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<br />Failure by Licensee to observe and pcrfonn any covenant, condition, or agreement <br />on its part to be kept. observed or pcrfonncd, other than as refcned to in Section <br />12.01 (a), for a period of thirty (30) days after written notice specifying such <br />failure and requesting that it be remedied as given to Licensee by Licensor, unless <br />Licensor shall agree in writing to an extension of such time prior to its expiration; <br />provided, however, if the failure stated in the notice cannot be corrected within the <br />applicable period, Licensor will not unreasonably withhold its consent to an <br />extension of such time if corrective action is instituted by Licensee, within the <br />applicable period and diligently pursued until the default is corrected. <br /> <br />If by reason of force majeure Licensee is unable in whole or in part to carry out its <br />agreement on its part herein contained, other than the obligations on the part of Licensee <br />contained in Article VI hereof, Licensee shall not be deemed in default during the <br />continuance of such inability. The tenn "force majeure" as used herein shall mean the <br />following: acts of God, strikes, lockouts, or other industrial disturbances; acts of public <br />enemies, orders or restraints of any kind of the government of the United States of America <br />or the Commonwealth of Virginia or any of their departments, agencies, or officials, or any <br />civil or military authority; insurrections; riots; landslides; earthquakes; fires; stonns; <br />droughts; floods; or explosions. <br /> <br />(b) <br /> <br />Section 12.02. Remedies on Default. Whenever any event of default referred to in <br />Section 12.01 hereof shall have happened and be continuing, Licensor shall have the right <br />at its sole option without any further demand or notice, to take whatever action at law or in <br />equity may appear necessary or desirable to enforce its rights as Licensor, including, but <br />not limited to, the tennination of this Agreement <br /> <br />Section 12.03. . No Remedy, Exclusive. No' remedy herein conferred upon or <br />reserved to Licensor is intended to be exclusive and every such remedy shall be cumulative <br />and shall be in addition to every other remedy given under this Agreement or IWW or <br />hereafter existing at law or in equity. No delay or omission to exercise any right or power <br />accruing upon any default shall impair any such right or power or shall be construed to be a <br />waiver thereof, but any such right and power may be exercised from time to time and as <br />often as may be deemed expedient <br /> <br />.' <br /> <br />ARTICLE XIII: MISCELLANEOUS <br /> <br />Section 13.01. Notices. All notices, certificates, or other communication hereunder <br />shall be sufficiently given and shall be deemed given when delivered or mailed by certified <br />mail, postage prepaid, to the parties at their respective places of business as shown on page <br />I of this Agreement. <br /> <br />Section 13.02, Binding Effect. Subject to the provisions of Section 11.02, this <br />Agreement shall inure to the benefit of and shall be binding upon Licensor and Licensee <br />and their respective successors and assigns. <br /> <br />Section 13.03. Severability. In the event any provision of this Agreement shall be <br />held invalid or unenforceable by any court of competent jurisdiction, such holding shall not <br />invalidate or render unenforceable any other provision hereof. <br /> <br />Section 13.04. Amendments. The tenns of this Agreement shall not be waived, <br />altered, modified, supplemented, or amended in any manner whatsoever except by Written <br /> <br />8 <br />