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Docusign Envelope ID:90BEDCE3-696B-4066-9FC6-3A8DE9663BF9 <br /> agreement, court decision, or law regarding Bruce Metal prohibits or <br /> materially limits or otherwise affects the right or power of Bruce Metal to <br /> enter into and perform all of the terms and covenants of this Agreement. <br /> 7.6.4 Valid Execution. The execution and delivery of this <br /> Agreement by the Bruce Metal has been duly and validly <br /> authorized by all necessary action on the part of Bruce Metal. <br /> 7.7 Waiver of Breach <br /> No waiver of any of the provisions of this Agreement shall be deemed or <br /> shall constitute a waiver of any of the other provisions hereof whether or not <br /> similar, nor shall such waiver constitute a continuing waiver. <br /> 8. Additional Provisions Regarding This Agreement <br /> 8.1 Attorneys' Pees and Costs <br /> Each Party hereto shall bear its own attorneys' fees and court costs <br /> arising from the actions of its own counsel in connection with the Action, and <br /> fees incurred in the negotiation, preparation, and execution of this <br /> Agreement. In the event of future dispute over the terms of this Agreement, <br /> the Parties agree to an even-split of costs in connection with the dispute's <br /> resolution through mediation, and to each bear their own attorneys' fees and <br /> costs associated therewith. <br /> 8.2 No Presumption Against Drafter <br /> This Agreement has been negotiated at arm's length and between <br /> persons sophisticated and knowledgeable in the matters dealt with in this <br /> Agreement. In addition, experienced and knowledgeable legal counsel has <br /> represented each Party. Accordingly, this Agreement shall be interpreted to <br /> SETTLEMENT AGREEMENT <br /> 13 <br /> 731582500 <br />