Bank means a deposit of funds in an amount designated on the Invoice to use toward the purchase of Concert tickets and certain VIP amenities. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by us or Live Nation - Bank of NH Pavilion. The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket. In such a case, if you did not receive a payment from Live Nation - Bank of NH Pavilion but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that Live Nation - Bank of NH Pavilion would have refunded to you had you still been the holder of such ticket when the event was cancelled. The Threshold Credit amount shall apply to the next Concert Season. Any changes we make will be effective immediately when we post a revised version of these Terms on LNs digital account management portal,Account Manager (Account Manager), at which time you will be prompted to accept these revised Terms at the time of your next login. If one or more Concerts selected for your Series during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term. COVID-19 Summary Report (data updated as of February 23, 2023, 9:00 AM) NH Total Case Count 376,862 New Cases for the Previous Week 860; Deaths Attributed to COVID-19 2,987; Total Current COVID-19 Cases 1,120; Current Hospitalizations Treated for COVID-19 20 This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. Once within 10 days of the event, tickets may be placed in "will-call," which means you can pick them up anytime between the . . Invoice means the document that details the purchase of your Premium Seat Sales package. If you have not committed to a new package within six months following the expiration date of your current package, we will issue you a refund. Opening in 1996, the venue seats nearly 9,000 guests. If our actions result in you missing your event, we will not be liable for more than your total purchase price. Bank of NH Pavilion Camping + Parking Pass: Matchbox Twenty Tickets Jul 21, 2023 Gilford, NH | Live Nation Bank of NH Pavilion Camping + Parking Pass: Matchbox Twenty Fri Jul 21 7:30 PM Bank of New Hampshire Pavilion, Gilford, NH Important Event Info: The Event Organizer is requiring all attendees of this event to have received a . Additional terms may apply. If you use the Site, you affirm you are at least 13 years old. Effective May 8, 2021, the State of New Hampshire will replace the existing "Safer at Home 2.0" restrictions with a series of "Universal Best Practices" for all individuals, businesses, and organizations to consider and implement for the operation of their business. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. Know Before You Go More Information. . However, if your dispute is regarding the re-sale of a ticket for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. You bear all risks of inclement weather. Live Nation - Bank of NH Pavilion will be responsible for all payments and credits to you, you will solely hold Live Nation - Bank of NH Pavilion responsible for such payment or credit and neither we nor any other person or organization will be liable therefor. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210. All the events happening at Bank of New Hampshire Pavilion 2022-2023 Discover all 7 upcoming concerts scheduled in 2022-2023 at Bank of New Hampshire Pavilion. You will have the exclusive right to receive one (1) ticket per Seat and any applicable VIP amenities, as stated on your Invoice, at the defined number of Concerts in the Concert Threshold. If you are in the group ticket distribution, the Group Manager will send you an email to retrieve print-at-home tickets. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You consent to such searches and waive any related claims that may arise. all then-outstanding Fees for tickets and VIP amenities that you already ordered and/or used, plus a percentage of the total Fees due under the Agreement for the upcoming or current Concert Season (as applicable), as set forth below: For a multi-Concert Season Agreement, the Termination Fee will be based on the Fees due for the upcoming or current Concert Season (as applicable) only and not the total Fees due under the Agreement for the entire Term. The following are the terms of use (Terms) that govern your use of the Account Manager website (the Site), which features advanced ticketing transaction technologies and services (collectively referred to as Advanced Services). The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. You will be responsible for printing out and using your tickets. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status. any other termination provisions in this Agreement, if we terminate this Agreement due to your breach of Sections II.B-F, you. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event. Hurgin noted landlords are eligible for assistance through COVID-19 housing relief programs like the $35 million New Hampshire is administering through its five community action programs. YOU ACKNOWLEDGE ON YOUR BEHALF, AND ON BEHALF OF ALL OF YOUR PARTIES THAT YOU AND YOUR PARTIES VOLUNTARILY ASSUME ANY AND ALL RISKS RELATED TO EXPOSURE TO COVID-19 (AS WELL AS ANY OTHER COMMUNICABLE DISEASE) AT THE VENUE AND YOU ON BEHALF OF YOURSELF AND YOUR PARTIES RELEASE THE LN PARTIES FROM LIABILITY IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF A SEAT OR TICKETS, OR (B) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. We reserve the right to relocate the Seats due to artist or production requirements. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: Legal. With recent COVID-19 closures and reopenings, many people are wondering, "Is it safe to travel to Bank of New Hampshire Pavilion at Meadowbrook right now?" When it's time to book your vacation, check out the most up-to-date information on all safety measures, any restrictions, and guidance on traveling during the coronavirus pandemic. The outdoor summer. We suggest you follow the CDC guidelines as it relates to you. Location. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. . If applicable, we will provide you with a designated number of complimentary parking passes for each Concert (other than music festivals). If you or we fail to enforce any of the provisions of the Agreement or any rights, or fail to exercise any election provided in the Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of the Agreement.
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