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• <br /> 7.7 Headings; Construction. The headings of the sections and paragraphs of <br /> the Agreement are for convenience only and shall not be used to interpret the <br /> Agreement. The language of the Agreement shall be construed as a whole according to <br /> its fair meaning and not strictly for or against any Party. <br /> 7.8 Time is of the Essence. Time is of the essence in the performance of the <br /> Agreement. <br /> 7.9 Governing Law. The Agreement shall be construed in accordance with <br /> the laws of the State of California without regard to principles of conflicts of law. <br /> 7.10 Attorneys' Fees and Costs. If any legal or administrative action is brought <br /> to interpret or enforce the terms of the Agreement, the prevailing party shall be entitled <br /> to recover all reasonable attorneys' fees and costs incurred in such action. <br /> 7.11 Severability. If any provision of the Agreement is held invalid, illegal, or <br /> unenforceable by a court of competent jurisdiction, the validity, legality, and <br /> enforceability of the remaining provisions shall not be affected or impaired thereby. <br /> 7.12 Entire Agreement; Exhibits. This Amendment, together with the Original <br /> Agreement contains the entire agreement of Parties with respect to the subject matter <br /> hereof, and supersedes all prior oral or written agreements between the Parties with <br /> respect thereto. <br /> 7.13 Counterparts. This Amendment may be executed in multiple counterparts, <br /> each of which shall be an original and all of which together shall constitute one <br /> instrument. <br /> SIGNATURES ON FOLLOWING PAGE. <br /> 1486489.4 5 <br />