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All notices required under Section VIII shall be deemed duly given if <br /> delivered by hand (with written confirmation of receipt) ; via electronic <br /> mail (with confirmation of transmission) ; or three (3) days after deposit <br /> in the U.S. Mail, postage prepaid. <br /> XIII. GOVERNING LAW <br /> This AGREEMENT shall be governed and construed in accordance with laws of <br /> the State of California. If any provision or provisions of this AGREEMENT <br /> is held to be invalid, illegal or unenforceable, the validity, legality and <br /> enforceability of the remaining provisions shall not any way be affected <br /> or impaired hereby. <br /> XIV. CONSENT TO BREACH NOT WAIVER <br /> No term or provision hereof shall be deemed waived and no breach excused, <br /> unless such waiver or consent shall be in writing and signed by the duly <br /> authorized representative of the PERMITTEE to have waived or consented. <br /> Any consent by any PERMITTEE to, or waiver of, a breach by the other, <br /> whether express or implied, shall not constitute a consent to, waiver of, <br /> or excuse for any other different or subsequent breach. <br /> XV. APPLICABILITY OF PRIOR AGREEMENTS <br /> This AGREEMENT restates and amends the provisions in prior agreements and <br /> constitutes the entire AGREEMENT between the PERMITTEES with respect to <br /> the subject matter. All prior agreements, representations, statements, <br /> negotiations, and undertakings are superseded hereby. <br /> XVI. EXECUTION OF THE AGREEMENT <br /> This AGREEMENT may be executed in counterparts, and the signed counterparts <br /> shall constitute a single instrument. The parties agree that this <br /> AGREEMENT may be executed and delivered by electronic means, including via <br /> email or electronic signature platforms (e.g., DocuSign, Adobe Sign) , and <br /> that such electronic signatures shall be deemed to have the same legal <br /> 17 <br />