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acting on behalf of any party, which are not embodied herein, and that no other agreement, <br />statement, or promise regarding this matter not contained in this Agreement shall be valid or <br />binding. Any modification or amendment of this Agreement will be effective only if it is in writing <br />and signed by both parties to this Agreement. <br />10. REMEDIES FOR BREACH. Any default in the performance of any terms or <br />conditions of this Agreement, by either party, shall constitute a breach of this Agreement. The non- <br />defaulting party shall provide thirty (30) day written notification to cure each and every breach <br />identified in the notification. In the event that the defaulting party fails to cure its default within such <br />period of time, the non-defaulting party shall have the right, notwithstanding any other provision of <br />this Agreement, to terminate this Agreement without further notice and without prejudice to any <br />other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of a <br />party to object to any default in the performance of the terms and conditions of this Agreement shall <br />not constitute a waiver of either that term or condition or any other term or condition of this <br />Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each <br />alleged breach, or the appropriate remedy for each and every material breach of this Agreement <br />shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both Parties. <br />Arbitration of disputes as to material breach of this Agreement shall be final and binding as the <br />exclusive remedy for enforcement of the rights and responsibilities of all Parties. <br />11. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the <br />terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to <br />the benefit of the Parties hereto and their respective successors. This Agreement shall not be <br />assignable by either Party. <br />12. TERMINATION. Either party may terminate this Agreement, at will, with sixty (60) <br />days prior written notice to the other party. <br />7 <br />25B-10