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Agreement No. D99-12E <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. <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 />appropriations authorized by law. <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 entity in which a PARTY has a legal interest (such as, but not limited <br />to, a limited liability membership interest or a partnership interest), and any <br />permitted successors or assigns of a PARTY, any legal or equitable right, remedy or <br />claim 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 and the entities in which they have a legal <br />interest and their successors or assigns and for the benefit of no other person, <br />agency or entity. <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 />Section 12. ATTORNEYS FEES. In any action or proceeding brought to enforce or <br />interpret any provision of this AGREEMENT, or where any provision hereof is asserted <br />as a defense, each PARTY shall bear its own attorneys' fees and costs. <br />Section 13. ENTIRE AGREEMENT. This AGREEMENT is intended by the PARTIES as a <br />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 />6 <br />Final Version 7/8/2011 <br />25C-7