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13.2 Time of Essence. <br /> All times and dates in this Agreement shall be of the <br /> essence. <br /> 13.3 Entire Agreement. <br /> The Agreement (including its Exhibits) comprises the <br /> entire understanding and agreement among the Partners and <br /> supersedes all prior and contemporaneous discussions, <br /> negotiations, agreements and communications among any of the <br /> Partners, whether oral or written, with respect to the subject <br /> matter of this Agreement. <br /> 13.4 Amendment. <br /> This Agreement may be amended or rescinded only upon the <br /> affirmative vote or written consent of the Partners as provided <br /> in Section 8. <br /> 13.5 Governing Law; Choice of Forum. <br /> This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of California as applied to <br /> contracts among residents of California wholly to be performed <br /> within the State. The parties agree that any dispute arising in <br /> connection with this Agreement shall be resolved in the state or <br /> federal courts located in San Francisco, California. <br /> 13.6 Attorneys' Fees. <br /> If any Partner seeks to enforce his rights under this <br /> Agreement by legal proceedings or otherwise, the non prevailing <br /> party shall pay the prevailing party's costs and expenses, <br /> including without limitation reasonable attorneys' fees. <br /> -60- <br />