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<br /> <br /> <br /> <br /> <br /> <br /> In the event of litigation relating to or arising out of this Agreement, the prevailing party <br /> shall be entitled to be reimbursed by the non-prevailing party for all reasonable costs and <br /> expenses incurred thereby, including, but not limited to reasonable attorney's fees and <br /> costs for services rendered to such prevailing party. <br /> <br /> 5. Indemnity <br /> Each party shall indemnify, defend and hold the other party and the Released Parties <br /> harmless from and against any claims, damages, demands, liabilities, losses, judgments, <br /> expenses and attorney's fees and/or costs resulting from the breach by such indemnifying <br /> party of any provision of this Agreement, the falsity of any representation or warranty <br /> made by the indemnifying party contained in this Agreement. <br /> <br /> 6. Entire Agreement <br /> <br /> This Agreement together contains the entire Agreement of the Parties, and supersedes <br /> any prior written or oral agreements between them, concerning the subject matter of this <br /> Agreement. <br /> <br /> 7. Partial Invalidity <br /> <br /> In the event that any term, covenant, condition or provision of this Agreement shall be <br /> determined by a court of competent jurisdiction to be invalid or against public policy, the <br /> remaining provisions shall continue in full force and effect. <br /> <br /> 8. Waiver and/or Modification <br /> <br /> The provisions of this Agreement may not be waived, altered, amended or repealed, in <br /> whole or in part, except upon a written agreement signed by each of the Parties. The <br /> waiver by one party of the performance of any provisions of this Agreement shall not <br /> invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. <br /> <br /> 9. Headings <br /> <br /> The headings, subheadings and numbering of the different paragraphs of this Agreement <br /> are inserted for convenience and for reference only and shall not be considered for any <br /> purpose in construing this Agreement. <br /> <br /> <br /> 10. Governing Law <br /> <br /> The rights and obligations of the Parties under this Agreement shall be construed and <br /> enforced in accordance with, and governed by, the laws of the State of California. <br /> <br /> 11. Successors In Interest <br /> <br /> Subject to any restrictions against assignment contained herein, this Agreement shall <br /> inure to the benefit of, and shall be binding upon, the assigns, successors in interest, <br /> 4 of 7 <br /> 25H-7 <br /> <br /> i <br />