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with such subject matter. No covenant or condition not expressed in this Agreement shall afrect or be <br />affective to interpret, change or restrict this Agreement. No modification, waiver, termination, rescission, <br />• discharge or cancellation of this Agreement, and no waiver of any provision of or default under this <br />Agreement, shall be binding on any party unless in writing signed by its duly authorized representative. <br />d. Neither this Agreement, nor any of the rights, interests or obligations hereunder, <br />shall be assigned by either party without the prior written consent of the other, which consent may be <br />withheld in such party's sole discretion. <br />e. Any notice or other communication under or in connection with this Agreement <br />shall be in writing and shall be addressed to the parties at their respective addresses set forth in the <br />opening paragraph of this Agreement. Such notice shall be effective when delivered to such address or to <br />such other address as shall have been designated by written notce to the other. <br />f. The failure of either party to seek redress for violation of or to insist upon strict <br />performance of any covenant or condfions of this Agreement shall not be considered a waiver, nor shall it <br />deprive that party of the right thereafter to insist upon strict adherence to that or any other term of this <br />Agreement. <br />• g. Nothing herein, expressed or implied, is intended or shall be construed to confer <br />upon or give to any person other than the parties any rights or remedies under or by reason of this <br />Agreement. <br />h. If any provision of this Agreement, or the application thereof, to any person or <br />circumstances shall, to any extent, be held in any proceeding to be invalid or unenforceable, the <br />remainder of this Agreement, or the application of such provision to persons or circumstances other than <br />those to which it is held to be invalid or unenforceable, shall not be affected thereby, and shall be valid and <br />enforceable to the fullest extent permitted by law, but only'rf and to the extent such enforcement would not <br />materially and adversely frustrate the parties' essential objectives as expressed herein. <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first <br />above written. <br />• -3- <br /> <br />