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6.8 Section Headings <br />Section and other headings in this Agreement are for reference purposes only, and <br />are in no way intended to describe, interpret, define or limit the scope or extent of any provision <br />hereof. <br />6.9 Independent Contractor <br />Organization engages Consultant under this Agreement solely as an independent <br />contractor to perform Consultant duties which are described in this Agreement. Organization <br />and Consultant expressly acknowledge and agree that Consultant is the independent contractor of <br />Organization an nothing contained in this Agreement or which otherwise exists shall be <br />construed by Organization, Consultant or any third person or entity to create a relationship of <br />joint ventures, partners, or employer and employee. <br />6.10 Governing Law <br />This Agreement shall be governed by and construed under the laws of the state of <br />California. <br />6,11 TriBiby,inry <br />Organization and Consultant hereby waive, to the fullest extent permitted by <br />applicable law, the right to trial by jury in any action, proceeding or counterclaim filed by any <br />party, whether in contract, tort or otherwise, relating directly or indirectly to this Agreement or <br />any acts or omissions of Consultant in connection therewith or contemplated thereby. <br />6.12 Invailslity <br />The invalidity or unenforceability of any provision or covenant contained in this <br />Agreement shall not affect the validity or enforceability of any other provision or covenant <br />herein contained and any such invalid provision or covenant shall be deemed to be severable. <br />6.13 Waiver <br />A term or condition of this Agreement may be waived or modified only by written <br />consent of both parties. Forbearance or indulgence by either party in any regard shall not <br />constitute a waiver of the term or condition to be performed, and either party may evoke any <br />remedy available under the Agreement or by law despite such forbearance or notice. <br />6.14 Counterparts <br />This Agreement may be executed in counterparts (whether by facsimile signature <br />or otherwise), each of which when so executed shall constitute an original and all of which <br />together shall constitute one and the same instrument. <br />25E -14 <br />