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provisions of this Agreement. The Parties agree to perform such further acts timely when <br />performing all obligations under this Agreement. <br />9. Counterparts <br />This Agreement may be executed in two or more counterparts, each of which, when <br />executed and delivered, shall be an original and all of which together shall constitute one <br />instrument, with the same force and effect as though all signatures appeared on a single <br />document. <br />10. Dispute Resolution <br />In the event of a dispute between the Parties regarding this Agreement, the Parties may <br />attempt to resolve the dispute by using the services of a mutually acceptable mediator before a <br />third -party neutral prior to initiating litigation in court. If the Parties decide to use a mediator, <br />they will equally share the mediator's fees and expenses. <br />11. Successors and Assigns <br />This Agreement shall bind and inure to the benefit of the successors and assigns of the <br />Parties; provided, however, no Party shall assign any of its rights or obligations under this <br />Agreement without the prior written consent of the other Parties. Nothing in this Agreement is <br />intended to confer any right or remedy under this Agreement on any person other than the Parties <br />to this Agreement and their respective successors and permitted assigns, or to relieve or <br />discharge any obligation or liability of any person to any Party to this Agreement, or to give any <br />person any right of subrogation or action over or against any Party to this Agreement. <br />12. Waiver/Cure of Defaults <br />The failure of any Party to enforce against another Party a provision of this Agreement <br />shall not constitute a waiver of that Party's right to enforce such a provision at a later time. No <br />Party shall be deemed to be in default of any provision of this Agreement unless the other Party <br />AO-5296 10 <br />