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7.13.1 Modifications. This Agreement may be modified <br />only by mutual written agreement by both parties. <br />7.13.2 Waiver. In order to be effective, any waiver of <br />any right, benefit or power hereunder must be in <br />writing and signed by an authorized representative <br />of the party against whom enforcement of such <br />waiver would be sought, it being intended that the <br />conduct or failure to act of either party shall <br />imply no waiver. Neither party shall by mere <br />lapse of time without giving notice or taking <br />other action hereunder be deemed to have waived <br />any breach by the other party of any of the <br />provisions of this Agreement. No waiver of any <br />right, benefit or power hereunder on a specific <br />occasion shall be applicable to any facts or <br />circumstances other than the facts and <br />circumstances specifically addressed by such <br />waiver or to any future events, even if such <br />future events involve facts and circumstances <br />substantially similar to those specifically <br />addressed by such waiver. No waiver of any <br />right, benefit or power hereunder shall <br />constitute, or be deemed to constitute, a waiver <br />of any other right, benefit or power hereunder. <br />Unless otherwise specifically set forth herein, <br />neither party shall be required to give notice to <br />the other party, or to any other third party, to <br />enforce strict adherence to all terms of this <br />Agreement. <br />7.13.3 Headings and Interpretation. The headings of <br />parts, sections and subsections used in this <br />Agreement are included solely for convenience of <br />reference and shall not control the meaning or <br />interpretation of any of the provisions of the <br />Agreement. Notwithstanding the fact that one or <br />more provisions of this Agreement may have been <br />drafted by one of the parties to this Agreement, <br />such provisions shall be interpreted as though <br />they were a product of a joint drafting effort <br />and no provisions shall be interpreted against a <br />party on the ground that said party was solely or <br />primarily responsible for drafting the language <br />to be interpreted. <br />7.13.4 Number and Gander; Datea. Whenever applicable <br />within this Agreement, the singular shall include <br />Primary Agreement June 15, 2006 Page 27 <br />