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25. Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth <br />in or attached to this Agreement are by this reference incorporated in and made a part of <br />this Agreement. <br />26. Construction. The parties acknowledge that each party and its counsel have <br />reviewed and revised this Agreement and that the normal rule of construction to the effect <br />that any ambiguities are to be resolved against the drafting party shall not be employed in <br />the interpretation of this Agreement or any amendments hereto. <br />27. Governing Law. This Agreement shall be construed and interpreted in <br />accordance with and shall be governed and enforced in all respects according to the laws <br />of the State of California. <br />28. Entire Agreement. This Operating Agreement contains the entire understanding <br />of the parties and supersedes any and all other written or oral understanding. No <br />alteration of or amendment to this Agreement shall be effective unless given in writing <br />and signed by the party or parties sought to be charged or bound by the alteration or <br />amendment. <br />29. Captions. Any captions or headings to the sections and subsections in this <br />Agreement are solely for the convenience of the parties hereto, are not a part of this <br />Agreement, and shall not be used for the interpretation or determination of validity of this <br />Agreement or any provision hereof. <br />30. Severability. If any one or more of the provisions contained in this Agreement <br />shall for any reason be held to be invalid, illegal or unenforceable in any respect, such <br />invalidity, illegality or unenforceability shall not affect any other provision hereof, and <br />this Agreement shall be construed as if such invalid, illegal, or unenforceable term or <br />provision had never been contained herein. <br />31. Further Assurances. Each party shall cooperate with the other and shall execute <br />such other documents as may be reasonably necessary to carry out the provisions of this <br />Operating Agreement. <br />32. No Waiver. Any waiver, consent or approval by either party of any breach, <br />default or event of default of any provision, condition or covenant of this agreement must <br />be in writing and shall be effective only to the extent set forth in writing. No waiver of <br />any breach, default or event of default shall be deemed a waiver of any later breach, <br />default or event of default of the same or any other provision of this Agreement. Any <br />failure or delay on the part of either party in exercising any power, right or privilege <br />under this Agreement shall not operate as a waiver thereof, nor shall any single or partial <br />exercise of any such power, right or privilege preclude any further exercise thereof. <br />33. Rights and Remedies. No right or remedy conferred by any of the specific <br />provisions of this agreement is intended to be exclusive of any other right or remedy <br />given hereunder or hereafter existing at law or in equity. The exercise of any one or more <br />rights or the election of any one or more remedies by any party shall not constitute a <br />waiver of the right to exercise other available rights or pursue other available remedies. <br />13 <br />25G-15