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11.4 No Assignment. Licensee shall not assign or transfer or otherwise convey <br />any interest in this Agreement to any party without the express prior written consent of First <br />American, which consent may be withheld in First American's sole and absolute discretion. <br />11.5 Successors and Assigns. Without limiting the provisions of Section 10.3 <br />above, this Agreement and the terms, rights, conditions, restrictions and limitations contained <br />herein shall inure to the benefit of and bind First American and Licensee, and their respective <br />successors and assigns. <br />11.6 Applicable Law. This Agreement shall be construed and enforced in <br />accordance with the internal laws of the State of California and its provisions shall be construed <br />in accordance with their fair meaning and shall not be strictly construed against either party. <br />11.7 Litigation Expenses. If either party to this Agreement commences an <br />action against the other party to this Agreement arising out of or in connection with this <br />Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert <br />witness fees, costs of investigation, and costs of suit from the losing party. <br />11.7 Authority. The persons executing this Agreement on behalf of the parties <br />hereto represent and warrant to the other party that they are duly authorized to execute and <br />deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is <br />fonnally bound to the provisions of this Agreement. <br />11.8 Counterparts; Signatures. This Agreement may be executed in several <br />counterparts, and all so executed shall constitute one agreement binding on both of the parties <br />hereto, notwithstanding that both parties are not signatories to the original or the same <br />counterpart. The parties agree that signatures may be delivered by facsimile transmission or by <br />e-mail delivery in ".pdf' format or other electronic means and such signature shall create a valid <br />and binding obligation of the party executing (or on whose behalf such signature is executed) <br />with the same force and effect as if such signature were an original thereof. <br />[Signatures on next page] <br />