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16. Entire Agreement. This instrument, including any attachments hereto, constitutes <br /> the entire agreement of the parties relating to the subject matter of this License Agreement <br /> and correctly sets forth the rights, duties and obligations of each party to the other. <br /> 17. Partial Invalidity. If any provision or portion of this License Agreement shall be <br /> deemed invalid, it is agreed that such invalidity shall affect only such provision or portion <br /> thereof, and the remainder of this contract shall remain in force and effect. <br /> 18. Review of License. Each party to this License Agreement declares that prior to the <br /> execution of this License, each party had the opportunity to seek the independent advice of <br /> counsel and that they apprised themselves of sufficient relevant information in order that <br /> they might intelligently exercise their own judgment in deciding whether to execute this <br /> License Agreement. Each party agrees that they have completely read and understands <br /> the License Agreement, know the contents thereof, and have signed the License of their <br /> own free will and free of any duress. No single party has drafted this License Agreement <br /> and it shall not be interpreted against any party as the drafting party <br /> 19. Performance Excused. A party shall be excused from performance, as hereunder <br /> agreed to, if such performance is rendered impossible, impractical, or unreasonably difficult <br /> by, but not limited to, any strike, lockout, labor disturbance of any kind, civil commotion, <br /> war, acts of terrorism, shortage of any supply or labor, shortage of water, weather, act of <br /> government authority, enactment or change in laws or regulations, breakdown of facilities <br /> or any other cause outside of the party's control. <br /> 20. Waiver. A term or condition of this License Agreement may be waived at any <br /> time by the party entitled to the benefit thereof, but no such waiver shall affect the right <br /> of the waiving party to require observance, performance or satisfaction either of that <br /> term or condition as it applies on a subsequent occasion or of any other term or <br /> condition. The Authority shall not be excused from complying with any of the terms and <br /> conditions of this License Agreement by any failure of the Livermore upon any one or <br /> more occasions to insist upon or to seek compliance with any such terms and <br /> conditions. <br /> 21. Attachments. All attachments referred to in and attached to this License <br /> Agreement are incorporated by reference as though set forth in full. <br /> EBRCSA License Page 9 <br /> Doolan Tower <br />