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(b) Fees. The successful Party in any suit, action or proceeding brought to <br />enforce this Agreement shall be entitled to recover the costs., expenses and fees incurred in any <br />such suit, action or proceeding, including attorneys' fees and expenses. <br />(c) Entire Agreement. This Agreement (including the Exhibit attached <br />hereto) constitutes the entire under8tanding between the Parties with respect to the subject matter <br />hereof and supersedes all negotiations, prior discussions or prior agreements. No representation, <br />warranty, covenant, agreement, promise, inducement or statement, whether oral or written, has <br />been made by a Party that is not set fWb in this Agreement, and no Party shall be bound by or <br />liable for any alleged representation, warranty, covenant, agreement, promise, inducement or <br />statement not so set forth. <br />(d) Amendment and Waiver. This Agreement may not be altered or amended, <br />nor any rights hereunder be waived, except by an instrument in writing and executed by the Party <br />or Parties to be charged with such amendment or waiver. No waiver of any term, provision or <br />condition of this Agreement shall be deemed to be, or construed as, a further or continuing <br />waiver of any such term, provision or condition, or as a waiver of any other term. provision or <br />condition hereof. <br />(e) Severability. If any provision of this Agreement is invalid or <br />unenforceable in any jurisdiction, such provision shall be fully severable from this Agreement <br />and the other provisions hereof shall remain in full force and effect in such jurisdiction and the <br />remaining provisions hereof shall be liberally construed to carry out the provisions and intent <br />hereof provided, if any one or more of the provisions contained in this Agreement shall be <br />determined or held to be invalid or unenforceable I c because such provision is overly broad as to <br />duration, geographic scope, activity, subject or otherwise, such provision shall be deemed <br />amended by limiting and reducing it to the minimum extent necessary to make such provision <br />valid and enforceable. The invalidity or unenforceability of any provision of this Agreement in <br />any jurisdiction shall not affect the v:AMity or enforceability of such provision in any other <br />jurisdiction, nor shall the invalidity or unenforceability of any Provision of this Agreement with <br />respect to any person or entity affect the validity or enforceability of such provision with respect <br />to any other person or entity. <br />(0 Relationship of Parties. It is not the intention of the Parties to create, nor <br />shall this Agreement be construed as creating, a partnership, joint venture, agency relationship, <br />trust or other association that would render any Party liable for the action of any other Party. No <br />Party shall have any right, power or authority to act or to create any duty or obligation, express <br />or implied, on behalf of any other Party, or to hold itself out as a representative or agent of any <br />other Party. <br />(g) Binding Effect. This Agreement shall be binding upon the Parties and <br />their respective successors and assigns. Except for the Parties, and their successors and assigns, <br />nothing in this Agreement, express orimplied, is intended to confer upon any other entity or <br />person any benefits, rights or remedies.: <br />0 1.188959 0 den <br />