definiens: meaning the insolvency, bankruptcy, dissolution or liquidation of the other Party, where such Party is subject to the filing or consents to the ruing of a petition under any bankruptcy or insolvency law or has any such petition filed against it which has not been dismissed within ninety ( 90 ) days of such filing, appointment of a trustee, administrator, or receiver for all or substantiallY all of the assets of such Party, or aBsignment of the assets of such Party for the benefit of creditors, or attachment or expropriation of the business or assets of such Party, or 8.2.1.3 . meaning that the Product may not be sold as a result of a recall or market withdrawal and such inability to sell the Product oontinues for a period of twelve ( 12 ) months ; 8.2.2 . The right of a Party to terminate this Agreement as provided in this Section 8.2 shall not be affected in any way by its waiver or failure to take action with respect to any previous default