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A non-waiver and severability clause in an agreement is crucial for providing flexibility. This clause serves two main functions: the non-waiver portion allows for the waiving of specific terms without affecting the overall contract. For example, if a party cannot meet a payment term due to extenuating circumstances like COVID-19, the non-waiver provision ensures that waiving that single payment does not imply a waiver of all future payments. Without a properly drafted non-waiver provision, one could unintentionally waive rights throughout the agreement, leading to unintended consequences. This clause is essential in protecting the intended scope of the agreement.