The Court of Appeal held that a boilerplate clause in a contract providing that in no event would any delay, neglect or forbearance on the part of any party in enforcing any provision of the agreement be or be deemed to be a waiver thereof, or in any way prejudice any right of that party under the agreement, was not sufficient to prevent a party by conduct electing to affirm the contract, thereby abandoning its contractual right to terminate for material breach.