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DO NOT RECORD <br />28. Entire Agreement. This License and Operating Agreement contains the <br />entire understanding of the parties and supersedes any and all other written or oral <br />understanding. No alteration of or amendment to this License shall be effective unless <br />given in writing and signed by the pazty or pazties sought to be chazged or bound by the <br />alteration or amendment. <br />29. Captions. Any captions or headings to the Sections and subsections in <br />this License are solely for the convenience of the parties hereto, are not a part of this <br />License, and shall not be used for the interpretation or determination of validity of this <br />License or any provision hereof. <br />30. Severability. If any one or more of the provisions contained in this <br />License shall for any reason be held to be invalid, illegal or unenforceable in any respect, <br />such invalidity, illegality or unenforceability shall not affect any other provision hereof, <br />and this License shall be construed as if such invalid, illegal, or unenforceable term or <br />provision had never been contained herein. <br />31. Further Assurances. Each party shall cooperate with the other and shall <br />execute such other documents as may be reasonably necessary to carry out the provisions <br />of this License and Operating Agreement. <br />32. No Waiver. Any waiver, consent or approval by either party of any <br />breach, default or event of default of any provision, condition or covenant of this <br />agreement must be in writing and shall be effective only to the extent set forth in writing. <br />No waiver of any breach, default or event of default shall be deemed a waiver of any later <br />breach, default or event of default of the same or any other provision of this License. <br />Any failure or delay on the part of either party in exercising any power, right or privilege <br />under this License shall not operate as a waiver thereof, nor shall any single or partial <br />exercise of any such power, right or privilege preclude any further exercise thereof. <br />33. Rights and Remedies. No right or remedy conferred by any of the <br />specific provisions of this agreement is intended to be exclusive of any other right or <br />remedy given hereunder or hereafter existing at law or in equity. The exercise of any one <br />or more rights or the election of any one or more remedies by any party shall not <br />constitute a waiver of the right to exercise other available rights or pursue other available <br />remedies. In the event suit is brought by either party to enforce the terms and provisions <br />of this Agreement or to secure the performance hereof, each party shall beaz its own <br />attorney's fees. <br />34. Non-Recording of this License and Operating Agreement. Neither party <br />shall record this Agreement. <br />12 <br />