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GIS » Topics » 15.16 Waiver.

This excerpt taken from the GIS 10-Q filed Jan 6, 2005.

        15.16     Waiver.

        Any term or provision of this Agreement may be waived, or the time for its performance may be extended, by the party or parties entitled to the benefit thereof. Any such waiver shall be validly and sufficiently authorized for the purposes of this Agreement if, as to any party, it is authorized in writing by an authorized representative of such party. The failure of any party hereto to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of any party thereafter to enforce each and every such provision. No waiver



122


of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.






[Signature Page Follows]

















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        IN WITNESS WHEREOF, the parties have executed and entered into this Agreement of the Company as of the day first above set forth.

  MANAGING MEMBER:

GM CEREALS OPERATIONS, INC., as
Managing Member
 
  By: /s/   David B. VanBenschoten
   
    David B. VanBenschoten
    Vice President
 
  CLASS A LIMITED MEMBERS:

RBDB, INC., as a Class A Limited Member
 
  By: /s/   Nancy J. McIver
   
  Name:   Nancy J. McIver
   
    Title:     Vice President
   
 
  By:  /s/   J. W. den Baas
   
  Name:   J. W. den Baas
   
    Title:     Vice President
   
 
  THE PILLSBURY COMPANY, as Class A
Limited Member
 
  By: /s/   David B. VanBenschoten
   
    David B. VanBenschoten
    Vice President









  CLASS B LIMITED MEMBERS:

GM Class B, Inc., as a Class B Limited Member
 
  By: /s/   David B. VanBenschoten
   
  Name:   David B. VanBenschoten
   
    Title:    Vice President, Treasurer
   
 
  GM CEREALS HOLDINGS, INC., as a Class B
Limited Member
 
  By: /s/   David B. VanBenschoten
   
  Name:   David B. VanBenschoten
   
    Title:    Vice President
   














"15.16 Waiver." elsewhere:

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