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d) In the event of material breach of any of the covenants, terms or conditions hereof by Concessionaire, the Commission shall provide Concessionaire written notice to remedy such material breach. If Concessionaire fails to remedy such material breach within 60 days of written notice, the Commission may terminate the Concessionaire Contract effective immediately and all of Concessionaire rights hereunder, and recover from Concessionaire all damages the Commission may incur by reason of the breach and termination of the Concessionaire Contract. c) This Contract shall terminate upon the Commission given written notice to the Concessionaire in the event the annual Contract payment is not paid when due. Such termination is at the sole option of the Commission. f) This Contract shall terminate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relating to the taking of wild animal life or freshwater aquatic life, on the Range premises. NO WAIVER OF BREACH The failure of the Commission to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this Concessionaire Contract shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver by the Commission of any of the provisions of this Concessionaire Contract shall in any event be deemed to have been made unless the waiver is set forth in writing by the Commission. MODIFICATION OR AMENDMENT OF AGREEMENT No waiver, modification, or amendment of this Concessionaire Contract, or of any covenant, condition, or limitation contained herein shall be valid unless in writing and lawfully executed by both parties. It is the intention of the Commission and the Concessionaire that no evidence of any waiver, or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Concessionaire Contract unless such waiver, or modification, or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. ASSIGNMENT The Concessionaire shall not assign any or all of the rights, liabilities, duties or obligations of the Contract nor subcontract any part of the Contract without the written s56