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6.9 Amendment; Waiver. <br /> This Agreement may be amended, supplemented or otherwise modified only by a <br /> written instrument executed by all the Parties hereto. No waiver by a Party of any of the <br /> provisions hereof shall be effective unless explicitly set forth in writing and executed by all the <br /> Parties so waiving. Except as provided in the preceding sentence, no action taken pursuant to <br /> this Agreement, including without limitation, any investigation by or on behalf of any Party, <br /> shall be deemed to constitute a waiver by the Party taking such action of compliance with any <br /> representations, warranties, covenants, or agreements contained herein, and in any documents <br /> delivered or to be delivered pursuant to this Agreement and in connection with each Closing <br /> hereunder. The waiver by any Party of a breach of any provision of this Agreement shall not <br /> operate or be construed as a waiver of any subsequent breach. <br /> 6.10 Third Parties. <br /> This Agreement does not create any rights, Claims or benefits inuring to any <br /> person that is not a Party nor create or establish any third Party beneficiary hereto. <br /> 6.11 Survival. <br /> Anything to the contrary in this Agreement notwithstanding the provisions of <br /> Articles IV, V and VI shall survive the termination of this Agreement. <br /> 6.12 Governing Law. <br /> This Agreement shall be governed by, and construed in accordance with, the laws <br /> of the State of California. <br /> 6.13 Entire Agreement. <br /> This Agreement, Exhibits hereto and the Project Documents set forth the entire <br /> understanding of the parties hereto with respect to the subject matter hereof and there are no <br /> Smart OM - Version 2 - <br />