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5 <br />6. <br />7 <br />Entire Agreement <br />This ASA contains the entire Agreement of the Parties hereto pertaining to the subject <br />matter discussed herein, and supersedes any prior written or oral agreements between <br />them concerning the subject matter contained herein. This ASA may be modified only <br />by a writing executed by the Parties hereto. <br />Partial Invalidity <br />the event that any term, covenant, condition or provision of this ASA shall be held by <br />court of competent jurisdiction to be invalid or against public policy, the remaining <br />ovisions shall continue in full force and effect. <br />Waiver <br />The provisions of this ASA may be waived, altered, amended or repealed, in whole or <br />in part, only upon the written consent of all Parties to this ASA. The waiver by one party <br />of the duty of performance by the other Party of any provision in this ASA shall not <br />invalidate this ASA, nor shall it be considered a waiver of any rights or remedies <br />available to the non-breaching Party of this ASA. <br />8. I Headings <br />9 <br />10 <br />11. <br />The headings, subheadings and numbering of the different sections of this ASA are inserted <br />for convenience only and shall not be considered for any purpose in construing this ASA. <br />Governin Law <br />The rights and obligations of the parties hereto shall be construed and enforced in <br />accordance with, and governed by, the laws of the State of California. <br />Successors In Interest <br />Subject to any restrictions against assignment contained herein, and to any legal <br />limitations on the power of the signatories to bind non-signatories to this ASA, this <br />ASA shall inure to the benefit of, and shall be binding upon, the assigns, <br />successors-in-interest, personal representatives, executors, estate, heirs, legatees, <br />Agents and related entities of each of the Parties hereto. <br />Necessary Acts <br />Each Party to this ASA agrees to perform any further acts and execute and deliver any <br />further documents that may be reasonably necessary to carry out the provisions of this <br />ASA. <br />Acquisition Settlement Agreement <br />Page 3 of 8