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7.13 Miscellaneous Provisions. <br />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 right, <br />benefit or power hereunder shall constitute, or be <br />deemed to constitute, a waiver of any other right, <br />benefit or power hereunder. Unless otherwise <br />specifically set forth herein, neither party shall <br />be required to give notice to the other party, or <br />to any other third party, to enforce strict <br />adherence to all terms of this 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 and <br />no provisions shall be interpreted against a party <br />on the ground that said party was solely or <br />primarily responsible for drafting the language to <br />be interpreted. <br />7.13.4 Number and Gender; Dates. Whenever applicable <br />within this Agreement, the singular shall include <br />the plural and the plural shall include the <br />singular and a pronoun of one gender shall refer <br />to any appropriate gender. All references to days <br />Primary Agreement Page 27 <br />