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4. Miscellaneous. <br />(a) Construction. The captions used herein are for convenience only and are <br />not a part of this Assignment and do not in any way limit or amplify the terms and provisions <br />hereof. <br />(b) Governing Law. This Assignment has been negotiated and executed in the <br />State of California and shall be governed by and construed under the laws of the State of <br />California. <br />(c) Invalidity of Provision. If any provision of this Assignment as applied to <br />either Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be <br />void or unenforceable for any reason, the same shall in no way affect (to the maximum extent <br />permissible by law) any other provision of this Assignment, the application of any such provision <br />under circumstances different from those adjudicated by the court, or the validity or <br />enforceability of the Agreement as a whole. <br />(d) Amendments. No addition to or modification of any provision contained <br />in this Assignment shall be effective unless fully set forth in writing executed by both Assignor <br />and Assignee. <br />(e) Counterparts. This Assignment may be executed in counterparts, each of <br />which shall be deemed an original, but together shall constitute but one and the same instrument. <br />(f) Remedies. Except as otherwise specified in this Assignment, (i) all rights, <br />remedies, undertakings, obligations, options, covenants, conditions and agreements contained in <br />this Assignment shall be cumulative and no one of them shall be exclusive of any other, and (ii) <br />either Party may pursue any one or more of its rights, options or remedies hereunder or may seek <br />damages or specific performance in the event of the other Parry's breach hereunder, or may <br />pursue any other remedy at law or equity, whether or not stated in this Assignment. <br />(g) Entire Agreement. This Assignment, together with the Agreement <br />referenced herein, constitutes the entire agreement between the Parties hereto pertaining to the <br />subject matter hereof, and the final, complete and exclusive expression of the terms and <br />conditions thereof. All other prior agreements, representations, negotiations and understandings <br />of the Parties hereto, oral or written, express or implied, regarding the subject matter of this <br />Assignment are hereby superseded and merged herein. <br />// <br />2 <br />