5.02 AND ALL OTHER RIGHTS
OF INDEMNITY, CONTRIBUTION OR SUBROGATION UNDER APPLICABLE LAW OR OTHERWISE
SHALL BE FULLY SUBORDINATED TO THE INDEFEASIBLE
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PAYMENT IN FULL IN CASH OF THE CANADIAN OBLIGATIONS. NO FAILURE ON THE PART OF
THE CANADIAN BORROWER OR ANY SUBSIDIARY PARTY TO MAKE THE PAYMENTS REQUIRED BY
SECTION 5.01 AND SECTION 5.02 (OR ANY OTHER PAYMENTS REQUIRED UNDER APPLICABLE
LAW OR OTHERWISE) SHALL IN ANY RESPECT LIMIT THE OBLIGATIONS AND LIABILITIES OF
THE CANADIAN BORROWER OR ANY SUBSIDIARY PARTY WITH RESPECT TO ITS OBLIGATIONS
HEREUNDER, AND EACH SUCH PERSON SHALL REMAIN LIABLE FOR THE FULL AMOUNT OF ITS
OBLIGATIONS HEREUNDER.
ARTICLE VI
MISCELLANEOUS
SECTION 6.01.
NOTICES.
ALL COMMUNICATIONS AND NOTICES HEREUNDER SHALL (EXCEPT
AS OTHERWISE EXPRESSLY PERMITTED HEREIN) BE IN WRITING AND GIVEN AS PROVIDED IN
SECTION 9.01 OF THE CREDIT AGREEMENT. ALL COMMUNICATIONS AND NOTICES HEREUNDER
TO ANY SUBSIDIARY PARTY SHALL BE GIVEN TO IT IN CARE OF SYMMETRY AS PROVIDED IN
SECTION 9.01 OF THE CREDIT AGREEMENT.
SECTION 6.02.
WAIVERS; AMENDMENT.
(A)
NO FAILURE OR DELAY BY THE CANADIAN AGENT, THE ADMINISTRATIVE AGENT, ANY
ISSUING BANK OR ANY LENDER IN EXERCISING ANY RIGHT OR POWER HEREUNDER OR UNDER
ANY OTHER LOAN DOCUMENT SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE
OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR POWER, OR ANY ABANDONMENT OR
DISCONTINUANCE OF STEPS TO ENFORCE SUCH A RIGHT OR POWER, PRECLUDE ANY OTHER OR
FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT OR POWER. THE RIGHTS
AND REMEDIES OF THE CANADIAN AGENT, THE ADMINISTRATIVE AGENT, THE ISSUING BANKS
AND THE LENDERS HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS ARE CUMULATIVE AND
ARE NOT EXCLUSIVE OF ANY RIGHTS OR REMEDIES THAT THEY WOULD OTHERWISE HAVE. NO
WAIVER OF ANY PROVISION OF THIS AGREEMENT OR CONSENT TO ANY DEPARTURE BY ANY
LOAN PARTY THEREFROM SHALL IN ANY EVENT BE EFFECTIVE UNLESS THE SAME SHALL BE
PERMITTED BY PARAGRAPH (B) OF THIS SECTION, AND THEN SUCH WAIVER OR CONSENT
SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE PURPOSE FOR WHICH
GIVEN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MAKING OF A LOAN,
ACCEPTANCE OF A BA OR ISSUANCE OF A LETTER OF CREDIT SHALL NOT BE CONSTRUED AS A
WAIVER OF ANY DEFAULT, REGARDLESS OF WHETHER THE CANADIAN AGENT, THE
ADMINISTRATIVE AGENT, ANY LENDER OR ANY ISSUING BANK MAY HAVE HAD NOTICE OR
KNOWLEDGE OF SUCH DEFAULT AT THE TIME. NO NOTICE OR DEMAND ON ANY LOAN PARTY IN
ANY CASE SHALL ENTITLE ANY LOAN PARTY TO ANY OTHER OR FURTHER NOTICE OR DEMAND
IN SIMILAR OR OTHER CIRCUMSTANCES.
(B)
NEITHER THIS AGREEMENT NOR ANY PROVISION HEREOF MAY BE WAIVED, AMENDED OR
MODIFIED EXCEPT PURSUANT TO AN AGREEMENT OR AGREEMENTS IN WRITING ENTERED INTO
BY THE CANADIAN AGENT AND THE LOAN PARTY OR LOAN PARTIES WITH RESPECT TO WHICH
SUCH WAIVER, AMENDMENT OR MODIFICATION IS TO APPLY, SUBJECT TO ANY CONSENT
REQUIRED IN ACCORDANCE WITH SECTION 9.02 OF THE CREDIT AGREEMENT.
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SECTION 6.03.