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5298389.1 <br />17. Successors and Assigns. This Agreement shall be binding on and inure to the <br />benefit of the successors and assigns of the respective Parties to this Agreement. No Party may <br />assign its interests in or obligations under this Agreement without the written consent of the Party, <br />which consent shall not be unreasonably withheld or delayed. <br />18. Waivers. Waiver of any breach or default of this Agreement shall not constitute a <br />continuing waiver or a waiver of any subsequent breach either of the same or of another provision <br />of this Agreement and forbearance to enforce one or more of the rights or remedies provided in <br />this Agreement shall not be deemed to be a waiver of that right or remedy. <br />19. Necessary Actions. Each Party agrees to execute and deliver additional documents <br />and instruments and to take any additional actions as may be reasonably required to carry out the <br />purposes of this Agreement. <br />20. Compliance with Law. In performing their respective obligations under this <br />Agreement, the Parties shall comply with and conform to all applicable laws, rules, regulations <br />and ordinances. <br />21. Third Party Beneficiaries. This Agreement shall not create any right or interest in <br />any non-Party or in any member of the public as a third party beneficiary. <br />22. Counterparts. This Agreement may be executed in one or more counterparts, each <br />of which shall be deemed to be an original, but all of which together shall constitute but one and <br />the same instrument. <br />23. Headings. Section headings in this contract are for convenience only and are not <br />to be construed as a part of this contract or in any way limiting or amplifying the provisions hereof. <br />24. Attorney’s Fees. If either Party commences an action against the other to interpret <br />or enforce any of the terms of this Agreement or because of the breach by the other Party of any <br />of the terms hereof, the prevailing party shall be entitled to recover reasonable attorneys’ fees, <br />costs and expenses, court costs, and other costs incurred in connection with the prosecution or <br />defense of such action, whether or not the action is prosecuted to a final judgment. <br /> <br />[SIGNATURES TO FOLLOW] <br /> <br /> <br /> <br /> <br /> <br />Page 285 of 344