This excerpt taken from the ATVI 10-Q filed Feb 8, 2006.
No Delay or Waiver. No delay or failure of either party at any time to exercise or enforce any right orremedy available to it under this Agreement, and no course of dealing or performance with respect thereto, will constitute awaiver of any such right or remedy with respect to any other breach or failure by the other party. The express waiver by a
[*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
party of any right or remedy in a particular instance will not constitute a waiver of any such right or remedy in any other instance. All rights and remedies will be cumulative and not exclusive of any other rights or remedies.