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1 <br /> <br /> 2 <br /> <br /> 3 <br /> <br /> 4 <br /> <br /> 5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />Agreement No. D99-12E <br /> <br /> accordance with this agreement by the PARTY prior to the effective date of <br /> termination. The balance of the PARTIES may continue in the performance of the terms <br /> and conditions of this AGREEMENT on the basis of a revised allocation of cost based on <br /> the funding formula in Exhibit A, provided however, that the pro rata shares for TIC <br /> and IRWD shall never exceed twelve and one-half percent (12.5%). <br /> <br /> Section 9. AVAILABILITY OF FUNDS. The obligation of each PARTY is subject to <br />the availability of funds appropriated for this purpose, and nothing herein shall be <br />construed as obligating the PARTIES to expend or as involving the PARTIES in any <br />contract or other obligation for the future payment of money in excess of <br />~approprlat~ons authorized by law. <br /> <br /> Section 10. NO THIRD PARTY BENEFICIARIES. Nothing expressed or mentioned in this <br /> AGREEMENT is intended or shall be construed to give any person, other than the PARTIES <br /> hereto, and any permitted successors, any legal or equitable right, remedy or claim <br /> under or in respect of this AGREEMENT or any provisions herein contained. This <br /> AGREEMENT and any conditions and provisions hereof is intended to be and is for the <br /> sole and exclusive benefit of the PARTIES hereto and for the benefit of no other <br /> person, agency or entity. <br /> <br /> Section 11. REFERENCE TO CALENDAR DAYS. Any reference to the word "day" or <br /> "days" herein shall mean calendar day or calendar days, respectively, unless otherwise <br /> expressly provided. <br /> <br /> Section 12. ATTORNEYS FEES. In any action or proceeding brought to enforce <br /> or interpret any provision of this AGREEMENT, or where any provision hereof is <br /> asserted as a defense, each PARTY shall bear its own attorneys' fees and costs. <br /> <br /> Section 13. ENTIRE AGREEMENT. This AGREEMENT is intended by the PARTIES as <br /> a final expression of their agreement and intended to be a complete and exclusive <br /> statement of the agreement and understanding of the PARTIES hereto in respect of the <br /> subject matter contained herein. There are no restrictions, promises, warranties or <br /> undertakings, other than those set forth or referred to herein. This AGREEMENT <br /> <br /> <br />